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Makena State Park - Beach Access as a matter of law.

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CHAPTER 115
 

        PUBLIC ACCESS TO COASTAL AND INLAND RECREATIONAL
                             AREAS
Section
115-1 Findings and purpose
115-2 Acquisition of lands for public rights-of-way and
public transit corridors
115-3 Criteria for public rights-of-way
115-3.5 Restricting passage over rights-of-way
115-4 Right of transit along shorelines
115-5 Transit area and public transit corridor defined
115-6 Procedure
115-7 State and county co-sponsorship of programs
115-8 Expending agency
115-9 Obstructing access to public property; penalty
Note
Chapter heading amended by L 1977, c 164, §§2.
Cross References
Statewide trail and access system, see chapter 198D.
Law Journals and Reviews
Beach Access: A Public Right? 23 HBJ 65.
Case Notes
Existence of chapter does not preclude private right of action to force beach access. 65 H. 383,
652 P.2d 1130.
 

§§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]
 

[§§115-3.5] Restricting passage over rights-of-way. A county may restrict passage over a
public right-of-way by resolution or ordinance, provided that the resolution or ordinance sets
forth criteria for determining that the restriction is in the public interest. [L 1993, c 113, §§1]
 

§§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]
 

[§§115-6] Procedure. The provisions of this chapter shall be executed under provisions of
chapter 101. [L 1974, c 244, §§6]
 

[§§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]
 

[§§115-8] Expending agency. The department of land and natural resources shall expend all
sums appropriated for the purposes of this chapter and in accordance with section 115-7. [L
1974, c 244, §§8]
 

[§§115-9] Obstructing access to public property; penalty. (a) A person commits the offense
of obstructing access to public property if the person, by action or by having installed a physical
impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs access to the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the
following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened to the public for
recreational use. [L 2004, c 169, §§2]
 
 

IMPORTANT NOTICE:  Funding for life guards at Makena State Park has been approved by the legislature to take effect July 1, 2007. The legislation reads as follows: SECTION 98. Provided that of the general fund appropriation for parks administration and operations (LNR 806), the sum of $606,534 or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 shall be expended by the department of land and natural resources for the purpose of salary, fringe benefits, overtime compensation, and training for county lifeguard services for the islands of Maui and Kauai; provided further that of the above sums, the sum of $406,469 shall be recurring, set aside for the sole purpose of lifeguard compensation, fringe benefits, and training for the county of Maui, provided further that of the above sums, the sum of $200,065 shall be recurring, set aside for the sole purpose of lifeguard compensation, fringe benefits, and training for the county of Kauai; and provided further that any unexpended funds shall lapse to the general fund.
 


Contacts: Stewards of Makena


Friends of Makena State Park

 Friends of Makena State Park was formally formed in 2003 to assist the Hawai'i Department of Land and Natural Resources in the stewardship of  Makena State Park.

Membership is open to anyone interested in the stewardship of  the unique natural resource that constitutes Makena State Park situated on the island of Maui in the Hawai 'i Islands. The world famous nude beach known as Little Beach is contiguous to Makena State Park.

To declare your membership and to receive the electronic newsletter of Dr. Leisure's Friends of Makena State Park click this link: LittleBeachMaui-subscribe@topica.com  and send a blank email.
 
 

Consider a contribution to Doctor Leisure if you want to help defray the cost of this site and the efforts to obtain lifeguards. Enter the amount you wish to contribute. I would rather see a lot of small donation $25 or less. If you want to send more sizable please make check payable to Church and School of International Détente and submit to PO Box 1137, Kihei, HI 96753-1137 The Church is tax exempt under State and Federal law. Aloha for your support.


 
 
 
 

Dr. Leisure's Friends of Makena State Park
PO Box 1137
Kihei, HI 96753
808-250-4160
 
 
 

--Dr. George R. Harker can be reached by email at drleisure1@aol.com.

Article may be reproduced with appropriate credit: drleisure.com
 
 
 

Copyright 2007, Dr. Leisure

©Copyright 2007 Dr. Leisure. All rights reserved.
 
 

Dr Leisure