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New Law Makes Landowners Responsible For Beach Corridor

Property Owners Will Be Required To Cut Back Vegetation

POSTED: 4:24 pm HST April 28, 2010
UPDATED: 8:48 pm HST April 28, 2010

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Hawaii law has always required public access to beaches. Under a new law landowners will be responsible for maintaining an open corridor on the beach.

Landowners will be required to trim vegetation and keep the beach clear. If they don't do it, the Department of Land and Natural Resources will do it for them.

“Basically this will ask the owners to please cut back their vegetation that grows down into the public areas and it also asks the Department of Land and Natural Resources to cut it back themselves and send a bill to the owner. It’s very simple,” said Rep. Barbara Marumoto.

There will now have to be what is called a lateral beach transit corridor, other words room to walk along the beach. But some wonder who will determine when a landowner's vegetation is encroaching on the public beach.

“The shoreline is the highest wash of the waves and debris line, and you could keep lawyers busy for months and years on this issue. But there is a definition of the shoreline and ocean side that is public,” said Marumoto.

“The burden is really on land owners, same thing as sidewalks. You can't have your trees and your bushes growing out covering the sidewalk. So the primary responsibility is on landowners to keep vegetation cut back so it stays off the public right of way,” said Chairwoman of the Department of Land and Natural Resources Laura Thielen.

The DLNR will notify landowners if there is a complaint from beach users. The law still needs to be signed by the governor.

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