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BEACH ACCESS PROTEST!
On GROUNDHOG DAY Saturday, Feb. 2, 10am -12pm
Surfers. Paddlers. Kayakers. Swimmers. Families. Fishermen. More and more we're all being blocked from reaching our beaches and ocean around Oahu and on outer islands. Walls, gates, fences, trespassing signs, development, and loss of parking spots are all denying free and easy access to much of our coastline. It's time we demand government action to protect and allow easy access for all to reach our beach.
Join us in a statewide rally with many groups at many locations. It will make a difference if you join us and show our officials that you want better beach access. Rally locations are being finalized at Kailua Beach, Ala Moana/Bowls, Hawaii Kai, the North Shore, and the State Capitol Building. Please contact Scott at clearwater@hawaii.rr.com to find out where to join Surfrider Oahu or any of the other groups involved. We need you to be part of this.
Participating organizations include: Kahea, Surfrider Foundation, Beach Access Hawaii, Defend Oahu Coalition, Common Ground Hawaii, Hawaii Kai Hui, Windward Ahupua’a Alliance, and many others that are joining together for this cause.
Click Here to see a SHOCKING Gallery of Photos Showing Blocked Beach Access
If you If you know of any other blocked public access areas around Oahu please send us your photos to be posted
Recent Write up in the Star Bulletin
Beach Access Law in Hawaii
HRS 115 says:
The legislature finds that miles of shorelines, waters, and inland recreational areas under the jurisdiction of the State are inaccessible to the public due to the absence of public rights-of-way; that the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties and properties bordering inland recreational areas; that the population of the islands is increasing while the presently accessible beach, shoreline, and inland recreational areas remain fixed; and that the absence of public access to Hawaii's shorelines and inland recreational areas constitutes an infringement upon the fundamental right of free movement in public space and access to and use of coastal and inland recreational areas. The purpose of this chapter is to guarantee the right of public access to the sea, shorelines, and inland recreational areas, and transit along the shorelines, and to provide for the acquisition of land for the purchase and maintenance of public rights-of-way and public transit corridors.
For more information click here. {sends reader to below}
Beach Access Law in Hawaii
• The public has a right of access to and along all beaches and shorelines in the State situated below the "upper reaches of the wash of the waves." HRS Secs. 115-4 & 115-5.
• Generally, the Counties have the primary authority and duty to develop and maintain public access to and along the shorelines. HRS Secs. 46-6.5, 115-5 & 115-7.
• The State's primary role in the shoreline area is to preserve and protect coastal resources within the conservation district and support public access along and below the shoreline. HRS Chap. 205A.
• If private homeowners are obstructing existing public rights-of-way to the shoreline, HRS Sec. 115-9 provides a remedy and up to a $2000 penalty for that kind of situation.
• An inventory of public rights-of-ways should be available at the respective County planning offices and a list of Na Ala Hele trails are available at DLNR's Na Ala Hele Division.
• The State, and DLNR in particular, has been eagerly supportive of County efforts to establish and maintain public access.
• In limited circumstances, the State, under its Na Ala Hele Program, is responsible for management and maintenance of public rights-of-way that are part of the Na Ala Hele trail system of "ancient trails" that are identified and established public trails with documented historical use and significance. Unlike other public rights-of ways that may exist by virtue of an easement, the Na Ala Hele trails are owned by the State and may lead to and from the shoreline and also provide lateral access along shorelines. HRS Sec. 264-1.
Hawaii Revised Statutes
§115-1 Findings and purpose. The legislature finds that miles of shorelines, waters, and inland recreational areas under the jurisdiction of the State are inaccessible to the public due to the absence of public rights-of-way; that the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties and properties bordering inland recreational areas; that the population of the islands is increasing while the presently accessible beach, shoreline, and inland recreational areas remain fixed; and that the absence of public access to Hawaii's shorelines and inland recreational areas constitutes an infringement upon the fundamental right of free movement in public space and access to and use of coastal and inland recreational areas. The purpose of this chapter is to guarantee the right of public access to the sea, shorelines, and inland recreational areas, and transit along the shorelines, and to provide for the acquisition of land for the purchase and maintenance of public rights-of-way and public transit corridors. [L 1974, c 244, §1; am L 1977, c 164, §3]
§115-2 Acquisition of lands for public rights-of-way and public transit corridors. When the
provisions of section 46-6.5 are not applicable, the various counties shall purchase land for public rights-of-way to the shorelines, the sea, and inland recreational areas, and for public transit corridors where topography is such that safe transit does not exist. [L 1974, c 244, §2; am L 1977, c 164, §4]
[§115-3] Criteria for public rights-of-way. A distance at reasonable intervals taking into consideration the topography and physical characteristics of the land the public is desirous of reaching is established as the maximum between public rights-of-way for the purposes of this chapter. [L 1974, c 244, §3]
§115-4 Right of transit along shorelines. The right of access to Hawaii's shorelines includes the right of transit along the shorelines. [L 1974, c 244, §4; am L 1991, c 37, §2]
[§115-5] Transit area and public transit corridor defined. The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves. However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation shall establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide. [L 1974, c 244, §5]
[§115-7] State and county co-sponsorship of programs. The department of land and natural resources shall enter into agreements with the council of any county providing for the acquisition of public rights-of-way and public transit corridors pursuant to this chapter; provided that the county shall match the funds which have been appropriated by the legislature. The development and maintenance of the rights-of-way and public transit corridors shall be the responsibility of the county. [L 1974, c 244, §7]
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