HOUSE OF REPRESENTATIVES

H.R. NO.

173

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

requesting the department of land and natural resources, with the assistance of the state surveyor and the department of commerce and consumer affairs TO INVESTIGATE TECHNOLOGIES, EDUCATION, STAFF POSITIONS WITHIN THE DEPARTMENT AND TO DEVELOP CRITERIA TO QUALIFY surveyors in the determination of shorelines.

 

 

WHEREAS, the State has the duty to protect one of its most cherished coastal public resources, its beaches; and

WHEREAS, in 1968, the Hawaii Supreme Court held that the boundary dividing private land and public beaches was located "along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the line of debris left by the wash of the waves..." and where the vegetation line is located above the debris line, the vegetation line is the boundary since it is a more permanent marker than the debris line; and the Hawaii Supreme Court commented "public policy, as interpreted by this court, favors extending to public use and ownership as much of Hawaii's shoreline as is reasonably possible"; and

WHEREAS, interpretation and implementation of the "shoreline" as defined in section 205A-1, Hawaii Revised Statutes, is pivotal in determining if the public is denied a public coastal resource that rightfully belongs in the public trust, that is, the beach area below the wash of the waves at high tide during the season in which the highest wash of the waves occurs, usually evidenced by vegetation growth or the debris line; and

WHEREAS, many surveyors who survey shorelines are not trained or qualified in coastal morphology and geology, seasonal high surf, judicial rulings, and statutory requirements, among other critical disciplines, that are necessary to accurately determine a shoreline; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, that the Department of Land and Natural Resources (DLNR), with the assistance of the State Surveyor and Department of Commerce and Consumer Affairs, is requested to:

(1) Develop and implement an educational program to set standards for proficiency, certification or qualification for surveyors in the determination of shorelines; and

(2) Investigate the availability and costs of technology, including videographics, and additional staff, such as but not limited to a state shoreline locator, who is knowledgeable in coastal morphology and videography, and has experience with the characteristics of high seasonal surf, that will enhance the effectiveness, public confidence, and accuracy in determining shorelines;

and

BE IT FURTHER RESOLVED that DLNR is requested to report its findings and recommendation, including but not limited to the costs of staffing, programs, and fees or appropriations to fund the program to the Legislature at least 20 days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, State Surveyor, and the Director of Commerce and Consumer Affairs.

 

 

 

OFFERED BY:

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Report Title:

Requests DLNR to develop certification program for shoreline surveyor.