Report Title:

Public Access

Description:

Requires state and county agencies to ensure that a public right-of-way is available prior to the approval of any development project, subdivision, or zoning change.  Modifies definitions of "public recreational area."

THE SENATE	S.B. NO.	2835
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to Public Access.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to enact new and amend certain laws affecting public access to coastal and inland areas.  This Act provides for greater protection of the public's right to access coastal and inland recreational areas, and requires state and county agencies to ensure that a public right-of-way is available before the approval of any development project, subdivision, or zoning change.

     SECTION 2.  Chapter 115, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§115‑   Permits; zoning; development projects and subdivisions. Before the approval of:

(1) A dwelling unit, house, hotel, apartment, apartment hotel, motel, condominium project, condominium property regime, cooperative apartment, lodging unit, or rooming house;

(2) Improvements to a dwelling unit, house, hotel, apartment, apartment hotel, motel, condominium project, condominium property regime, cooperative apartment, lodging unit, or rooming house; or

(3) Any development project, subdivision, or zoning change,

that may affect public access to the sea, the shoreline, or any coastal or inland public recreational area, the relevant agency shall ensure that a public right-of-way is available to access any and all public recreational areas, including beaches, shores, parks, and trails.

As used in this section:

"Agency" means any board, commission, council, department, district, or office of the State, or any of the counties, that has the authority to issue a permit, license, or approval for the development project, subdivision project, or zoning change at issue.

"Approval" means the final approval granted by an agency including, but not limited to, the issuance of a license or building permit.

"Condominium project" shall have the same meaning as in 514C-1.

"Development project" shall have the same meaning as provided in section 206-1.

"Dwelling unit" means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen.

"Public recreational area" means coastal and inland recreational areas, including beaches, shores, public parks, public lands, public trails, and bodies of water opened to the public for recreational use.

"Public right-of-way" means an easement or way, including a lateral easement along the shoreline, coastline, or beach, over which the public has the right to travel and which is used by or is intended for use by the public primarily to access a public beach, shore, park, trail, or other public recreational area.

"Subdivision" means the division of improved or unimproved land into two or more lots, parcels, sites, or other divisions of land, for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites, or division of land.  The term includes resubdivision, and when appropriate to the context, shall relate to the land subdivided.  The term also includes a building or a group of buildings, other than a hotel, containing or divided into three or more dwelling units or lodging units.

"Zoning" refers to county zoning as provided in section 46‑4."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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