Hawaii 2025 Regular Session

Hawaii Senate Bill SCR7

Introduced
1/23/25  
Refer
2/3/25  
Report Pass
3/12/25  
Refer
3/12/25  
Engrossed
3/31/25  
Refer
4/4/25  
Report Pass
4/14/25  
Refer
4/14/25  
Report Pass
4/17/25  

Caption

Authorizing The Issuance Of A Twenty-five Year Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Laie, Koolauloa, Oahu, For A Rock Revetment That Includes Stairs, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.

Summary

SCR7 is a Senate Concurrent Resolution that authorizes the Board of Land and Natural Resources to grant a 25-year, non-exclusive easement over a portion of state submerged lands in Laie, Koolauloa, Oahu. The easement would cover an existing rock revetment and stairs located seaward of residential property identified by Tax Map Key (1) 5-5-002:032, and would allow the easement holder to use, repair, and maintain those improvements. The resolution is tied to a specific parcel and a specific existing shoreline structure, rather than creating a broad policy change. The measure explains that the revetment and stairs were likely built in the early 1960s, before modern shoreline and coastal structure regulations, and that the structure now constitutes an encroachment on state submerged lands. The easement is intended to resolve that encroachment, with compensation to the State based on fair market value as determined by independent appraisal. The resolution also references prior Board of Land and Natural Resources approval, an immediate right of entry permit, and a revocable permit allowing maintenance during the easement process, subject to rent, bond, and insurance requirements.

Impact

If adopted, SCR7 would provide the legislative authorization required under section 171-53(c), Hawaii Revised Statutes, for the State to lease or grant a non-exclusive easement over submerged lands. It would not amend the statute itself, but would enable a specific disposition of state land interests for this parcel in Laie. The practical effect is to legalize continued use and maintenance of an existing shoreline structure on state submerged lands, while preserving state ownership and limiting the grant to a non-exclusive easement.

Sentiment

The available voting history suggests the bill was generally supported in committee, passing the Senate Water and Land Committee 3-1 and without amendment. The bill text itself reflects an administrative and remedial approach, emphasizing that the structure is longstanding, that the relevant coastal office had no objection, and that the Board of Land and Natural Resources had already approved the easement concept. Overall, the tone around the measure appears favorable and pragmatic, focused on resolving a preexisting encroachment rather than debating a new development proposal.

Contention

The main point of potential contention is the use of state submerged lands for a private residential shoreline structure, especially because the revetment and stairs are described as an encroachment. Concerns may also center on shoreline management, coastal access, and whether granting an easement effectively regularizes a structure built without modern permits. Supporters appear to include the Board of Land and Natural Resources and the Office of Conservation and Coastal Lands, which had no objection, while the lone committee dissent suggests at least one legislator had reservations about the disposition or its policy implications.

Companion Bills

HI HCR7

Same As Authorizing The Issuance Of A Twenty-five Year Term, Non- Exclusive Easement Covering A Portion Of State Submerged Lands At Laie, Koolauloa, Oahu, For A Rock Revetment That Includes Stairs, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.

Similar Bills

No similar bills found.