tag:blogger.com,1999:blog-4995361704198466252024-03-19T02:43:03.944-10:00Beach Access HawaiiUnknownnoreply@blogger.comBlogger204125tag:blogger.com,1999:blog-499536170419846625.post-28571709560797351312017-04-14T10:33:00.001-10:002017-04-14T13:01:25.766-10:00Star-Advertiser Column on Beach AccessHere's an article that appeared in the <a href="http://www.staradvertiser.com/2017/04/14/hawaii-news/kokua-line/beach-access-points-can-be-found-in-book-plus-online/" target="_blank">April 14, 2017 edition of the Honolulu Star-Advertiser </a>to address questions about finding current info on public beach access:<br />
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<span style="font-size: large;"><span style="font-family: "opensans"; font-weight: 700;">Hawaii News| Kokua Line
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</span><span style="font-size: x-large;"><span style="font-family: "opensans"; font-weight: 700;">Beach access points can be
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</span><span style="font-family: "opensans"; font-size: 24.000000pt; font-weight: 700;"><span style="font-size: x-large;">found in book, plus</span> online </span><br />
<i><span style="font-size: small;"><span style="font-family: "opensans";">By Christine Donnelly
Posted April 14, 2017
April 14, 2017 </span></span></i><br />
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</span><span style="font-size: small;"><span style="font-family: "opensans"; font-weight: 700;">Question</span><span style="font-family: "opensans";">: I was in a neighborhood on the North Shore that I haven’t gone to in a
while. I was going to a beach via an access point but found that it was blocked,
presumably by the owners next to the access. Is there a way for me and others to </span><span style="font-family: "opensans";">fi</span><span style="font-family: "opensans";">nd
a map to the beach access locations around the island? I didn’t want to go around the
blockade just in case it wasn’t a true access point. </span></span><br />
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</span><span style="font-size: small;"><span style="font-family: "opensans"; font-weight: 700;">Answer</span><span style="font-family: "opensans";">: Yes, there are several options, in print and online. Here are a few: </span></span><br />
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</span><span style="font-size: small;"><span style="font-family: "opensans";"> </span><span style="font-family: "opensans"; font-weight: 700;">“O‘ahu Beach Access</span><span style="font-family: "opensans";">: A Guide to O‘ahu’s Beaches through the Public Rights of
Way,” provides detailed information about 89 public rights-of-way (PROW) on Oahu,
including photos, maps and directions, plus a brief introduction to the sometimes
contentious history of preserving shoreline access. The book lists 32 beach parks or
PROWs on Oahu’s North Shore. You didn’t mention which beach lane you tried to use,
so we can’t con</span><span style="font-family: "opensans";">fi</span><span style="font-family: "opensans";">rm whether it is a public one. However, the books’ authors say that
some private landowners have been known to obscure or obstruct public lanes, a
practice they hoped the book’s publication would deter. This guide, </span><span style="font-family: "opensans";">fi</span><span style="font-family: "opensans";">rst published in
2012, is available for purchase at Barnes & Noble at Ala Moana Center (eight copies
were on hand Wednesday), as well as from booksellers online. </span></span><br />
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</span><span style="font-size: small;"><span style="font-family: "opensans";">A map at </span><span style="color: #0000ee; font-family: "opensans";"><a href="http://cchnl.maps.arcgis.com/apps/OnePane/gpx/index.html?appid=0389a0d1ba8642af8f82832d0d25fdc0&webmap=bb2692cf44564637b072fcac2a1bf095" target="_blank">808news/oahuaccess</a> </span><span style="font-family: "opensans";">allows users to click on coastal sites around Oahu
to retrieve information about speci</span><span style="font-family: "opensans";">fi</span><span style="font-family: "opensans";">c locations, including whether there are restrooms
or lifeguards at the site. The website was developed by the National Oceanic and
Atmospheric Administration with help from state and city agencies as an approximate
guide to publicly accessible shoreline access points owned or leased by the municipal, </span><span style="font-family: "opensans";">state or federal governments. </span></span><br />
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<span style="font-size: small;"><span style="font-family: "opensans";">Government agencies are supposed to keep the map up
to date, according to news reports publicizing the website in 2012. It is based on </span><span style="font-family: "opensans";">fi</span><span style="font-family: "opensans";">eld
surveys cross-checked with Tax Map Keys. </span></span></div>
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<span style="font-size: small;"><span style="font-family: "opensans";">The city Department of Parks and Recreation posts a list of beach rights-of-way at
</span><span style="color: #0000ee; font-family: "opensans";">808news/rowlist</span><span style="font-family: "opensans";">, but it does not provide speci</span><span style="font-family: "opensans";">fi</span><span style="font-family: "opensans";">c locations in each case. It lists
Emergency Response Locations (ERL) by number and general location, designating
signs and pathways to Oahu’s shoreline for emergency responders (which the general
public also can use). For examples, the location of ERL 259A is listed simply as “Au
Street A,” while ERL 134A carries the more precise description “Kahala Avenue at
Hunakai Street.” Still, it’s free, and simple to download and print the list, which comes
in handy for locations where intersections are given. </span></span><br />
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<span style="font-size: small;"><span style="font-family: "opensans";">We’d be happy to hear from readers who have other favorite guides, links or apps
tracking access to Oahu’s shoreline. Please email suggestions to
</span><span style="color: #0000ee; font-family: "opensans";">kokualine@staradvertiser.com</span><span style="font-family: "opensans";">.
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richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-50257653047708013772015-03-14T10:41:00.004-10:002015-03-14T10:43:50.350-10:00Frequently Asked Questions About Beach AccessTo clarify some ongoing misconceptions about public beach access, here is the link to FAQs that was originally posted when we first formed Beach Access Hawaii in 2007. At that time, there was a separate link on the side of the BAH website page for this info. But when the site was discontinued and posts were imported to this blog, it got buried in the archives. <a href="http://beachaccesshawaii.blogspot.com/2007/09/frequently-asked-questions.html" target="_blank">Click here for background info</a>, which hasn't changed in eight years of ongoing disputes over beach rights of way thanks to inaction by the counties and State Legislature.<br />
<a href="https://www.blogger.com/goog_611090545"><br /></a>
<a href="http://beachaccesshawaii.blogspot.com/2007/09/frequently-asked-questions.html">http://beachaccesshawaii.blogspot.com/2007/09/frequently-asked-questions.html</a>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-68403931062158149402015-03-12T15:57:00.000-10:002015-03-15T13:54:15.935-10:00Kailua Beach Gate ReduxEight years ago, I co-founded <b>Beach Access Hawaii</b>
when residents on L'Orange Place put up a gate to keep others from using
the beach path at the end of their privately owned road. I soon learned
that at least 17 Kailua beach-side lanes were gated or had put up "No
Beach Access" signs. Upon further investigation, I found that the State
law pertaining to beach rights of way wasn't actually an enforceable
law. The attorney representing the City and County of Honolulu contended
it was only a guideline because it said there "should" be public access
every quarter mile in urban areas or every half mile in rural sections.
"Should," not "shall."<br />
<br />
Despite standing room only crowds
testifying for the need to preserve beach access at Kailua Neighborhood
Board meetings, and having thousands of people sign petitions supporting
our cause, ultimately the State Legislature and City Council chose to
do nothing. We also organized a state-wide Groundhog Day rally in 2008
that brought together over 20 organizations on every island -- there was
even a Surfrider protest in Florida that same day, which was inspired
by our efforts. For all our lobbying, calls to State and county
officials, media attention, sign waving, proposed bills that got
multiple hearings and lip service from elected reps, in the end, the
status quo prevailed. Forcing property owners to allow public access on
privately-owned land would amount to "takings" or require condemnation
proceedings by the State, which would be costly and probably fail in
court.<br />
<br />
I bring this up because once again in Kailua there's talk
about another gate going up on Ka'apuni Drive. The difference this time
around is that the rumors spread faster thanks to Facebook. Back when my
neighbors and I began Beach Access Hawaii in 2007, our chief form of
communication was going door to door and handing out flyers. We then
built an email list, which became our main tool to spread the word about
what we were trying to accomplish through our meetings with State and
county government people.<br />
<br />
But social media is a different animal.
Anyone can post anything, and often no one bothers to check the facts or
research an issue. Much of it takes on an ugly tone, resorting to
slinging the "F" bomb or "sh*t" every other word on the <b>"My Kailua" Facebook</b>
page, which is presumably meant for a wide range of ages.
Unfortunately, it's the rude commenters that give fuel to the arguments
put forth by the Gate Keepers, who point their fingers at miscreants for
trashing their streets and beach paths or disturbing them at all hours
of the night when the rude idiots are out partying, defacing property
with graffiti and so on. There is no defense for rudeness, online or
elsewhere.<br />
<br />
As some noted in the thread comments, there are good
neighbors too who have taken the time to help clean up the Ka'apuni
Drive access. Killing them with kindness is a far better strategy than
threatening to make their lives miserable if they put up a gate. The one
positive outcome we had from the L'Orange Gate controversy was that <b>State Rep. Cynthia Thielen</b>
convinced residents on her beach-side lane to unlock their gate. But
many of the other oceanfront properties in Kailua aren't even occupied
by local owners. Some have been bought by investors that rent them out
as vacation homes or B&Bs with their own private beach access.<br />
<br />
So
what can be done? Here's my suggestion: if homeowners on "private"
roads want to deny beach access to the public, then treat those roads as
private and require them to pay for all public services they currently
enjoy at the taxpayers' expense. Let them pay for trash pick-up at their
homes, or else they can cart it out to the public road adjoining their
private lanes. Ditto for mail delivery. And make them pay for any public
utility work that must be done beneath or bordering their private
roads. They can't have it both ways -- their roads shouldn't be used for
public services when it suits them, but kept off limits to the public when
it doesn't.<br />
<br />
I have also suggest to State reps and City Council
members that they could offer positive inducements for allowing public
access, such as tax breaks on their "private" roads and easements.
Sometimes a carrot is better than a stick. For what it's worth, here's
the post from the <a data-mce-href="https://www.facebook.com/mykailua" href="https://www.facebook.com/mykailua" target="_blank">My Kailua Facebook page </a>that elicited a strong reaction:<br />
<blockquote>
<i>KA'APUNI TO BECOME GATED</i><br />
<i>Area Resident Local Reports In...</i><br />
<i>The
"residents" of Kaapuni Drive have voted to put gates up and restrict
beach access. This after only a few months ago they denied claims that
this was happening nor would it ever. After local news was about to
release the story, the Kaapuni association president called the news
denying any validity to the accusations and dismissing it as baseless
rumors. Now that one of the long time residents that has always opposed
putting up gates has passed and her property is for sale, the
"residents" (several of which live on the mainland and vote by proxy at
the board meetings) now have the votes to pass the motion. Meanwhile the
neighboring community that takes care of the beach accesses through
community cleanups and beautification projects will be the ones most
affected by this restriction. The next nearest public accesses are over a
HALF MILE APART. We need to let the Kaapuni board and residents know
that this is a horrible idea and will not decrease crime, vandalism, and
littering. Those punks will just jump the gate or come down from
another access. It is the families that grew up using these accesses and
actually take care of the beach and accesses that they will be
punishing. Beach access needs to be protected and opened, not limited!
If anyone has contacts with the residents or board members, please
share. Or contacts at local news outlets. Help spread the word before
another beach access is restricted. Anyone happen to know the minimum
distance between public beach accesses? Or an ordinance/law/etc
regarding public trash and mail access on private roads?</i><i><br /> </i></blockquote>
Looking
back, there was another positive result from the Beach Access Hawaii
campaign... a lasting one. We got to know a lot of our neighbors by
going door to door, and meeting in person to make our signs for the
rallies and protests. That's one thing you can't do online. Putting
names to faces, sharing stories of growing up in Kailua or elsewhere,
spending real time together for a concerted purpose will always mean
more than sitting in front of a computer, typing out pithy Tweets or
snarky Facebook retorts. But at least grumbling online is a start. The
question is, will any of them follow through and attempt to do something
about it?richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com1tag:blogger.com,1999:blog-499536170419846625.post-3339851948327998302014-10-25T14:03:00.000-10:002014-10-25T14:29:40.178-10:00Sheraton's Shoddy Shoreline ShamBeach access advocate Mark Dougherty sent these photos of the walkway in front of the Sheraton Waikiki, which clearly shows how vegetation from the resort property makes it even more narrow than it already is. He says the Sheraton is basically ignoring their responsibility to maintain the walkway because they'd rather dissuade the general public from passing in front of their property than improve access. He's probably right.<br />
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEipKzLYh8oQw-EYDn0OkYxDdpzvaywsESbBI_eNYWYiDQ8CsG4OLC_NXsFWwsZIR8XIBJ1DEJKIXQYGqpthVbgN8GuxNHYwdj-UqULySt8wePvlJSjdUWLsB0K_XQQV7J6kF4coFIq0HxS4/s1600/1+Sheraton+easement+narrows+dt.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEipKzLYh8oQw-EYDn0OkYxDdpzvaywsESbBI_eNYWYiDQ8CsG4OLC_NXsFWwsZIR8XIBJ1DEJKIXQYGqpthVbgN8GuxNHYwdj-UqULySt8wePvlJSjdUWLsB0K_XQQV7J6kF4coFIq0HxS4/s1600/1+Sheraton+easement+narrows+dt.jpg" height="266" width="400" /></a></div>
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Mark writes:<br />
<blockquote class="tr_bq">
<b>" Improved shoreline access across Hawaii received a boost in 2010 when Act 160 (HRS 115-5) was passed. Unfortunately the prescription for 6-feet wide 'beach transit corridors' is not applicable in some places. This coast fronting the Sheraton Waikiki -- one of the more prominent shorelines in Hawaii -- must make due with a 4-foot walkway. The walkway, an easement that dates back years before Sheraton was built in 1971, was considered for expansion during the Sheraton renovation, completed around 2011. But no action was taken. Hawaii's coastal planners apparently regard this access way as sufficient for all pedestrian traffic between main Waikiki Beach and Ft. DeRussy. With the constraining naupaka hedge and railing, the public has only 3 ½ feet to pass."</b></blockquote>
I asked him what he would like to see happen in regards to the situation. Here's his response:<br />
<blockquote class="tr_bq">
<b> "</b> <b>Re your question, I would like to see walkway widened or naupaka removed. But I doubt the hotel will do that now. The time to do that was during the renovation, at coastal planners' prompting. (Several months ago I communicated with Bob Kelly, Sheraton GM. He said the walkway is just fine.) At this point, it would probably take a land acquisition. That would be a big deal. And the related issue is Gray's Beach restoration is still pending. There is a lot going on here....<br /> I am interested in a public airing of this issue. Attention is warranted by both media and community organizations. Here are my 3 key topics:<br /> 1) The Sheraton walkway situation helps erode respect for the 6-feet-wide standard of HRS 115-5. If coastal planners deem a 3 ½ feet width is good enough for the busy Waikiki shore, that sends a poor message.<br /> 2) There is highly credible information that not only that some hotels seek to limit pedestrian traffic along the Waikiki shore, but that top coastal planners are tacitly agreeing to go along with this scheme. This is bad policy and should be investigated. Of course planners will deny this, but a close look at at the Sheraton situation is warranted.<br /> 3) A new law is needed to require upgrading of substandard easements fronting resort properties when those properties engage in major coastal renovations. HRS 115-5's 6-feet standard should be the new code, at least. Sheraton built a new pool within 10 feet of the water's edge. Apparently there is no policy basis to conduct such an easement review during major coastal modifications.<br /> What happened at the Sheraton is important; it provides the basis to debate new legislation that would prevent this situation from happening again.</b>"<b><br /></b></blockquote>
Although Mark has tried contacting government officials and people in organizations such as Surfrider and KAHEA, so far no one seems to want to make waves over the issue. If you'd like to help Mark in this cause, please contact him via email at markdd8@gmail.com.<br />
<br />richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-42446470787976320462014-10-03T14:25:00.000-10:002014-10-03T18:35:00.063-10:00Unintended Consequences: Homeless Find LoopholeAnyone who lives on Oahu knows we have a major problem with homelessness. You see it in Waikiki, Downtown, Chinatown, Kakaako -- but the homeless have also been pitching tents in beach parks all over the island. Since it's gotten to the point where tourists and residents alike are being impacted, the City of Honolulu has been trying to find ways to force them into shelters and get them off the sidewalks and out of the parks.<br />
<br />
However, the homeless found a loophole in recent laws passed by the City: because of the split jurisdiction along the shoreline, they are now sleeping on the beach below the high water mark which comes under State rule! Of course, the State Dept. of Land and Natural Resources doesn't have the manpower or resources to deal with that issue too, so the City is trying to get State permission to take responsibility for the beach at Fort DeRussy in Waikiki. Here's the <a href="http://www.staradvertiser.com/newspremium/20140920_Homeless_shift_to_state_beach.html" target="_blank">link to that article </a>in the Honolulu Star-Advertiser:<br />
<br />
http://www.staradvertiser.com/newspremium/20140920_Homeless_shift_to_state_beach.html<br />
<br />
But that's just <u>one</u> beach. Moreover, it's not the only problem we're experiencing that is related to split jurisdiction. Recently the local news media has also been reporting about the growing number of commercial ocean sports activities routinely being conducted on Honolulu beaches -- everything from the usual surfing and paddle boarding lessons to yoga classes. So if someone from the City wants to hassle them about things like permits, all they need to do is move down below the high water mark because the State DLNR won't send anyone to stop them.<br />
<br />
Time and again, I've stated in this blog that we need a joint State-Counties Coastal Commission to set rules for all shoreline activities and have the authority to impose fines or take action against violators. Yet the Honolulu City Council and State Legislature continue to stick their heads in the sand and twiddle their thumbs.<br />
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BTW, a follower of this blog -- Mark Dougherty -- sent me the photos below showing how the Sheraton Waikiki has been derelict in maintaining vegetation along a walkway fronting the resort. I told Mark that there was a State Law passed, which is supposed to make property owners responsible for keeping plants from encroaching on any beach area below the high water mark because it would impede lateral beach access. The thing is you have to get DLNR to enforce the rule, and to date, I'm not sure they've been putting much effort into it.</div>
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<br />
Mark says he'll look into it himself, but has already heard from people who say the Sheraton really isn't that interested in improving the walkway's accessibility because they don't want to encourage more foot traffic by non-guests through that area. Wouldn't surprise me in the least if that was true.<br />
<br />
Stay tuned, more to follow when I have time to post an update!<br />
<br />
<span id="goog_1192646330"></span><span id="goog_1192646331"></span><br />richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-3165857785342223042014-09-03T14:06:00.000-10:002014-09-03T14:06:48.513-10:00Latest Studies: More Bad News...It's been a long time since my last post. So what's new? Nothing as far as action by the Hawaii State Legislature or Honolulu City Council in regards to protecting public beach access, or protecting what's left of our shorelines.<br />
<br />
Yet each week/month/year that goes by, we continue to see more evidence of climate change that is causing sea levels to rise and leading to accelerated beach erosion. On today's Civil Beat website, there was this piece <a href="http://www.civilbeat.com/2014/09/inch-by-sandy-inch-hawaiis-loss-of-beaches-worries-tourism-industry/" target="_blank">(click here for link to their page):</a><br />
<br />
<blockquote class="tr_bq">
<h1>
Inch by Sandy Inch, Hawaii’s Loss of Beaches Worries Tourism Industry</h1>
<h2>
Recent
reports cite concerns that elevated ocean levels, drought and hotter
Hawaiian nights will hurt tourism and ultimately the state's economy.</h2>
<div class="meta">
<time>September 3, 2014</time><span class="delim">·</span><cite>By <span class="cb-coauthors"><span><a href="http://www.civilbeat.com/author/breanamilldrumyahoo-com/">Breana Milldrum</a></span></span></cite></div>
</blockquote>
<div class="meta">
<blockquote>
The look of paradise is changing: Rising seas mowing over reefs that
were once able to slow and break the swells are starting to swallow
Hawaii’s iconic white beaches. The state has approximately 750 miles of coastline, according to a
climate change report released recently by the University of Hawaii Sea
Grant Center for Sustainable Coastal Tourism. But 13 miles of beaches
have disappeared within the past century.<br />
<br />
That has scientists — and the Hawaii Tourism Authority — worried. In a two-part report published in <a href="http://seagrant.soest.hawaii.edu/sites/seagrant.soest.hawaii.edu/files/publications/web-hta-climatechange-visitorindustry_0.pdf" target="_blank">2013</a> and <a href="http://seagrant.soest.hawaii.edu/sites/seagrant.soest.hawaii.edu/files/publications/smfinal-hawaiiclimatechange.pdf" target="_blank">2014</a>, researchers outlined impacts related to sea level rise, drought, and elevated temperatures in Hawaii.<br />
<br />
“The first report was more of an academic, theoretical approach on how
to deal with the problem,” co-author and NOAA Sea Grant Coastal Programs
coordinator Dolan Eversole said. The second, released just a few weeks ago, attempts to illustrate how
the effects of climate change will look on the ground, Eversole said.<br />
<br />
Waikiki is particularly vulnerable. A 2008 economic impact report
surmised that $2 billion in total visitor expenditures annually would be
lost if its beaches were to disappear... And Waikiki isn’t the only beach that’s going to get smaller:
Others expected to experience significant erosion within a century
include: Mau’umae and Hapuna on the Big Island; Makena State Park and
Ho’okipa on Maui; Hulopo’e on Lanai; Pu’ko’o and Halawa on Molokai;
Waimanalo, Ala Moana on Oahu; and Ke’e beach and Poipu Beach Park on
Kauai... According to the report, approximately 90 experts in the field of sea
level rise found that it will occur to the tune of 1-3 feet around
Hawaii within 85 years.<br />
<br />Tourism isn’t the only industry that will be affected by climate
change. The Sea Grant reports say that increases in the
ocean’s temperature could affect the feeding habits and migration
patterns of big-eye tuna, with catches expected to decrease by as much
as 27 percent by 2100.<br />
<br />
Dr. Chip Fletcher of the University of Hawaii at Manoa estimates that
ocean levels will rise by a little less than an inch a year in
Hawaii. While that may seem minor at first, over time the impacts on
Hawaii’s environment and, by extension, the tourism industry, could be
great.<br />
<br />
Higher ocean levels could create more storm surges which could
threaten water lines, roads and a majority of the state’s hotels,
which are situated along the coast. Linda Cox, a co-author of the
report, said that damages from rising sea levels would be the most
economically harmful. “My idea is that the coastline infrastructure will be the biggest
challenge due to the expense associated with moving or altering it,”
said Cox, researcher with College of Tropical Agriculture and Human
Resources at UH.
<br />
The effects of rising ocean levels can already be seen on Oahu, said Cox.<br />
<br />
“We already have major issues in coastal areas — look at Hanalei and
the North Shore of Oahu. When major storm events occur, these
communities struggle to keep roads open, necessities in stock and people
aware of the action to take,” Cox said...</blockquote>
<br />
The article concludes with "What's Being Done," which I can summarize for you in two words: MORE STUDIES. In other words, no action will be taken until there's a major catastrophe. Sigh. <br />
<br />
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<cite><span class="cb-coauthors"><span> </span></span></cite></div>
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richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-61909032564326109532014-02-12T15:11:00.001-10:002014-02-12T15:11:56.968-10:00Some Good News FinallyAs reported by Joan Conrow on the HuffPost Hawaii site, the Hawaii Supreme Court "has ruled the state must consider historical evidence when determining the shoreline... The <a href="http://www.courts.state.hi.us/docs/opin_ord/sct/2014/January/SCWC-30573.pdf" target="_hplink">opinion</a>
also reiterates the high court's 2006 ruling that vegetation may not be
planted to manipulate the shoreline, which becomes the starting line
for a building setback."<br />
<br />
In effect, the court is saying oceanfront home owners can't try to grab more beach land by planting stuff like naupaka on the edge of their property, which can grow out quickly and extend the de facto boundaries by quite a bit -- like these Kailua Beach properties...<br />
<br />
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<br />
Yep, it's like a sea of green in front of those homes! The court also said historical evidence of the "highest wash" must be considered in determining where the shoreline is. That's significant because the State was using a "single-year snapshot" method, which could be taken at a time when waves were low... and that would allow people to build closer to the ocean, even if history has shown those idiots were putting their property and themselves at risk.<br />
<br />
You can read Joan's <a href="http://www.huffingtonpost.com/joan-conrow/hawaii-beaches-belong-to-public_b_4677937.html?utm_hp_ref=email_share" target="_blank">entire article by clicking here</a>.<br />
<br />
Meanwhile, the State Legislature has kicked off their 2014 session with the usual well-meaning announcements that they are going to do something about addressing global climate change and rising sea levels... yeah, right. Call me cynical, but it seems the most vocal advocates -- like Rep. Chris Lee -- don't grasp the reality of Hawaii's split jurisdiction handling of the shoreline. No matter what the State does in the way of studies or task forces, they have no power over shoreline setbacks or zoning restrictions because that is up to each individual county council as it stands right now.<br />
<br />
Until they face the fact we need a joint State-Counties coastal commission that has authority to make rules and enforce them, all we will get are nice sound bites and photo opps while the naupaka keeps growing, beaches keep eroding and sea levels keep rising. richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com2tag:blogger.com,1999:blog-499536170419846625.post-57359174586017272592014-01-06T13:51:00.000-10:002014-01-06T13:51:25.932-10:00New Year, Same Old PoliticsIt's been awhile since I last posted, due to other professional responsibilities and lack of any real news on the beach access front to share. If you live in Hawaii, you've seen the TV and newspaper reports about houses on the North Shore that are in danger of being swept away by high surf as a result of beach erosion. What's been missing in those dramatic video shots and articles is any detailed discussion of accountability.<br />
<br />
As I have been writing in this blog and elsewhere for over three years, Oahu's shoreline setback rules are dangerously shortsighted. The proof is what we're seeing on TV, happening before our very eyes. Yet it should come as no surprise to anyone living here since it's been going on in Kahala, Lanakai and around the island for decades. People build too close to the sea, which interferes with sand dunes and natural erosion/replenishment cycles. That leads to homeowners building seawalls or planting vegetation that hardens the shoreline break and hastens erosion further, until there is no beach left.<br />
<br />
The only local news outlet to question existing shoreline setback policies is the <i>Honolulu Civil Beat</i>. <a href="https://www.civilbeat.com/reg/posts/2014/01/02/20800-hawaii-monitor-it-is-time-to-plan-an-orderly-retreat-from-the-beach/" target="_blank">Ian Lind wrote a piece about it</a>, and today they ran a story about the county REJECTING federal funding for shoreline management purposes because they feel like there is too much paperwork and accountability that goes along with the money. And you wonder why nothing gets done to protect what beaches we have left? It's absolutely astounding that the Honolulu City Council accepts this rationale and sits on its hands with their heads stuck in the sand... except that sand is being washed out to sea, leaving their inaction exposed for the entire State to see.<br />
<br />
Meanwhile, the other islands have said the fed reporting requirements aren't that onerous and are taking advantage of Oahu's idiotic rejection of funds -- if Honolulu doesn't use that money, they get more to work with. <a href="http://www.civilbeat.com/articles/2014/01/06/20830-honolulu-forgoes-federal-funds-to-manage-coastal-development/" target="_blank">Here's the link to the Civil Beat piece</a>.<br />
<br />
Excerpts from today's article:<br />
<blockquote class="tr_bq">
<i>Every year, the City and County of Honolulu lets slide an opportunity
to get more than a quarter of a million dollars in federal funding to
promote sustainable coastal development. The funds, which the other three counties in Hawaii receive, is
mostly used to hire staff to implement the Coastal Zone Management Act,
which is federal legislation that was passed in 1972 to balance the
needs of environmental conservation with coastal development. </i><br />
<br />
<i>Honolulu county was receiving about $280,000 a year from the program
until 2007, when Honolulu’s Department of Planning and Permitting
concluded that increased federal oversight and stricter reporting
requirements were too onerous. “The funding comes with a lot of strings attached to it,” said George
Atta, director for the county planning department. “It was creating a
lot of headaches for us from an administrative standpoint.” </i></blockquote>
<blockquote class="tr_bq">
<i><span class="xhr_content" id="article_content_widget"></span></i><br />
<i>Michele
McLean, deputy director for the Maui County Planning Department, said,
“It’s become such a routine thing for us in terms of the reporting. It
really isn’t burdensome." Maui County receives $344,600 in funding from the program which it
uses to fund four full-time positions. McLean, who called Oahu’s
rejection of the funding “eyebrow raising,” said that Maui’s staff
members deal with issues related to sea-level rise, coastal development
and erosion. </i><br />
<br />
<i><span class="xhr_content" id="article_content_widget">Atta insisted that the loss of funding does not impede the
department’s ability to comply with federal and state regulations
relating to coastal development. He said that other staff in the
department’s land use permitting division have taken on the work
required by the Coastal Zone Management Act. </span></i></blockquote>
<blockquote class="tr_bq">
<i><span class="xhr_content" id="article_content_widget">
</span></i>
<i>Still, the lost funding would have equaled about one quarter of the
$1.2 million annual budget of the land use permitting division for 2014. And though the county planning department hasn't sought such federal funding in recent years, it is <a class="external-link" href="http://hawaii.news.blogs.civilbeat.com/post/69230763492/cost-of-development-in-honolulu-could-be-on-the-rise" target="_blank">requesting an increase</a> in development fees, partly to cover coastal management activities on Oahu. </i><br />
<br />
<i><span class="xhr_content" id="article_content_widget">Robert Harris, executive director for the Hawaii Sierra Club, said
that the county’s rejection of the funds is indicative of the county’s
general reluctance to address coastal development and erosion problems. <br />
<br />
Whereas Maui and Kauai have been "relatively progressive" in trying
to find the right balance and in planning for future erosion, "Oahu has
been about the most adamant in believing those controls are
unnecessary,” said Harris.<br />
<br />
Statewide, 9 percent of Hawaii's beaches have been lost, mostly due to improperly located coastal development, according to a <a class="external-link" href="http://www.soest.hawaii.edu/GG/resources/theses/PHD_2013_Romine_B.pdf" target="_blank">recent report</a> from the University of Hawaii's School of Ocean and Earth Science and Technology.<br />
<br />
On Oahu, between 30 and 40 percent of beaches have disappeared,
mostly as a byproduct of efforts to protect private property from
encroaching erosion, said Dolan Eversole, a coastal hazards specialist
at the University of Hawaii. The main cause: erecting seawalls to save
houses.</span></i></blockquote>
<span class="xhr_content" id="article_content_widget"></span>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-85494187389859412242013-10-22T07:11:00.000-10:002013-10-22T07:11:50.941-10:00Disconnecting the DotsThere were two articles in today's <i>Honolulu</i> <i>Star-Advertiser (Oct. 21) </i>dealing with unrelated beach and ocean problems that <u>should</u> be connected: <a href="http://www.staradvertiser.com/newspremium/20131021__State_proposes_to_change_rules_for_commercial_use_of_oceans.html?id=228596311&c=n" target="_blank">regulation of commercial use of our oceans</a>, and <a href="http://www.staradvertiser.com/newspremium/20131021__Regulatory_woes_complicate_efforts_to_stop_erosion.html?id=228596271" target="_blank">control over what can or cannot be done with our shorelines</a>.
But if you read those two stories back-to-back, you'll start to get a
headache trying to track all the federal, state and county agencies that
have overlapping responsibilities. For instance, who is responsible for
addressing beach erosion? Under Hawaii's convoluted system, there is
split jurisdiction that is literally based on a shifting high water mark
-- and both the State and counties often cite the murky lines of
demarcation as excuses to not do anything about the very real threat of
rising sea levels and ongoing shoreline management issues.<br />
<br />
Ever since I got involved with the public beach access movement a few
years ago, I have experienced firsthand the futility of attempting to
get State or county action on protecting beach rights of way and doing
something about shoreline "creep" by property owners on Oahu, who are
rebuilding oceanfront structures closer to the sea (I can't call them
"homes" because they look more like mini-hotels). I suggest
those"homeowners" (often out-of-state investors) take a good look at
what's happening on the North Shore before they decide to spit in Mother
Nature's face and erect mansions as close as legally possible to the
sea.<br />
<br />
Anyhow, in today's beach erosion article about "regulatory woes" the reporter got some good quotes from <b>Dolan Eversole</b>,
who works for Sea Grant and has done a lot of studies about erosion and
shoreline management options. His suggestion is there should be a
single coastal commission. It would have authority over the shoreline
and coastal waters, and eliminate split jurisdiction. Makes sense,
right? Except the article then goes on to quote various people from the
existing agencies/departments that are currently not doing a very good
job of addressing longstanding problems, and of course, those people say
a coastal commission would be a bad idea because it could add another
layer of bureaucracy. Um, I think they missed the point. THEY are the
added layers that need to be streamlined.<br />
<br />
Okay, I'm not sure if the reporter phrased the question in the wrong
way, or these government employees are simply too dense to understand
the concept -- a coastal commission isn't meant to be an "added" layer
of anything. It would be done to eliminate or consolidate a myriad of
departments, agencies and ad hoc "advisory" groups that have been
meeting for years and years, in order to simplify the regulatory
process. It would create a single office that looks at the big picture
from molasses spills to beach access and whether commercial kayak
operations can be allowed on beaches in Hawaii. But if you broach the
subject with a government lifer, all they will see is a threat to their
individual jobs and benefits. Rarely will you ever hear a government
worker admit their job or department does stuff that is redundant or
could be eliminated to save taxpayer money, while making things more
efficient.<br />
<br />
And this is why we wind up with people who distrust government or say
they want to dismantle Big Government... until their homes are
threatened by beach erosion, commercial development or global climate
change, and all of a sudden those same people are squawking that
government isn't doing enough. The real problem though, is <u>how</u> government does things. They manage from crisis to crisis, instead of coming up with a long-range plan, then sticking to it.<br />
<br />
BTW, in 2009 I asked <b>Rep. Chris Lee </b>to introduce a proposal
for a joint State and counties task force to consider creating a Hawaii
Coastal Commission. At that time, testifying <u>against</u> the proposal before State representatives was <b>Sam Lemmo</b> (DLNR) and <b>Chip Fletcher</b>, a UH researcher who is quoted<a href="http://www.staradvertiser.com/newspremium/20131021__State_proposes_to_change_rules_for_commercial_use_of_oceans.html?id=228596311"> as now saying an "overall agency" to take charge of coastal land use should be "studied."</a>
Apparently they thought the DLNR was doing just fine on its own. When
will all these different factions start connecting the dots, and see
that the ocean and beaches need to be treated as Hawaii's most valuable
resource -- not as some lines on a map or organizational flow chart to
be divvied up among the DLNR, CZM, MACZAC, DPP, EPA, even DOT (yeah, the
molasses spill was the Dept. of Transportation's jurisdiction, believe
it or not), along with each island's county councils and
zoning/planning/parks departments. It's a shame because there are many
well-meaning people trying to do their jobs... except they're like a
bunch of people on a canoe, each paddling in different directions.richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-91152979219577163552013-08-02T15:11:00.002-10:002013-08-02T15:21:10.730-10:00Idiots Building CLOSER to the OceanAs I predicted a couple of years ago, wealthy buyers of oceanfront property on Kailua Beach were going to use Oahu's lax shoreline setback rules as an opportunity to rebuild closer and closer to the sea in order to "leap-frog" other houses that were being rebuilt by people who don't even live in these ugly box-like mini-hotels. All this while there is growing evidence of climate change and melting glaciers, which is contributing to rising sea levels across the planet.<br />
<br />
Don't believe me? I recommend you watch CHASING ICE, a harrowing documentary about a National Geographic photographer who embarked on a difficult mission to photograph what's happening with melting glaciers around the world. Anyone who thought Al Gore was possibly exaggerating the threat in AN INCONVENIENT TRUTH a few years ago should be forced to see this movie. Now. It turns out, no one foresaw that global warming is happening faster than anyone could predict. CHASING ICE is available on Netflix through instant streaming. See it.<br />
<br />
Meanwhile, in Kailua Beach the news media has been preoccupied with major beach erosion that has been going on at the south end towards Lanikai. Yes, that's alarming. The causes aren't clear though, and could be part of a natural cycle. However, what has already been documented is the fact that allowing houses or artificial barriers such as sea walls -- or even vegetation -- to encroach on the shoreline, hastens erosion. We've seen it in Kahala Beach and Lanikai. Now property owners are doing the same thing on the north end of Kailua Beach, but the news media ignores it. Why?<br />
<br />
Simple reason, really: there's no parking near the only public beach access at that end, so reporters and cameramen would have to hike a fair distance to do a story on it. And since the lack of access results in far fewer beach-goers at that end, there's less attention paid to the ongoing desecration of what used to be a stable shoreline because the older homes were built far back enough to allow the natural sand dunes to adjust to natural changes and conditions.<br />
<br />
Here's some photos to show you what's been happening. The first is from a couple of years ago:<br />
<br />
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTj3fcxlR6DJFx1UQ8N3PJerK_TL1mLaXKEefTsScDXJvy10iQiCW8D47wEOxhduz21voKGkBwWUF5JP7ngMG1zEMstoJhCJQpxVJ7n1Qnmd8f2tTONLCqqGFrEFkkkNL7x2UyTujlBzm5/s1600/before+kailua+house.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTj3fcxlR6DJFx1UQ8N3PJerK_TL1mLaXKEefTsScDXJvy10iQiCW8D47wEOxhduz21voKGkBwWUF5JP7ngMG1zEMstoJhCJQpxVJ7n1Qnmd8f2tTONLCqqGFrEFkkkNL7x2UyTujlBzm5/s1600/before+kailua+house.jpg" /></a><br />
<br />
See the newer house on the right? It leapfrogged a newly-rebuilt house to the right of it that is pictured below, and cut off the views of the older house on the left with the "For Sale" sign.<br />
<br />
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQ5L62gpF55F5HSZFinaAeQN05G0rw4f8_ykEfaWZzGf-RF0LeBBrJcqogP3XqceDF2L7xjruadPFRexHTSvHI3Z9P62LYq63AxTedtzCADcrQYVoT2d6oV8bOv4wiGr2k3lej9su1nMc7/s1600/kailua+house+2.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQ5L62gpF55F5HSZFinaAeQN05G0rw4f8_ykEfaWZzGf-RF0LeBBrJcqogP3XqceDF2L7xjruadPFRexHTSvHI3Z9P62LYq63AxTedtzCADcrQYVoT2d6oV8bOv4wiGr2k3lej9su1nMc7/s1600/kailua+house+2.jpg" /></a><span id="goog_1051785169"></span><span id="goog_1051785170"></span><br />
<br />
Flash forward to the present. Remember that older house with the "For Sale" sign? Well, looks like someone bought it and decided turn-about is fair play! And you can probably guess what will happen next: that house to the left of the older one under construction now, will probably be sold to someone who will rebuild right next to the other two... closer to the ocean.<br />
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richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-1697506612419284612013-04-28T10:24:00.000-10:002013-04-28T10:27:09.945-10:00Honolulu Weekly Article: Deja Vu<br />
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The Honolulu Weekly has another dispiriting update on shoreline setbacks and public beach access, related to oceanfront property owners who are using vegetation as a sneaky land grab method... which in effect, is being sanctioned by the State DLNR. As I've written before, because of split jurisdiction between the counties and State, there is no uniformity on building setbacks and zoning requirements to protect what's left of Hawaii's beaches.<br />
<br />
On one hand, I applaud the persistence of Caren Diamond, a Kauai activist for beach access. And hats off to Joan Conrow for her continued reporting on this issue. On the other hand, it sickens me that we have to keep reliving these same battles year after year, decade after decade, while the State's largest -- and only -- daily newspaper and Honolulu TV news media give the subject cursory coverage. They've never really done an in depth series on possible solutions or even options that could address the growing concerns about preserving our shorelines and controlling commercial activities on our beaches, and in our ocean waters. Sigh.<br />
<br />
For what it's worth, here is the link and some excerpts from the Honolulu Weekly piece. Read it and weep...<br />
<br />
<blockquote class="tr_bq">
<h2>
High Tide - A pending Supreme Court case pits public access against wealthy landowners and the State</h2>
<h2>
<span style="font-size: small;"><span style="font-weight: normal;">By Joan Conrow </span></span></h2>
</blockquote>
<blockquote class="tr_bq">
<div class="deck">
<span class="cite">Environment / </span>Caren Diamond thought the
Hawaii Supreme Court had settled the issue when it ruled in her
favor–the public beach extends to the highest seasonal wash of the
waves.<br />
<br />
The landmark case Diamond v. State of Hawaii was supposed to
put a stop to the State’s use of planted vegetation to determine the
shoreline, which becomes the starting line for a building setback. The
practice tends to favor the landowner, especially when the plants have
been cultivated.<br />
<br />
But when the State continued to set shorelines that weren’t based on
the highest wash of the waves, “We went back to the Supreme Court,” said
Diamond, who lives on the North Shore of Kauai, not far from the
coastline she has fought for decades to protect. The high court held
oral arguments on April 4 and has not issued a decision.<br />
<br />
Diamond is again challenging how the State Department of Land and
Natural Resources (DLNR) sets the shoreline. This time she’s contesting
its “single-year snapshot” approach, in which the state surveyor is
guided solely by what’s visible the day of the site visit, even if
historical photographs indicate differently.<br />
<br />
“If there’s no history, then there’s no future,” Diamond said. “By
manipulating the vegetation, landowners gain control, use and ownership
of what rightfully are public trust resources.”</div>
</blockquote>
<blockquote class="tr_bq">
<div class="deck">
<h3>
Stealing beauty</h3>
The case was brought by Kauai attorney Harold Bronstein on behalf of
Diamond and Beau Blair, who have long argued that landowners are
manipulating the shoreline by intentionally cultivating and irrigating
naupaka and other vegetation, which impede the highest wash and hide the
debris line. In this particular case, the State’s own survey had
initially set the shoreline 20 feet farther mauka...</div>
</blockquote>
To read the rest of the article, <a href="http://Environment / Caren Diamond thought the Hawaii Supreme Court had settled the issue when it ruled in her favor–the public beach extends to the highest seasonal wash of the waves. The landmark case Diamond v. State of Hawaii was supposed to put a stop to the State’s use of planted vegetation to determine the shoreline, which becomes the starting line for a building setback. The practice tends to favor the landowner, especially when the plants have been cultivated. But when the State continued to set shorelines that weren’t based on the highest wash of the waves, “We went back to the Supreme Court,” said Diamond, who lives on the North Shore of Kauai, not far from the coastline she has fought for decades to protect. The high court held oral arguments on April 4 and has not issued a decision. Diamond is again challenging how the State Department of Land and Natural Resources (DLNR) sets the shoreline. This time she’s contesting its “single-year snapshot” approach, in which the state surveyor is guided solely by what’s visible the day of the site visit, even if historical photographs indicate differently. “If there’s no history, then there’s no future,” Diamond said. “By manipulating the vegetation, landowners gain control, use and ownership of what rightfully are public trust resources.” Stealing beauty The case was brought by Kauai attorney Harold Bronstein on behalf of Diamond and Beau Blair, who have long argued that landowners are manipulating the shoreline by intentionally cultivating and irrigating naupaka and other vegetation, which impede the highest wash and hide the debris line. In this particular case, the State’s own survey had initially set the shoreline 20 feet farther mauka." target="_blank">click here</a>. <br />
<blockquote class="tr_bq">
<div class="deck">
</div>
</blockquote>
richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-31070594422825113272013-03-21T13:08:00.000-10:002013-03-21T13:08:54.916-10:00Lepeuli, Kauai UpdateRichard Spacer sent a link to his commentary posted on the Hawaii Reporter website about the current situation at Lepeuli, Kauai -- also known as Larsen's Beach. He wrote a guest blog for Beach Access Hawaii back in August 2011, which you can read by <a href="http://beachaccesshawaii.blogspot.com/2011/08/guest-blogger-kauai-beach-access.html" target="_blank">clicking here</a>.<br />
<br />
Since then, he's continued to fight for public access, going through State DLNR and county channels. The upshot of his efforts is that he needs a land surveyor to help him with Boundary Identification. So if you know an honest, affordable surveyor who is willing to go to Kauai, please contact Richard at <a href="mailto:rspacer@yahoo.com">rspacer@yahoo.com</a>.<br />
<br />
To read his entire Hawaii Reporter piece, <a href="http://www.hawaiireporter.com/lepeuli-kauai-trails-and-tribulations/123" target="_blank">click here</a>. Below are some excerpts: <br />
<br />
<blockquote class="tr_bq">
<b>... Fast forward to 2009 at Lepeuli, Kauai where a cattle rancher named
Bruce Laymon applies for state and county permits for his beef cattle
ranch company called Paradise Ranch. Laymon, beneficiary of a highly
questionable Hawaii sweetheart deal system known as "after-the- fact"
permitting, applied for these permits after the public informed land
regulators that he was clearing brush mauka of the public beach there
without a permit. The beach, commonly known as Larsen's Beach, is a
healthy breeding ground to federally endangered Hawaiian Monk Seals and
green sea turtles... The beach
never really gets busy, 20 people all day is typical... The property to which Laymon has an
exclusive lease is 541 acres in size owned by Waioli Corporation, a
non-profit public charity. It was purchased by Abner Wilcox, a
missionary teacher, from Kamehameha III in 1850.</b> </blockquote>
<blockquote class="tr_bq">
<b>Laymon has an air of entitlement to the property. In March of 2010,
while clearing vegetation with a brush hog in violation of his permit,
Laymon told beachgoers he was going to run the f-----g haoles out of
there. How is someone going to RUN the public off a public beach? That
is invasion of privacy, harrassment, and terroristic threatening. Those
are all crimes for which the perpetrator can and should be arrested. It
is also hate speech, stating he will run out an entire class of persons
based on their race. A complaint was made to the FBI, the Kauai Police,
and the former Kauai Prosecuting Attorney. No arrests were made...</b><br />
<br />
<b>The most contentious part of Laymon's permit applications was his
intent to fence off the lateral, coastal trail at Lepeuli, that many
believe is an ancient, historic, ala loa trail. This trail runs from
ahupua'a to ahupua'a parallel to the shore. It is clearly depicted on
1833 and 1878 Registered Maps on file with the State Surveyor. Laymon,
his attorney, and landowner Waioli Corporation dismiss the existence of
the trail on their property.</b> </blockquote>
<blockquote class="tr_bq">
<b>Laymon's state Conservation District Use Permit allowed him to fence
110 feet mauka of the shoreline, inside the state Conservation District
regulated by DLNR. The State of Hawaii claims a trail in fee simple in
Lepeuli and this is stated in letters from 2000, 2011, and 2012. The
2012 letter is from the Attorney General to the Kauai Na Ala Hele Trail
Advisory Council. It states that there is a trail in Lepeuli the State
owns, but the State does not know exactly where it is, and they are not
going to do anything about the trail. The State Historic Preservation
Division of DLNR asked to enter the property to survey where the trail
was, and landowner Waioli Corporation denied permission. That is why the
State says they don't know the location of the trail, but everyone else
does. Native Hawaiian sworn declarations are on file stating they or
their family members walked the trail to fish and gather limu. Likewise,
Patricia Hanwright in the adjoining ahupua'a of Kaakaaniu, denied
permission to enter. Hanwright is united with Waioli Corporation in the
position there is no trail on the properties. Since the State still
claims the trail it owns, and the Highways Act says such trails are
forever public, one would think raising this objection to the land
regulators would end the matter. Perhaps on the mainland, but alas,
there is no Highways Act on the mainland...</b><br />
<br />
<b>In May 2011 Laymon installed fencing across the lateral, coastal
trail in violation of the county SMA permit. A public trail that was
open for hundreds of years was suddenly closed. The state and county
failed to protect the public trust and allowed private entities to take
over public property that belongs to all the residents and taxpayers.
How do public servants we all pay allow this to happen?</b> </blockquote>
<blockquote class="tr_bq">
<b>In June 2011 I appeared before the Kauai County Planning Commission
where a petition I submitted was heard. I submitted a petition for An
Order to Show Cause and requested the commission find Laymon in
violation of the condition of his county SMA permit that forbade closing
of the trail and order the fencing removed and impose fines. A memo
from DLNR Chairperson William Aila was received the day before by the
commission and planning department stating that the State can claim
roads and trails in land-courted property...</b><br />
<br />
<b>At about the same time the State Land Use Commission issued a
Boundary Interpretation for Lepeuli. This document was created by
utilizing the map submitted by Paradise Ranch to Kauai County Planning
and DLNR. The LUC drew on it their belief of where the boundary between
the state Conservation District and state Agricultural District is. Why
is that important? Because Laymon, with the backing of Les Milnes in the
Kauai County Planning Department, stated the May 2011 fencing is legal,
as it is totally inside the state Agricultural District, and OUT of the
state Conservation District, where Laymon no longer has permission to
work. Of course, Milnes is ignoring the county SMA permit condition
saying the trail cannot be blocked.</b> </blockquote>
<blockquote class="tr_bq">
<b>Laymon's surveyor, Alan Hiranaka, depicted the lateral, coastal
trail, and the fencing that blocks it, entirely outside the state
Conservation District. Community members with GPS devices disagree,
opining that part of the fence is clearly inside the state Conservation
District, and all of it that blocks the trail. The LUC feels the same
way, their line is considerably more mauka of where Hiranaka placed the
line. According to the LUC, the lateral, coastal trail is entirely
inside the state Conservation District.</b> </blockquote>
<blockquote class="tr_bq">
<b>When the attorney for Waioli Corporation, Don Wilson, learned the
Boundary Interpretation was issued, he rhetorically asked if it was
accompanied by a current shoreline certification survey. It was not, as
the Boundary Interpretation was requested by the Kauai Sierra Club, not
the landowner, and the landowner did not have any such survey done, nor
would they. The Land Use Commission rescinded the interpretation. The
rules for shoreline certification surveys state only the landowner or
authorized representative can request a shoreline certification survey...</b><br />
<br />
<b>During the summer of 2012 several sections of the fence came down,
allowing access again. Beachgoers used the lateral, coastal trail as
they always did. Toddlers, mothers with baby carriages, the elderly,
bike riders, even someone on crutches. For months there was no response
from Laymon.</b> </blockquote>
<blockquote class="tr_bq">
<b>On December 1, 2012 Laymon re-built the fence, this time extending it
dramatically to enclose a two acre area the Kauai Planning department
permitted as a "Seabird Protection Area". Thomas Kai'akapu of the DLNR
Division of Forestry and Wildlife office in Lihue provided consultation.
The same planning department that said the lateral, coastal trail could
not be blocked in the SMA permit valid "forever", now grants permission
for fencing that blocks the trail in not one, but two places! Of
course, the only purpose of the fencing is to keep people off the trail.
The seabird protection area is the latest scam to propagate this desire
of Laymon and his landlord.</b> </blockquote>
<blockquote class="tr_bq">
<b>On December 1, 2012 while Laymon was re-building the fence, the Kauai
Police Department had three officers there, in an apparent show of
solidarity with Laymon. They arrested a 68 year old homeless camper
named James Decker aka "Catman"on Waioli property.</b> </blockquote>
<blockquote class="tr_bq">
<b>Beachgoers leaving Larsen's Beach the afternoon of December 1 noticed
multiple pick up trucks in the cattle pasture with guys standing on the
beds with long-armed guns (rifles or shotguns) in view of the beach
access road. One beachgoer spoke with one of the guys who showed him a
dead pig he said he just killed. So this show of guns to hunt pigs on
the same day Laymon re-builds the fence is a coincidence? One "hunter"
was even parked on the county beach access road with his weapon clearly
visible. This apparently was a show of force meant to say "This is mine,
public keep out!" Instead of stopping Laymon from violating his SMA
permit a for second time, the Kauai Police stood by making sure no one
interfered. They also did nothing about all the guns in plain view of
the public. The public did not feel safe using this public property
resource, the beach. I filed a complaint with the Kauai Police
Commission regarding the KPD actions of December 1. The commission
ruled that my complaint that the KPD stood by while a violation took
place was unfounded.</b> </blockquote>
<blockquote class="tr_bq">
<b>I am actively interviewing surveyors and attorneys for resolving this
issue in the interest of the public. If you would like to help with
your professional services, please contact me, Richard Spacer, at <a href="mailto:rspacer@yahoo.com">rspacer@yahoo.com</a></b></blockquote>
<br />
<br />
<br />
richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-42274198151969799652013-03-04T06:50:00.001-10:002013-03-04T06:50:53.133-10:00Papaikou Trail Commentary<div class="ajy">
<img alt="" class="ajz" data-tooltip="Show details" id=":i" role="button" src="https://mail.google.com/mail/u/0/images/cleardot.gif" tabindex="0" /></div>
<b>NOTE:</b> <i>Thanks to the anonymous commenter who sent the response below to an earlier post about the debate over Big Island beach access at the Papaikou trail</i>.<br />
<br /><b>From Papa'ikou Resident:</b><br />
<br />
I live in Papa'ikou, and personally know both these owners and some of the protestors. <br /><br />Yes,
the public access point is extremely close to the owner's house. The
owners also have an issue with people making beach fires, from which the
smoke goes in their house.<br /><br />Both side have valid points in this
issue. It should also be noted that the owners did transform this
access into an easy to use trail at their own expense, which is was not
before.<br /><br />I doubt that Steve Shropshire would approve the alternate
trail. Charlene Prickett adamantly opposed his development proposal,
so not sure that he is motivated to help her. That said, I don't know
his mind, although I believe he would like to earn good will from the
public so that he can get some new variation of development approved for
his land.<br /><br />I also do not think the eminent domain acquisition
will ever get though the process (and I have some reason to think that,
but I'm not able to attribute a quote on this).<br /><br />Ultimately, I
hope the landowners and the public will find a way to meet on this. The
public in this area are passionate about this access. It should be
noted that there IS access from dawn to dusk, but the night access for
fishermen is not resolved as far as I know.<br /><br />The issue in Papa'ikou also
involves a dispute over who owns the Mill Road, which is lined with
homes deeded by the sugar company to its workers. The mill included the
road in its sale to Waugh and Prickett, but the former employees say
they were given an undivided interest in the road decades ago.<br /><br />There
really is no parking and no place to create any. There is not even
parking for the residents as long as the owners maintain they own the
road.<br /><br />One possible solution is if the owners of Pinky's store
agree to allow some parking on their private lot, which they might do,
but I don't know if it would only be for local users.<br />
<br />
*********<br />
<br />
<i>Any other Big Island residents who want to weigh in? Please keep us posted on developments or news related to this case! Mahalo. </i>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-50813093581430943812012-12-22T08:42:00.000-10:002012-12-22T08:52:20.458-10:00Oahu Beach Access Map OnlineMerry Christmas! Just got a Google alert that linked to an article in Hawaii Magazine about a new online map of Oahu's public beach rights of way... <br />
<div class="entryheader">
<h1>
New map locates scores of public access points for Oahu beaches, shorelines</h1>
<span class="postinfo">by: <a href="mailto:maureeno@hawaiimagazine.com">Maureen O'Connell</a></span><br />
<span class="postinfo">posted: Wed Dec 12, 2012 at 02:57 PM</span>
</div>
<br />
<img align="right" alt="Hawaii_Oahu_beach_access" src="http://www.hawaiimagazine.com/images/content/Hawaii_Oahu_beach_access/Baccess1.jpg" style="height: 217px; margin-right: 8px; width: 279px;" title="Hawaii_Oahu_beach_access" />While
signs for Waikiki and other iconic Oahu beach areas can be hard to
miss, there are scores of shoreline public access points around the
island that can be a bit tricky to find. <br />
<br />
A new easy-to-use map-based website pinpoints public access spots to Oahu beach areas.<a href="http://cchnl.maps.arcgis.com/apps/OnePane/gpx/index.html?appid=0389a0d1ba8642af8f82832d0d25fdc0&webmap=bb2692cf44564637b072fcac2a1bf095" target="_blank"> </a><a href="http://cchnl.maps.arcgis.com/apps/OnePane/gpx/index.html?appid=0389a0d1ba8642af8f82832d0d25fdc0&webmap=bb2692cf44564637b072fcac2a1bf095" target="_blank">Click here</a><a href="http://cchnl.maps.arcgis.com/apps/OnePane/gpx/index.html?appid=0389a0d1ba8642af8f82832d0d25fdc0&webmap=bb2692cf44564637b072fcac2a1bf095" target="_blank"></a> to check out the map, which also provides information about the
shoreline type (sandy, rocky, or cliff, for example) and access surface
area (grass, sand, dirt, etc.). <br />
<br />
The State of Hawaii Department
of Land and Natural Resources and the Office of Planning have worked
collaboratively with the City and County of Honolulu and NOAA (National
Oceanic and Atmospheric Administration) Fisheries to review and update
information defining Oahu’s public access.<br />
<br />
In a news release
issued this week, Honolulu Mayor Peter Carlisle said: “This
comprehensive list and map of public shoreline access points are
valuable resources for local fishermen, residents, and visitors.” He
added, “This is an excellent example of multiple government agencies
working together to develop easily accessible information that benefits
all.”<br />
<br />
The city Department of Planning and Permitting along with
the state Office of Planning will coordinate with other relevant
agencies to keep the information up-to-date.<br />
<br />
For more information about public access to beaches throughout Hawaii, <a href="http://seagrant.soest.hawaii.edu/public-access-rights" target="_blank">click here</a><a href="http://seagrant.soest.hawaii.edu/public-access-rights" target="_blank">. </a>And for ocean <a href="http://www1.honolulu.gov/esd/oceansafety/index.htm" target="_blank">safety information, </a><a href="http://www1.honolulu.gov/esd/oceansafety/index.htm" target="_blank">click here</a>.<br />
--------<br />
<br />
Note: I checked out the Sea Grant link for more info about beach access, and it does not tell you that the county "policies" are NOT enforceable laws... they are merely guidelines, according to the County of Honolulu's attorneys. Otherwise, there would be public BROWs at least every quarter mile in "urban" areas and every half mile in "rural" areas -- and that is still clearly not the case.<br />
<br />richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-16230654722036877082012-10-15T12:25:00.003-10:002012-10-15T12:28:39.215-10:00Big Island Access BattleI'm not personally familiar with all the details of the Papaikou Mill Beach access debate on the Big Island, but it boils down to this: should the County exercise its power of eminent domain or is there a less invasive way to resolve the situation?<br />
<br />
I dislike using government to "take" private land, even if it's for the public good, because it creates ill will between the haves and have-nots and turns a question of beach access into allegations of class warfare.Yet if there were incentives for the private land owner to grant an easement -- say, a residential tax break -- perhaps the owners could find it in their hearts to allow the public to use that path within certain hours. I could be wrong, but it doesn't sound like the path is close to the owners' residence. Anyone out there know?<br />
<br />
Here's the <a href="http://hawaiitribune-herald.com/sections/news/local-news/papaikou-trail-owners-propose-alternate-route-beach.html" target="_blank">link to the Hawaii Tribune-Herald article</a> and some excerpts from the story that ran last week:<br />
<br />
<blockquote class="tr_bq">
<h1 class="entry-title title">
Papaikou trail owners propose alternate route to beach</h1>
By TOM CALLIS, Tribune-Herald staff writer<br />
<br />
<i>The owners of the only trail to Papaikou Mill Beach have made an offer that may be hard for Hawaii County to refuse. Jim
Waugh and Charlene Prickett told the County Council on Wednesday during
a tour of their property that they’d build a new trail for the public
themselves, expenses included, to prevent the taking of the current
route through eminent domain. </i></blockquote>
<blockquote class="tr_bq">
<i>The only problem: it would relocate the trailhead to private land they don’t own. And their neighbor isn’t too happy about it. “This
is brand new to me that we’re offering our road,” said Steve
Shropshire, who owns the land and road that would provide the starting
point for a new trail, during the tour. “A phone call would have been
nice.” </i></blockquote>
<blockquote class="tr_bq">
<i>Charlene Prickett responded by telling him that the proposal would require their support.</i><br />
<i>Shropshire
told the Tribune-Herald he isn’t inclined to offer his property, which
he would like to redevelop as an “agricultural village,” adding he
believes the current trail should remain in use. “I support the current resolution,” he said, referring the proposed eminent domain action, “as it is currently written.” </i></blockquote>
<blockquote class="tr_bq">
<i>Still,
Shropshire said any future development of the property, now used for
agriculture, would include public beach access. Asked why he would
oppose access through the land now, he said he doesn’t want to make any
changes to the property before the area’s community development plan is
finished. </i></blockquote>
<blockquote class="tr_bq">
<i>The county is considering purchasing the existing trail
and a private road through eminent domain in order to settle dispute
over access between beachgoers, frustrated with some restrictions, and
the owners...</i></blockquote>
richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com2tag:blogger.com,1999:blog-499536170419846625.post-15020746407354305632012-08-20T07:34:00.000-10:002012-08-20T07:34:38.466-10:00Oahu Beach Access Online... Sort ofThe Honolulu Star-Advertiser "Kokua Line" column reported this item regarding Beach Rights of Way (BROWs) on Aug.20:<br />
<br />
<blockquote class="tr_bq">
<b><i>The city Department of Parks and Recreation has posted an updated list of its BROWS -- beach rights of ways -- on its website, <a href="http://www1.honolulu.gov/parks/index1.htm">is.gd/0VyT47</a>.</i></b> <br />
<div class="storytext article-important">
<b><i></i></b></div>
</blockquote>
<blockquote class="tr_bq">
<b><i>However, the list of 87 sites,
which are tied to the city's beach access areas where Emergency Response
Locator signs are posted, give only a general location. For example,
134-C (Kahala Avenue at Elepaio Street) and 87-B (Kaimalino Street). In
many cases there is no designated street address for the rights of way.</i></b> </blockquote>
<blockquote class="tr_bq">
<div class="storytext article-important">
<b><i>Another four locations recently identified as rights of way are awaiting signs.</i></b></div>
<b><i>Among them is "Ko Olina Lagoon
and Roadway Easement," which a parks official said has been confirmed
with the city Department of Land Utilization as a designated easement
area going back to 1995. But the exact locations there -- one or more --
still have to be identified. Once that happens, signs will be made and
posted, the official said.</i></b> </blockquote>
<blockquote class="tr_bq">
<b><i>Public access to the manmade
lagoons at Ko Olina has been a sore point within the community for years
(see is.gd/2vFyx2). It's not yet clear what the newly identified public
rights of way there mean.</i></b> </blockquote>
<blockquote class="tr_bq">
<div class="storytext article-important">
<b><i>Once all 91 locations have been
identified by the Ocean Safety and Lifeguard Services Division and signs
made and posted by the parks department, they will be linked to locator
maps. At that point the online list will be updated, allowing people to
click on maps to see the exact location. There's no target date for when that will happen.</i></b></div>
</blockquote>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
So I click on the <a href="http://www1.honolulu.gov/parks/index1.htm" target="_blank">website link</a> and scrolled down to the <b>Frequently Asked Questions</b> section: <i>Where can I find the City and County of Honolulu Beach Rights-of-way?</i></div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
The problem though is if you click on that you will get a downloadable file (Excel spreadsheet) instead of any kind of useful map as noted above. Sigh. Really, is it that difficult for someone in the City Dept. of Parks and Recreation to transpose the information to a map? What is taking them so long to do this simple project?</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
<span class="Apple-style-span" style="-webkit-text-decorations-in-effect: none; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; background-color: white; color: black; font: medium Arial; letter-spacing: normal; orphans: 2; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px;"><br /></span></div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
<span class="Apple-style-span" style="-webkit-text-decorations-in-effect: none; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; background-color: white; color: black; font: medium Arial; letter-spacing: normal; orphans: 2; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px;"><span style="font-family: Arial; font-size: x-small;"> </span></span> </div>
richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com1tag:blogger.com,1999:blog-499536170419846625.post-517542666112113062012-07-09T09:50:00.000-10:002012-07-09T09:50:53.790-10:00Honolulu Weekly Coverage<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjvmO4n_9RwcCML0lauYyv2aoWYHMfh4Ddv7CJWz8cuxNFTdZxRCSAonoFvD3VOa1YHrSmbTPYsXniHpV8itGdD9Dr_hjKpvLMT3vS7Ko1KmfgRzNaNbwt9N96qUVjH3mw8lLmk9Mal_iPe/s1600/Weekly+cover.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="400" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjvmO4n_9RwcCML0lauYyv2aoWYHMfh4Ddv7CJWz8cuxNFTdZxRCSAonoFvD3VOa1YHrSmbTPYsXniHpV8itGdD9Dr_hjKpvLMT3vS7Ko1KmfgRzNaNbwt9N96qUVjH3mw8lLmk9Mal_iPe/s400/Weekly+cover.jpg" width="261" /></a></div>
A couple of weeks ago, I spent about an hour on the phone with Kauai writer Joan Conrow, who was working on an article about beach access problems in Hawaii. Her cover story for the <b>Honolulu Weekly</b> just came out, and does a very good job of presenting some of the issues. But it's impossible to discuss in detail just how complicated and difficult it is to get any real change in our laws in one magazine article. You'd need a book to do that.<br />
<br />
That's because beach access involves state, county and even federal agencies that each oversee certain aspects of shoreline management -- while no single body has authority to make and enforce comprehensive policies to protect the public's interest.<br />
<br />
It's all done piecemeal in typical bureaucratic crisis-management style: stuff only gets done after a major catastrophe occurs or a big lawsuit gets settled.<br />
<br />
Anyhow, the article is worth reading in its entirety. <a href="http://honoluluweekly.com/cover/2012/07/beach-barriers/" target="_blank">Here's the link:</a> http://honoluluweekly.com/cover/2012/07/beach-barriers/ <br />
<br />
Speaking of beach vegetation, below is a photo of Kailua Beach where naupaka has spread over hundreds and hundreds of yards. In some cases, the property owners have been watering the naupaka so that they can extend their property boundaries and keep people away from their homes. I find it ironic and funny that they claim one reason they have locked gates on their beach side lanes is they want "privacy".... and then they install gigantic picture windows that allow anyone on the beach to look into their ostentatious mansions!<br />
<br />
<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgwq_PncmGs7LUYR5Zj0SC6mffP-HvOIiC89j2w9rbd3ZPUX-ujoVQcrmsHe0c6TtLm10oAEvMFgv55TEbkLCdO4uSawHKrN6PpvY56CXmRHsq8BooymORqXyyFYQgSC80Aui5gclfJbsHQ/s1600/beach+veg.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="345" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgwq_PncmGs7LUYR5Zj0SC6mffP-HvOIiC89j2w9rbd3ZPUX-ujoVQcrmsHe0c6TtLm10oAEvMFgv55TEbkLCdO4uSawHKrN6PpvY56CXmRHsq8BooymORqXyyFYQgSC80Aui5gclfJbsHQ/s640/beach+veg.jpg" width="640" /></a></div>
<br />richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com1tag:blogger.com,1999:blog-499536170419846625.post-69711875027075055592012-06-29T08:50:00.000-10:002012-06-29T08:50:10.834-10:00Updates on Oahu Access IssuesThe Honolulu Star-Advertiser ran a "Kokua Line" column today that answered questions about trash cans disappearing from Lanikai beach access paths, and the city's plan to post an online reference source for Oahu beach rights of way. (For Mainland readers, "kokua" is the Hawaiian word for help.)<br />
<br />
On the former, turns out the city discovered it had been collecting garbage on "private" easements and decided to discontinue that service. Sheesh. Talk about dumb, shortsighted policies. By taking away the trash cans, the city is giving people an excuse to drop garbage and litter on those beach paths rather than carrying it to another public access trash can. That in turn will cause residents who live next to the private easements to say they want to put up gates on those paths that are currently open to the public because they're sick of picking up garbage!<br />
<br />
Furthermore, the city already picks up residential trash on PRIVATE beachside lanes, so why can't they continue to provide that service on beach easements?<br />
<br />
As for the online listing of public rights of way, the Department of Parks and Recreation says it has been delayed due to complications related to longitudes and latitudes in their database. Huh? What the heck are they doing? All we need is a simple map that shows where the public accesses are located! How difficult can that be? Instead, in typical government bureaucratic fashion, they make it a lot harder than it has to be.<br />
<br />
Meanwhile, in the private sector, the same column says: "A book called "Oahu Beach Access -- A Guide to Oahu's Beaches Through
the Public Rights of Way," was recently published. We'll find out
about it from co-authors Katherine Garner and Carol Kettner and pass on
the information in a future column."<br />
<br />
No idea if there will be an online version. The authors had contacted me to request using "Beach Access Hawaii" as their book title, which was fine with me -- but I pointed out that they'd get more online search hits if they made it "Hawaii beach access" or "Oahu beach access" since that is the way most people would Google for info.<br />
<br />
Here's the complete column from the Star-Advertiser:<br />
<blockquote class="tr_bq">
<div class="storytext article-important">
<strong>Question:</strong> <i>Why
has the city stopped trash collection at Lanikai beach accesses? I was
in Lanikai recently and wanted to throw away some trash and found a
sign at the beach access at Haokea Drive and Mokulua Drive that stated
the city would no longer maintain and pick up trash. There was no
trash can and the sign said I would have to carry out any trash I had.
I've lived in Kailua for almost 60 years and there have always
been trash cans at these beach accesses.</i></div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
<strong>Answer: </strong>It
turns out that the city maintains only three of the beach rights of way
in Lanikai and had inadvertently been placing trash cans on private
access ways. The other rights of way,
including at Haokea and Mokulua, are maintained by the Lanikai Community
Association, said Miles Hazama, Windward Oahu district manager for
the city Department of Parks and Recreation.</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
The inadvertent service was
discovered late last year, after the department contracted a private
company to maintain its rights of way. "At that time, we discovered
that the city's trash receptacles were also placed at the Lanikai
Association's private (rights of way)," Hazama said. "Since city
resources cannot be used to maintain private property, we removed the
city trash receptacles."</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
After that was done, he said the
Lanikai Community Association placed signs at its access ways saying:
"Please take all trash with you. No trash service at this beach
access. City of Hono lulu will no longer pick up your trash from this
area. Dumping trash at this location is a health hazard. Please keep
our beaches clean. Mahalo."</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
Hazama said the city's rights of ways, identified by blue signs and yellow emergency numbers, continue to have trash cans.</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
<strong>Beach Rights of Way</strong></div>
<div class="storytext article-important">
We were told in February
(http://is.gd/M9lDbJ) that the Department of Parks and Recreation would
be posting a list of more than 80 public beach rights of way on its
website. Turns out that was easier said than done.</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
"We're working on it
diligently," a parks official told us this week. But, he could not yet
give a date by which the list would be posted. The problem is a database that
relies on latitudes and longitudes and general descriptions, which "is
not user friendly at all."</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
"It's a work in process," the
official said. "We're trying to come up with something that's user
friendly and will provide people with the information that they are
looking for in a helpful way. It's going to take us a little longer to
put this thing together."</div>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
The list is tied to the city's
beach rights of way where signs were posted to help direct emergency
responders to people in distress. The plan is to post addresses, the identification numbers used by emergency responders, as well as general information.</div>
</blockquote>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com1tag:blogger.com,1999:blog-499536170419846625.post-27537340372697644022012-05-08T11:18:00.001-10:002012-05-08T11:28:35.013-10:00Beach Erosion is RealFor the past two years, I've been writing in this blog about the need to establish better shoreline setback requirements on Oahu because there was evidence that wherever homes are allowed to be built closer to the ocean, erosion of beaches happens at a faster rate. This week studies were released that confirmed what I and others have been warning about.<br />
<br />
However, it's not just sea walls and homeowners purposely growing plants like naupaka to grab more beach land that is causing our beaches to erode. Some of it can be linked to rising sea levels and climate change. Whatever the cause, it seems the best antidote is for our State and county government officials to establish stronger setback rule. There should be none of this nonsense about allowing current homeowners to rebuild CLOSER to the beach as is the case in Kailua at the moment. In the past two years, I've seen at least a half dozen houses that were demolished, then built from the ground floor up as close to the ocean as legally possible.<br />
<br />
Here's links to stories that go into more detail about the study:<br />
<br />
<a href="http://www.staradvertiser.com/newspremium/20120508_Erosion_taking_a_big_bite_out__of_isle_beaches.html" target="_blank">Honolulu Star-Advertiser article</a><br />
<br />
<a href="http://www.kitv.com/news/hawaii/Study-70-percent-of-beaches-on-Oahu-Maui-and-Kauai-undergoing-long-term-erosion/-/8905354/12726322/-/item/1/-/dda483/-/index.html" target="_blank">KITV News Report</a><br />
<br />
<a href="http://pubs.usgs.gov/of/2011/1009/" target="_blank">USGS Study</a>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-55038142869633520952012-04-16T16:11:00.001-10:002012-04-16T16:23:48.066-10:00Reward for Graffiti ArrestsOne of the excuses for putting up gates on "private" beach access paths is that locals and visitors will vandalize property if they are allowed on those streets... and unfortunately, those homeowners have a case when idiots -- mostly kids -- tag walls and fences with ugly graffiti. It ruins things for responsible neighbors who are respectful of others.<br />
<br />
However, I'm sure there are people out there who know the identity of these taggers. I mean, that's the whole point of "tagging," isn't it? These morons have an infantile need to put their self-chosen name or crude logo on signs, walls, fences, whatever. Then they photograph their tags and crappy spray-painted messes, and post them on different photo sharing sites or YouTube. I'm not going to call what they do "art," because there is no real skill or evidence of talent evident in that kind of tagging. <br />
<br />
I'm also willing to put my money where my mouth is. On the public beach access next to Kailuana Place in Kailua, taggers who go by "Slush" and "ET" left their mark on the neighbors' fences and walls. It appears Slush and ET could be young girls, judging from their writing "style" if you can call it that. If you live in Kailua and have kids, ask them if they know who is Slush or ET. Send me whatever info you have by email <richfigel@gmail.com> and if it leads to an arrest, I will send you a check from Beach Access Hawaii for $200. It's not much, but if we can stop these idiots from defacing more property, it will be a start.</richfigel@gmail.com><br />
<br />
<richfigel@gmail.com>Sorry for the long absence between posts. This has been another do-nothing State Legislative session as far as public beach access... or pretty much anything else for that matter. Under Hawaii's bicameral system, even bills that have popular support will get all the way to the end, only to be tabled because of lack of funding or lack of political will to change the status quo. About the only way you can change anything is by going to court and filing a lawsuit against the State or county. And so it goes... </richfigel@gmail.com>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-73462755700459643842012-02-08T10:01:00.002-10:002012-02-08T10:09:26.989-10:00Back from Australia...During my two-week vacation trip to Australia, which I blogged about in the Honolulu Star-Advertiser <a href="http://careerchangers.staradvertiserblogs.com/2012/02/03/aussie-adventures-part-1/" target="_blank">(click for link)</a> and my Career Changers TV-related site, <a href="http://squashedgecko.wordpress.com/2012/02/06/design-inspiration/" target="_blank">Squashed Gecko</a>, I received two emails that show beach access is still a confusing problem in Hawaii.<br />
<br />
The first email came from <b>June Watanabe</b>, the long-time Kokua Line columnist for the daily newspaper here:<br />
<br />
<b><i>Someone sent me a question about beach access, as follows: Is there a way to find a map or list of all the beach access sites on Oahu or at least the North Shore? I recently was going to check out a fishing site I've been to a couple of years ago and found that the path I used before was blocked and had a sign that basically said that it was private property and not to trespass. This path is in between two homes with fences on each side; so, I found it hard to believe that it was not a public beach access point especially since there weren't any access points due to all the homes on this street.</i></b><br />
<br />
<b><i>I've asked the city Department of Planning and Permitting if it has anything but haven't yet gotten a response. However, I recall someone saying a few years ago that there was no such map or information.</i></b><br />
<br />
The answer is yes, there has to be a list because the city/county unveiled a 911 emergency locator sign system a couple of years ago that was linked to the 80-some public beach rights of way on Oahu. Each sign was posted near the access with an assigned number. I'm also sure the Dept. of Land and Natural Resources has a map of the public accesses as well.<br />
<br />
However, June tried contacting both the county and state to get the official info from them... and all she got was a runaround. A month later, she's still waiting for answers. Welcome to the world of government bureaucracy and inefficiency! I've said repeatedly the main problem is the split jurisdiction of shoreline management between the state and the counties, which uses the high water mark (or vegetation line -- it's confusing) as the line of demarcation. So neither takes responsibility for providing info to the public on things like beach access.<br />
<br />
I also suggested June contact <b>NOAA</b> because I knew they have been working on a project to survey and catalog the public shoreline access points throughout Oahu. Ostensibly, it was meant to be a tool for fishermen and boaters, I believe. But they soon realized that others could benefit from their project since no such map was readily available to the general public. June says NOAA is nearing completion and will let us know when that survey and map are posted online.<br />
<br />
As to the reader's question about the path being between two homes with fences on both sides and no other access points on that street... well, THAT is the problem throughout the islands! What he encountered is hardly new or unusual. Usually, that strip is an easement on "private" property owned by an association or the people who are flanking that piece of land. It can even connect with a public street and still be considered "private" property. <br />
<br />
The other email I received while I was Down Under came from <b>Scott Werny</b>, former co-chair of the <b>Oahu Surfrider Foundation</b>, who was instrumental in launching Beach Access Hawaii as well. He forwarded this message and asked if I could clarify the situation:<br />
<br />
<b><i>Aloha,<br />This morning my family and I were told to move from the area of the beach by a Turtle Bay employee. He claimed it was "the law" and when asked if it was a public beach, he stated only to the water mark. I escalated the issue to clarify where the water mark was & where the public beach began. So far the water line is vague. It would seem logical that if Turtle Bay makes people move, they should clearly point to where the public area is.<br /><br />Reviewing the Hawaii Supreme Court 2006 decision, it appears the vegetation line (more mauka) is preferred over competing debris line. This point was not acknowledged, and a 2001 date was referred to by the security director. 2001 predates the 2006 decision, and would be void.<br /><br />All I'm really trying to determine is where the public has a right to be without being hassled. Would you know who I should contact?<br /><br />Sincerely,<br />Jeanne Roberts</i></b><br />
<br />
First, it really sucks a Turtle Bay Resort employee would ask them to leave unless they were bothering someone. Not good PR. Technically, he was wrong anyway. It's not the visible water mark, as far as I know. It's based on the high water line I believe. Regardless, the bottom line is Hawaii's beaches are open to the public... however, he <u>could</u> have challenged them on access to that beach if they had to cross private property to reach it.<br />
<br />
My advice to Jeanne and others in the North Shore area who encounter this kind of attitude at Turtle Bay is to tell others of their negative experiences at the resort, and spread negative publicity about the Turtle Bay Resort. Hurt them in the wallet and they might try to be a little nicer to local folks!<br />
<br />richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-64353716916675755542011-12-25T09:05:00.000-10:002011-12-25T09:05:11.438-10:00On the 12th Day of Gate-Mas...<div class="separator" style="clear: both; text-align: center;">
<a href="http://3.bp.blogspot.com/-1mVeqH7h7CI/TvdzpgOboUI/AAAAAAAAAG4/B9jIzftecy8/s1600/Open+gate.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="640" src="http://3.bp.blogspot.com/-1mVeqH7h7CI/TvdzpgOboUI/AAAAAAAAAG4/B9jIzftecy8/s640/Open+gate.JPG" width="480" /></a></div>
<br />
<br />
One street in Kailua opened their gate to neighbors and visitors. State Rep. Cynthia Thielen, who lives on a "private" beachside lane that has a gate on its beach path, talked it over with other residents on that block and decided to leave it unlocked. Mind you, Cynthia is no bleeding heart liberal. She's a lifelong Republican and staunch conservative on private property issues. But she also believes in the spirit of aloha -- and she agrees that the beaches of Hawaii belong to everyone.<br />
<br />
After they unlocked the gate, I heard from a Beach Access Hawaii member that a resident on that lane saw visitors walking back from the beach... and actually invited those strangers into their home. The folks who live on Rep. Thielen's street not only opened the gate. They opened their hearts.<br />
<br />
Mele Kalikimaka!richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-78852950320416002262011-12-24T16:17:00.002-10:002011-12-24T16:20:11.006-10:00On the 11th Day of Gate-Mas...<div class="separator" style="clear: both; text-align: center;">
<a href="http://1.bp.blogspot.com/-Z-ZwAYZbqks/TvaGay0fq1I/AAAAAAAAAGs/l_pBZ2U3iUo/s1600/D1000019.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" src="http://1.bp.blogspot.com/-Z-ZwAYZbqks/TvaGay0fq1I/AAAAAAAAAGs/l_pBZ2U3iUo/s400/D1000019.JPG" width="400" /></a></div>
<br />
<br />
Pictured above is the infamous Green Monster that was put up on L'Orange Place in Kailua a little over four years ago. Only one couple on that block opposed it: Bob and Trudy Moncrief, who are on the left side of the photo. Sadly, Bob passed away last year while that gate remained locked, keeping out neighbors, fishermen and visitors. He said it went against the spirit of aloha, and for speaking out publicly against the gate, the Moncriefs were ostracized by the other L'Orange homeowners (some are mainland people who care little about Hawaii's customs or traditions).<br />
<br />
The silver lining though was it brought Kailua residents together. On the night of the first Neighborhood Board meeting at which the L'Orange gate was discussed, Bob stood up and said he lived on that street... and he was adamantly against it. Before he sat down, someone asked me to get a list of names and email addresses so we could organize our own meeting. There were eleven of us that signed up that night.<br />
<br />
Within a couple of months, our list grew to over two hundred and Beach Access Hawaii was born. From there we went on to form a statewide coalition that now includes thousands of supporters for our cause. Although the gate at L'Orange is still there, Bob and Trudy Moncrief continue to serve as inspiration for others who are fighting to protect public beach access throughout the islands.<br />
<br />
Mele Kalikimaka, Bob! We miss you.richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com0tag:blogger.com,1999:blog-499536170419846625.post-92203563858894859852011-12-23T06:35:00.000-10:002011-12-23T06:37:42.328-10:00On the Tenth Day of Gate-mas...We found that owners of beachfront homes in Hawaii were purposely growing out naupaka and other vegetation to block access along shorelines and keep the public away from those areas. In 2009, thanks in part to our lobbying efforts, new legislation was passed to impose fines on property owners (see below for article in today's Honolulu Star-Advertiser about notices being sent to Kahala homeowners).<br />
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Below is a photo of someone in Kailua using sprinklers to grow out naupaka -- which is also a way for them to claim more beach land as their own property since the vegetation line is used as a boundary. You can see the sprinkler head in the middle of the picture.<br />
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<a href="http://1.bp.blogspot.com/-xYU5it6YfqY/TvSr5Q3FfSI/AAAAAAAAAGU/CpqNOHaTZps/s1600/Kailua+naupaka.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" src="http://1.bp.blogspot.com/-xYU5it6YfqY/TvSr5Q3FfSI/AAAAAAAAAGU/CpqNOHaTZps/s400/Kailua+naupaka.jpg" width="400" /></a></div>
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And here's the article that ran in today's newspaper...<br />
<blockquote class="tr_bq">
<div class="storytext article-important">
<b>State coastal enforcement
officials are cracking down on beachfront homeowners whose property
landscapes encroach on public rights of way in Kahala and
elsewhere. The state mailed notices this
month to nine Kahala beachfront property owners, asking them to cut
their vegetation within 21 days or face a fine of $1,000.</b></div>
</blockquote>
<blockquote class="tr_bq">
<b>The homes are between Kahala Beach Park and the Hunakai Street public beach access lane. The fines could rise to $2,000
on a second notice and also be taken for further action to the state
Board of Land and Natural Resources if the landowners fail to
comply.</b> </blockquote>
<blockquote class="tr_bq">
<div class="storytext article-important">
<b>State officials said civil fines could be as high as $15,000, plus other costs including restoration. The public shoreline right of
way is generally defined as extending seaward from a beach's high water
mark, allowing people to walk along the shoreline. </b></div>
</blockquote>
<blockquote class="tr_bq">
<div class="storytext article-important">
<b>A problem
occurs when a property owner cultivates vegetation to encroach into the
right of way. "Maintaining public access along
the shoreline is important, and fortunately a law is in place to ensure
the beaches are kept free of encroaching vegetation from coastal
properties that block the public right of way," said William Aila Jr.,
director of the state Department of Land and Natural Resources.</b></div>
</blockquote>
<blockquote class="tr_bq">
<div class="storytext article-important">
<b>Scotty Anderson, chairman of the
Waialae-Kahala Neighborhood Board, has said that some landowners have
grown vegetation so that plants extend into the public right of
way. Kimberly Mills, staff planner
with the state Office of Conservation and Coastal Lands, said the state
has mailed similar notices this year to property owners in
Portlock and Paiko Lagoon and to six property owners along Diamond Head,
and that all have complied with the notices.</b></div>
</blockquote>
<blockquote class="tr_bq">
<b>
</b>
<br />
<div class="storytext article-important">
<b>Mills said of the nine
properties in Kahala, one has been cleared of encroaching vegetation,
while representatives of the remaining eight have asked for
extensions and indicated they will comply. Mills said the Kahala property owners have until Jan. 31 to comply. The reaction has been different
from in 2008, when some landowners in Kahala did not comply with the
state's requests, Mills said.</b></div>
</blockquote>
<blockquote class="tr_bq">
<div class="storytext article-important">
<b>Legislators passed a law in 2009
reaffirming the state's authority to enforce the maintenance of "beach
transit corridors" by prohibiting vegetation. Mills said state officials had
to develop a civil resource violation system before they could move
forward using the 2009 law.</b></div>
</blockquote>
<div class="storytext article-important">
<br /></div>
<div class="storytext article-important">
<br /></div>richfigelhttp://www.blogger.com/profile/16434563118391550008noreply@blogger.com1tag:blogger.com,1999:blog-499536170419846625.post-7962792907563505752011-12-21T06:25:00.000-10:002011-12-21T06:25:07.906-10:00On the NInth Day of Gate-mas...More than nine different organizations joined the Groundhog Day 2008 statewide rally for beach access: Surfrider (Oahu and Maui), KAHEA, Windward Ahupua'a Alliance, Hawaii Kai Hui, BEACH, Defend Oahu Coalition, Save Our Kakaako, Friends of Kewalo Basin and Beach Access Hawaii.<br />
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