Report Title:

Accreted Lands; Public Notice

Description:

Requires the Office of Environmental Quality Control to inform the public of an application for the registration of land by accretion for any land accreted along the ocean; requires the agency receiving the application to supply the Office with a notice for publication in the Office's periodic bulletin; requires persons bringing action to quiet title to land by accretion to comply with public notice requirements. (HB85 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

85

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ACCRETED LANDS.

 

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

SECTION 1. Section 343-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The office shall inform the public of:

(1) A public comment process or public hearing if a federal agency provides for the public comment process or public hearing to process a habitat conservation plan, safe harbor agreement, or incidental take license pursuant to the federal Endangered Species Act;

(2) A proposed habitat conservation plan or proposed safe harbor agreement, and availability for inspection of the proposed agreement, plan, and application to enter into a planning process for the preparation and implementation of the habitat conservation plan for public review and comment; [and]

(3) A proposed incidental take license as part of a habitat conservation plan or safe harbor agreement[.]; and

(4) An application for the registration of land by accretion for any land accreted along the ocean."

SECTION 2. Section 501-33, Hawaii Revised Statutes, is amended to read as follows:

"§501-33 Accretion to land. An applicant for registration of land by accretion shall prove by a preponderance of the evidence that the accretion is natural and permanent. The applicant shall comply with notice requirements of section 343-3(c)(4). "Permanent" means that the accretion has been in existence at least twenty years. The accreted portion of the land shall be considered within the conservation district unless designated otherwise by the land use commission under chapter 205. Prohibited uses are governed by section 183-45."

SECTION 3. Section 669-1, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Action may be brought by any person to quiet title to land by accretion. The person bringing the action shall prove by a preponderance of the evidence that the accretion is natural and permanent. The person bringing the action shall comply with notice requirements of section 343-3(c)(4). "Permanent" means that the accretion has been in existence for at least twenty years. The accreted portion of land shall be considered within the conservation district unless designated otherwise by the land use commission under chapter 205. Prohibited uses are governed by section 183-45."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.