Honolulu Weekly Article: Deja Vu

 

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.

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.

For what it's worth, here is the link and some excerpts from the Honolulu Weekly piece. Read it and weep...

High Tide - A pending Supreme Court case pits public access against wealthy landowners and the State

By Joan Conrow

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...

To read the rest of the article, click here.

 

Lt. Governor candidate on beach access

State Sen. Gary Hooser has a good blog post on shoreline access and preservation. To my knowledge, he's the first and only candidate for Lt. Governor who has publicly made this part of his campaign platform.

Moreover, he's actually tried to get laws passed that would help protect public access. And Kauai, Gary's home island, has the most forward-thinking shoreline setback rules of all the counties. Oahu and the other islands should follow their lead.

Here's a link to his post and excerpt:

On shoreline protection and the right to public access
Protecting and preserving our shorelines requires effective and strict integrated shoreline management policies that reach all islands statewide. Presently, Kaua‘i proudly holds the strongest and most prudent shoreline setback for structures, 110 feet from the watermark during a full moon high tide. DLNR officials, working in coordination with the UH Sea Grant Program, estimate the annual shoreline erosion rate at roughly one foot per year. Most homes are rated at a lifetime of 70 years, which under the current state standard setback of only 40 feet means they are likely to be threatened by erosion in coming decades. Though variances are available, our state would be wise to follow Kauai’s lead on this issue and improve shoreline setback distances in all counties...

To read his complete post, please go here:

http://garyhooser.livejournal.com/37609.html