House panel approves five shoreline easements for repairs, replacements; several members record reservations

The House Committee on Water & Land voted to pass five Senate concurrent resolutions concerning shoreline easements and existing shoreline structures (SCR 3, SCR 4, SCR 5, SCR 6 and SCR 7) during its April 10, 2025, hearing in Conference Room 411 at the State Capitol.

The measures authorize legislative approval or recognition of existing structures and easements on state submerged or conservation lands and were supported in committee by the Department of Land and Natural Resources. Rebecca Anderson, a DLNR representative, told the committee the department "stands on our testimony in support of this measure" for each of the items when DLNR testified.

Why it matters: the resolutions formalize the state's relationship with private owners and local agencies for shorefront structures that are already in place or needed for access or public infrastructure. Committee members asked DLNR procedural questions about when one-time appraisals or monthly rent payments apply, whether bonds or insurance are required, and how shoreline history and nearby public infrastructure affect beach processes.

Key details from committee discussion

- SCR 3: DLNR said this resolution covers a perpetual easement for public infrastructure that belongs to the City and County of Honolulu (a stormwater management system). Rebecca Anderson said because the easement is for public infrastructure DLNR will not require a removal bond or a payment; the easement is given gratis to a public agency.

- SCR 4: Committee members questioned a shoreline protection structure described by DLNR staff as a "fairly large" line of sand-filled bags (described in testimony as "sand burritos") that fronts one private property and continues across neighboring properties. DLNR explained the historic construction of the nearby small-boat harbor and breakwater by the U.S. Army Corps of Engineers in the mid-20th century has changed sand movement along that stretch of coast; DLNR said that, as a result, some locations lack a sandy beach and require shoreline protection.

- SCR 5 (Waikiki): Testimony showed a private landowner removed derelict steps without a permit, paid the resulting fine, cured the violation and now seeks permission to replace the steps. DLNR said the replacement steps will be "more or less flush" with the face of the existing wall and that the private property owner has an existing access easement that includes the steps.

- SCR 6 (Ewa Beach): DLNR explained the payment process for an approved easement: during the period between board approval and legislative approval the owner may pay monthly rent (based on an established formula), and after legislative approval an appraisal is completed and a one-time lump-sum payment for a 25-year easement is required.

- SCR 7 (Laie): DLNR described a nonconforming landscaping or boundary wall that appears to have been constructed prior to current shoreline laws; a narrow sandy beach is present in some places but the area sees significant wave action and erosion in spots.

Committee process and votes

The chair and vice chair recorded aye votes for these measures; members registered a mix of reservations and a small number of no votes on particular items during the roll calls recorded in the transcript. The committee moved the five resolutions by roll call vote; individual members noted reservations on particular measures in committee but the resolutions were approved for transmittal.

What the committee did not decide

DLNR and committee members repeatedly distinguished between allowing ‘‘status quo’’ maintenance of existing structures (permitted under the easement process) and approving new or expanded hardened shore protection. Several representatives pressed DLNR about the state's shoreline policy and the possibility that cluster effects (one hardened property affecting another) may leave neighboring private owners with differing outcomes; DLNR reiterated that shoreline approvals and certifications are handled parcel by parcel under current law.

Next steps

Each approved resolution will proceed to the next step of the legislative or administrative process as required by statute. Where the department identified further procedural steps (appraisal, rent during the approval gap, or permits), those steps remain to be completed before an easement is finalized.