STAND. COM. REP. NO. 1056
RE: S.C.R. No. 18
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Water and Land, to which was referred S.C.R. No. 18 entitled:
"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA HOMESTEADS AND BEACH LOTS, KIHEI, MAUI, FOR THE EXISTING SEAWALL AND ROCK REVETMENT, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"
begs leave to report as follows:
The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as Tax Map Key: (2) 3-9-10:006, Waiohuli-Keokea Homesteads and Beach Lots, Kihei, Maui, for the existing seawall and rock revetment and for the use, repair, and maintenance of existing improvements constructed thereon, pursuant to section 171-53, Hawaii Revised Statutes.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.
Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution. The seawall and most of the revetment are located makai of the shoreline, on state lands. The Department of Land and Natural Resources' Office of Conservation and Coastal Lands (OCCL) determined that the seawall was authorized by the County of Maui on August 1, 1985, and supported a disposition through an easement. The OCCL determined that removal of the subject seawall would not result in a substantial improvement to beach resources fronting the property, would not improve public access, and could destabilize the seawalls and lawns on adjacent properties. The seawall also operates as the primary erosion control for potentially threatened upland structures.
Your Committee further finds that on July 11, 2014, under agenda item D-3, the Board of Land and Natural Resources, subject to conditions, unanimously approved a grant of a fifty-five-year non-exclusive easement to resolve the 1,260 square feet seawall and rock revetment encroachment. Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing seawall and rock revetment.
As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 18 and recommends that it be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Water and Land,
LORRAINE R. INOUYE, Chair