STAND. COM. REP. NO. 2993

Honolulu, Hawaii

RE:    H.B. No. 1808

       H.D. 3

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 1808, H.D. 3, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COASTAL AREAS,"

begs leave to report as follows:

     The purpose of this measure is to clarify the definition of "shoreline" under the State's Coastal Zone Management Law.

     Specifically, the measure clarifies that a shoreline is the edge of natural vegetation growth or the upper limit of debris left by the wash of the waves, whichever is further most mauka, but never lower than the upper limit of debris left by the wash of the waves.

     Written comments in support of the measure were submitted by one individual.  Written comments in support, with suggested amendments, were submitted by one state agency and four individuals.  Written comments in opposition to the measure were submitted by one individual.  Written comments regarding the measure were submitted by two individuals.  Written comments presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that comments submitted regarding this measure reflect the dual concerns of property boundary preservation for oceanfront parcels and the effects of erosion by artificially extending the vegetation line toward the ocean.  Your Committee believes that planting vegetation, or encouraging its growth, in order to change what would be the seaward boundary of an oceanfront lot is particularly troublesome if such actions actually encourage erosion or discourage beach recovery after a large storm.  On the other hand, your Committee is also sympathetic to oceanfront property owners faced with the prospect of the ocean eroding their lots.

     While the measure as received does not include provisions regarding public beach transit corridors or rights of access to the shoreline, your Committee believes that clarifying the definition of "shoreline" to refer to natural vegetation growth, rather than any vegetation, and to indicate that, in determining the location of the shoreline, the debris line overrides the natural vegetation line will assist in disincentivizing the planting of vegetation in order to extend oceanfront properties further seaward.  This may, in turn, preserve public beach areas.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1808, H.D. 3, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair