LIHU‘E — Kaua‘i County officials may need to take part in the state’s certification of shorelines to establish setbacks for beachfront properties on Kaua‘i, and to preserve beach uses, a University of Hawai‘i shoreline expert told county leaders Thursday. Some
LIHU‘E — Kaua‘i County officials may need to take part in the state’s certification of shorelines to establish setbacks for beachfront properties on Kaua‘i, and to preserve beach uses, a University of Hawai‘i shoreline expert told county leaders Thursday.
Some residents have complained some Kaua‘i beachfront property owners have planted vegetation and irrigated plants at the high-water mark of the beach, to increase the size of their lots.
Critics also contend such owners have done so as a way to influence the certification of the shoreline, resulting in the loss of beach access and in smaller beach areas for use by the public.
The state constitution says beaches up to the high-water mark, or vegetation line, are public. It appears that some shoreline landowners are planting grass, naupaka and other vegetation in attempts to extend their property lines toward the ocean.
Some landowners say they are merely trying to improve the look of their lots, and protect the lots from erosion.
During a meeting of the Kaua‘i County Council Planning Committee at the historic County Building here, Dr. Chip Fletcher, a UH professor of geology and physics, said county officials’ involvement in the certification process is almost a must.
That is because the issue has become heated, and because county officials seemed bent on finding a solution, Fletcher said.
At this point, it appears concerns raised by residents and county officials have fallen on deaf ears at the state level, Fletcher said.
The certification of the shoreline is a state function, but through an agreement between the state and county officials leaders here may be able to have more of a say in that process, Fletcher said.
Kaua‘i County Planning Commission members rely on the certifications to establish setbacks partly to protect shoreline structures from possible damage during tsunamis or by heavy wave action during the winter.
But the “artificial” planting at the beaches, according to one resident at the council committee meeting, has led to a situation where an owner can nearly claim ownership of a public beach, thus depriving the public the right to use it.
The result is private-property lines become obscured, and an unknowing beach-goer could be arrested for trespassing, said ‘Aliomanu resident Bill Young.
Fletcher and Zoe Norcross-Nu‘u, a coastal processes extension agent with the UH Sea Grant program, Sam Lemmo of the state Department of Land and Natural Resources, and others were invited by councilwoman JoAnn Yukimura, Planning Committee chairwoman, to talk about the issue of shoreline certification and setbacks.
The group also talked about the causes of beach erosion and solutions, including sand replenishment.
Yukimura acknowledged the certification process is the kuleana of the state, but she advocated that county officials not sit still on the matter.
To help get county officials involved in the certification process, Yukimura said leaders of the state Legislature could prescribe shoreline-certification responsibilities to the county.
Legislators also could declare Kaua‘i County leaders have standing in the process, thus allowing officials to work on the certification process, Yukimura said.
“Or the governor could order the (state) Department of Accounting and General Services to make sure the state surveyor follows proper rules,” Yukimura said.
She also said that if there are flaws in the certification system, there are points where Kaua‘i County officials can step in.
Council chair Kaipo Asing cautioned that a declaration that a certification of shoreline has not been done properly is no more than opinion or interpretation.
What may be improper to some may be proper to others, Asing said.
In ascertaining whether the shoreline has been property certified, a planner from the Kaua‘i County Planning Department may have to work full-time on one project, as the work is time-consuming, Yukimura said.
So far, only some citizens of Kaua‘i have taken on the task, she said.
Yukimura thanked Kaua‘i resident Caren Diamond for helping to bring the experts to the meeting. Diamond contended it was important for the county officials to enlarge setbacks in cases where they are “20 to 30 feet for shoreline areas.”
Diamond said those setbacks aren’t enough to provide protection for shoreline homes from large waves during the winter, or from tsunami waves.
County officials should go on jobs with state surveyors, Diamond added. That way, “the county could take part in every single certification that happens here on Kaua‘i,” she said.
Kaua‘i Planning Commission Chairman Theodore Daligdig III said he liked the Maui format for establishing setbacks because they are based on scientific data and annual erosion measurements for a property. As a result, the setbacks there will vary from property to property.
Daligdig said it might be prudent for Kaua‘i County officials to follow suit. “The presentation was very, very educational, and I hope it would move us in the direction of Kaua‘i doing something about our setbacks,” Daligdig said. “This is good ground from where we can start, yeah?”
Norcross-Nu‘u said the setbacks for shoreline properties on Maui ranged uniformly from 25 feet to 150 feet, depending on the depth of the lot from makai to mauka.
For instance, if a lot is less than 100 feet deep, the setback was set at 25 feet from the certified shoreline. If a lot is 100 to 160 feet, the setback would be 40 feet.
But because of concerns about erosion, Maui County officials last November amended the county’s setback rule, prescribing, through a formula, larger setbacks in beach areas that have experienced greater erosion, Norcross-Nu‘u said.
Among planning commissioners who attended the meeting were Randal Nishimura, Lawrence Chaffin Jr., Mike Cockett and Steve Weinstein.
Councilman Daryl Kaneshiro said he wants to see shoreline conflicts minimized, and added that the council will not be adopting an ordinance to establish setbacks.
Kaneshiro said it was his understanding such a change can only happen through administrative rule changes by the county Planning Commission.
Kaneshiro said he appreciated the information presented, and that he and other council members would use it as reference as they work on shoreline-access issues.
Staff Writer Lester Chang may be reached at 245-3681 (ext. 225) or mailto:lchang@pulitzer.net.
