Report Title:

State Submerged Lands; Lease; Private Res. Noncommercial Piers

Description:

Permits installation and maintenance of private residential noncommercial pier subject to state submerged land lease to be without lease rent; subject to administrative charge.

HOUSE OF REPRESENTATIVES

H.B. NO.

2045

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SUBMERGED LANDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Section 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"171-    Administrative charge for private residential noncommercial piers. Notwithstanding any other provision of law or any provision in any lease agreement for state submerged lands, a residential fast lands owner pursuant to a state lease for abutting submerged lands may install and maintain, without payment of any lease rent, a private residential noncommercial pier, provided that:

(1) The pier is used for private recreational and not commercial purposes;

(2) The pier cannot be sold or leased separately from the residence;

(3) The pier cannot be used by boats for residential use;

(4) The pier may be used by the general public and that a sign or signs be placed on the pier, clearly visible to the public, which indicates the public's right to use the pier;

(5) The lessee shall be responsible for the proper maintenance and repair of the pier and shall hold the State harmless from any injury or damage arising out of the use of the pier by any person; and

(6) The lessee shall pay the department an administrative fee not to exceed $150 per year."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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