H.C.R. NO.














REQUESTING THAT THE DEPARTMENT OF LAND AND NATURAL RESOURCES conduct a study on the overgrowth of induced vegetation that inhibits beach access and transit.




     WHEREAS, there are many shoreline areas throughout the state where the overgrowth of vegetation inhibits access to and transit along the beach, thereby denying the public of use and enjoyment of the public domain; and


     WHEREAS, the area seaward of the shoreline is part of the conservation district and regulating uses of the conservation district is the responsibility of the department of land and natural resources; and


     WHEREAS, although there exists natural vegetative overgrowth along beach areas, there is also evidence in many areas of induced vegetative overgrowth into the beach area by private property owners; and


     WHEREAS, the department does not have the funding to remove this vegetative overgrowth, nor should it have the financial responsibility to do so; and


     WHEREAS, the legislature finds that public beach corridors are similar to public sidewalks in the sense that they are for public use; and


     WHEREAS, to maintain public transit along the shoreline, provisions similar to those pertaining to the maintenance of sidewalks may be needed; and


     WHEREAS, the legislature finds that a similar provision to protect public transit corridors along shorelines in the conservation district would have the benefit of encouraging property owners to keep adjacent beachfront free of encroaching vegetation and would provide a means to reimburse government agencies for removing vegetation if necessary; and


     WHEREAS, the department of land and natural resources is best situated to understand this issue and make changes; now, therefore,


     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the department of land and natural resources undertake a study to survey property owners in areas identified by the department as representative of the problem at beaches throughout the state; and


     BE IT FURTHER RESOLVED that the department of natural resources report the findings of their study and proposed legislation or executive actions to remedy the problem to the legislature no later than twenty days prior to the convening of the 2010 Regular Session; and


                BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Department of Land and Natural Resources and the Governor.









Report Title: 

Vegetation encroachment; beach access and transit; study