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March 13, 2008
PLANNING DEPT. SPEAKS
The Planning Department would like to offer the following in response to the Feb. 21, 2008 article "Line in the Sand."
The Planning Department agrees that public access to our shoreline is of great importance to the quality of life for our citizens. The department tries to use a variety of tools that are available in order to improve and protect public access to and along the shoreline.
The Hawai'i Coastal Zone Management Act empowers the county to provide and manage adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value. The Planning Department works with other county authorities, such as the Maui Planning Commission, to achieve reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals during the Special Management Area (SMA) permitting process.
Recent approvals such as the Wailea Renaissance, Wailea Marriot, Maui Palms, Kapalua Bay Hotel, and the Royal Lahaina improved access by removing pools and structures out of the shoreline setback area, increasing public parking, improving trails and paths, and providing access for those with disabilities. Maui Land & Pine is constructing a 3.5-mile linear shoreline trail connecting five beaches in West Maui.
When land is subdivided, the County Code requires that a right-of-way be dedicated for public use to the shoreline at 1,500 foot intervals provided this is feasible considering safety and terrain. In 2005, the county bought a 600-foot wide, 1.5-mile long strip of coastal land during the Ukumahame Subdivision SMA process. This coastal land is the first phase of the Pali-to-Puamana coastal park plan.
The department has also drafted the Countywide Policy Plan that contains policies speaking to assuring public access, not just to shores but also to the mountains. The draft Plan was recently transmitted to the County Council for their review and adoption.
The department also helped Tri-Isle RC&D and the Kihei Community Association restore access in Kamaole II and dunes in Kamaole III parks by using sand donated by [the Department of Land & Natural Resources] DLNR and the Whale Sanctuary.
These community efforts reflect that active, concerned citizens working in collaboration with the government is an effective way to get things done.
Enforcement of existing rules is a key to success. With only a few enforcement personnel it's challenging, but the County Council did approve two new zoning inspector positions in this year's budget. We often seek compliance and improvements to shoreline access when someone proposes to redevelop their oceanfront property.
The department is also actively enforcing our existing regulations. For example, in 2006, the department fined a shoreline landowner $50,000 for un-permitted shoreline work. The money will be used for beach nourishment projects.
Access that is on private property must be purchased or dedicated by easement to the county in order for the public to have a right to use that access, and many historic access points never were dedicated. While the department is trying to assure access when new development is proposed, we cannot easily go backwards in time regarding already approved developments.
The county can condemn lands as was done at Montana Beach, but it's very expensive. That is why we generally use the SMA and Shoreline permit process to restore access and help property owners keep structures and homes out of harms way from coastal hazards.
In 2005, the Department updated the Shoreline Access Guide and added a web-based Inventory of Shoreline Access Points (www.mauicounty.gov/departments/Planning/czmp/beach.htm). The guide notes if an access point is dedicated to the county. If you would like to add an area that isn't currently dedicated, contact your elected officials and ask them to support your request.
-Thorne Abbott, County of Maui Planning Department