HR219

WHEREAS, on Tuesday, November 27, 2007, a site visit of Kahala Beach was held with community members and State and City officials having functional responsibilities relative to beach issue; and

WHEREAS, the inspection revealed extensive vegetative growth of hau, naupaka, and other plant species that are growing on the beach corridor blocking the beach at high tide; and

WHEREAS, evidence of induced vegetative growth was observed as well as tidal influence inland of the vegetation, and because of apparent induced growth, the vegetation does not demarcate the legal shoreline as it often does at other beaches; and

WHEREAS, much of the vegetation growth appears to be and still is being induced by neighboring property owners as indicated by a number of sprinklers installed both seaward and landward of walls and fences; and

WHEREAS, the Legislature finds that the property jurisdiction along this corridor is shared by the State and the City and County of Honolulu; and

WHEREAS, members such as the Kahala Community Association and the Neighborhood Board No. 3 intend to communicate with private property owners along Kahala Beach to request their cooperation as well as discuss alternatives, as a first step rather than having government agencies issue citations and other official actions; and

WHEREAS, to stimulate thought and discussion, a draft strategy, protocol, or plan of action was offered and a report made by the Coastal Zone Management Office; and

WHEREAS, the draft plan calls for 1) identification and description of the legal policies and provisions state and county agencies have in dealing with public trust resources, 2) determining and delineating shoreline boundary for the geographic area at issue, 3) assessing state and county records to help determine legal and illegal developments, structures, and installments contributing to the problem, 4) consulting with legal counsel on enforcement and related options, 5) having State and County enforcement agencies initiate corrective action and monitor progress, 6) having the Department of Land and Natural Resources develop a strategy for the removal of vegetation to enhance public utility and enjoyment of the beach, where violations cannot be determined and the conditions under which volunteer work might be permitted, and 7) developing a profile of correction and restoration of the beach, including visual references, for periodic monitoring and possible future enforcement; and

WHEREAS, the report written by the Coastal Zone Management Office, dated December 3, 2007, valuable because this issue is found on other beaches, provided a roadmap as to how to proceed to rectify the encroaching vegetation situation; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the Office of State Planning, with community leaders and district legislators, continue to coordinate the City and County of Honolulu and the State Department of Land and Natural Resources in addressing the encroaching vegetation problem on Kahala Beach and adopt a strategy and plan to rectify it; and

BE IT FURTHER RESOLVED that the Office of State Planning is to report its findings to the State Legislature no later than twenty days before the convening of the Regular Session of 2009; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to that certified copies of this resolution are to be sent to the Mayor of the City and County of Honolulu, the Department of Planning and Permitting of the City and County of Honolulu, Councilmember Charles Djou, the Director of the Department of Business, Economic Development and Tourism (DBEDT), the Director of the Department of Land and Natural Resources (DLNR), the DBEDT Office of State Planning, Coastal Zone Management Branch, the DLNR Office of Conservation and Coastal Lands, the Kahala Community Association, and the Neighborhood Board No. 3 Waialae-Kahala.

	OFFERED BY:	_____________________________

Report Title:

Vegetation overgrowth; Kahala Beach; plan and coordination

HOUSE OF REPRESENTATIVES	H.R. NO.	219
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII