Guest Blogger: Kauai Beach Access

Mahalo to Richard Spacer on Kauai for sending this commentary on the situation at Lepeuli -- more commonly known as Larsen's Beach -- and what he's trying to do about it. Please visit the website Free Larsen's Beach at the link to find out more about this issue.

From: Richard Spacer, Kauai

Aloha readers concerned about beach access. Over on Kauai we have problems too.



A lateral, coastal trail was fenced off with four foot high barbed wire fence on May 21, 2011 in the ahupua'a of Lepeuli, Kauai. This ahupua'a is entirely owned by Waioli Corporation, a non-profit that also owns historic missionary property in Hanalei, Kauai and a museum named Grove Farm, in Lihue, Kauai. Waioli has leased this Lepeuli property to a beef cattle rancher named Bruce Laymon, who has a business called Paradise Ranch at Lepeuli. The Lepeuli Tax Map Key (TMK) is (4)-5-1-003:003.

Many in the community, especially Native Hawaiians, believe this trail is a segment of an ancient, historic ala loa trail, a public trust feature, that circled each of the islands. HRS 264-1, which incorporated The Highways Act of 1892, should by law mean this trail must be public and open.

This trail has been used forever, most recently by the public to access Lepeuli Beach, also known as Larsen's Beach. There are three trails to this beach, and the one fenced off is the only safe, gradual trail that allows access for almost all users, people with small children, the elderly, etc. Mothers previously could access this beach on the lateral trail with a baby carriage or stroller. No longer.

The other two trails are steep, liability-laden trails owned by the county. One trail was sold to the County of Kauai in 1979 and at some point thereafter the county neglected the trail and allowed it to be overgrown with trees and other vegetation. It was fenced off! A public, county right-of-way fenced off. How is that even possible? Upon the request of members of the community, the fencing was removed from the entrance to this trail last year and it was surveyed. But the county to this day in an act of nonfeasance has not defined and improved the trail for public access. No duty of care here.

Incorrectly thinking it would solve the problem above, Waioli Corporation leased another, even steeper grade trail to the county in the immediate vicinity in 2010. In the legal document describing the easement signed by representatives of Waioli Corporation and Kauai County, the right is retained, among other things, to wall or fence off this 2010 trail!

I filed a petition dated April 18, 2011 with the County of Kauai Planning Commission to revoke the Special Management Area Minor Permit SMA-(M)-2009-6 of Paradise Ranch, issued September 1, 2009, for violating Condition 6 of said SMA permit. Paradise Ranch has authority to do fencing in the Agricultural District under this county permit, but NOT to block the lateral coastal trail. Condition 6 says:

"The location of the fence is subject to approval by the DLNR and Na Ala Hele to ensure
public access to and along the lateral coastal trail. Provide the department a location map as approved by those agencies prior to installation of the fence."

Instead, the lateral coastal trail is blocked by fencing, and neither DLNR or Na Ala Hele approved the location of the fence, according to a June 27, 2011 memo by William Aila, Jr., Chairperson of DLNR.

I also requested the Planning Commission to order the fencing removed and levy fines.

Additionally, a significant portion of the fencing, including that fencing blocking the lateral coastal trail, lies within the state Conservation District. In this part of Kauai, the state Land Use Commission says the boundary of the Conservation District lies 300 feet mauka of the certified shoreline. Paradise Ranch DID have a state Conservation District Use Permit (CDUP), but surrendered it in January 2011 due to mounting legal costs and pressure from those of us opposing this project. Consequently, that part of the fencing inside the Conservation District is illegal, and Paradise Ranch is potentially liable for fines of up to $15,000. per day levied by DLNR. $15,000. per day starting from May 21, 2011.

Paradise Ranch had received approval for $73,500. in federal Environmental Quality Incentive Program (EQIP) dollars (your tax dollars) to fund the fencing that keeps the public off the lateral coastal trail. This program is administered by the Natural Resources Conservation Service (NRCS), a part of the US Department of Agriculture. They have a regional office in the federal building at 300 Ala Moana Blvd. Paradise Ranch denied in their state and county permit applications that there was an archaeological feature on the property near the beach. When NRCS learned about this, they cut the funding. They don't fund projects with cultural resources on the property.

Richard Spacer
Kauai