10-25-2007, 11:34 AM
Many thanks to everyone for contributing to the discussion – and especially those who researched county and state laws, court cases and statues. Here is my summary of shoreline access info:
Knowing what shorelines accesses are required for your property
• There may not be specific setbacks for a property. (Our property setback was just recently determined as part of the SMA approval.)
• Setbacks that define lateral public shoreline access may not be recorded in deeds, and may only be available from the Planning Department. (To my knowledge, there is no process to record the setback determination in the property deed or any other document.)
• Setbacks are specific to each property and may vary from neighboring properties.
Knowing the background for Hawaiian land management and the implications for property owners is difficult. As a result many do not know the laws, and opinions vary widely. Here is my summary of references:
• Chapter 205 Land Use Commission
• http://www.capitol.hawaii.gov/hrscurrent..._0205-.htm
• Hawaii County Codes, especially Chapter 34, Public Access
• http://co.hawaii.hi.us/countycode/chapter34.pdf
• Chapter 520, Landowners Liability (especially see 520-4)
• http://www.capitol.hawaii.gov/hrscurrent..._0520-.htm
• Public Access Shoreline Hawaii (PASH)
• http://www.hawaii-nation.org/pash.html
Note: I was relieved to read HRS 520-4, as it is difficult to impose safe behaviors on others.
Good luck to everyone for whom this may be an issue. In general, I like the shoreline access that is supported by the state, but wish information was easier to access. We have a great resource in our shorelines and many people, especially the Planning Department are doing a great job of defining fair practices, while protecting property owners.
Aloha
Knowing what shorelines accesses are required for your property
• There may not be specific setbacks for a property. (Our property setback was just recently determined as part of the SMA approval.)
• Setbacks that define lateral public shoreline access may not be recorded in deeds, and may only be available from the Planning Department. (To my knowledge, there is no process to record the setback determination in the property deed or any other document.)
• Setbacks are specific to each property and may vary from neighboring properties.
Knowing the background for Hawaiian land management and the implications for property owners is difficult. As a result many do not know the laws, and opinions vary widely. Here is my summary of references:
• Chapter 205 Land Use Commission
• http://www.capitol.hawaii.gov/hrscurrent..._0205-.htm
• Hawaii County Codes, especially Chapter 34, Public Access
• http://co.hawaii.hi.us/countycode/chapter34.pdf
• Chapter 520, Landowners Liability (especially see 520-4)
• http://www.capitol.hawaii.gov/hrscurrent..._0520-.htm
• Public Access Shoreline Hawaii (PASH)
• http://www.hawaii-nation.org/pash.html
Note: I was relieved to read HRS 520-4, as it is difficult to impose safe behaviors on others.
Good luck to everyone for whom this may be an issue. In general, I like the shoreline access that is supported by the state, but wish information was easier to access. We have a great resource in our shorelines and many people, especially the Planning Department are doing a great job of defining fair practices, while protecting property owners.
Aloha