State Enforces Beach Encroachment Violations

By Wendy Osher

Encroaching vegetation on Kahala beach, photo courtesy state Department of Land and Natural Resources.

Nine oceanfront property owners in Kahala were issued violation notices from the state for having vegetation that encroaches onto the beach.

The state Department of Land and Natural Resources took civil enforcement action this month against the landowners.

According to authorities at DLNR, lateral access to the beach is blocked because of the overgrown shrubs.

At times when the tide is high, they say,  people have to walk into the water instead of along the sand.

“Maintaining public access along the shoreline is important and fortunately, a law is in place to ensure the beaches are kept free of encroaching vegetation from coastal properties that block the public right of way,” said William J. Aila, Jr., DLNR chairperson.

“Our goal is to preserve the State’s beach resources for the promotion of economic and recreational activities by Hawai‘i’s residents and visitors alike,” said Aila.

Another nine violation notices were issued between September and November at sites scattered from Diamond Head to Hawai’i Kai on the island of O’ahu.

Aila said that so far, property owners have responded positively, and have “satisfactorily removed or trimmed back encroaching vegetation so that people can continue to use public beach areas.”

The new Kahala cases are still pending landowner response to comply.

The law that ensures public access to the shoreline is included in Hawaii Revised Statutes, Chapters 115 and 183C.

State law requires private property owners to ensure that beach transit corridors abutting their lands shall be kept passable and free from human–induced, enhanced, or unmaintained vegetation that interferes or encroaches in the beach transit corridors.

After notification, property owners are given 21 days to come into compliance, or face criminal fines of $1,000 after 21 days, and $2,000 for repeated violations.  Civil fines  of up to $15,000 may also be levied for mitigation and restoration costs.