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Bill

SCR 47

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SEAWARD OF TAX MAP KEY: (2) 4-3-010:009 AT KAHANA, LAHAINA, MAUI, FOR THE REMOVAL OF EXISTING EMERGENCY SANDBAGS AND CONSTRUCTION, USE, REPAIR, AND MAINTENANCE OF A ROCK REVETMENT.

2025 Regular Session Introduced by Ron Kouchi

Hawaii bill authorizes private easement on public ocean floor to build seawall for coastal erosion at Kahana, Maui, raising questions about public resource use and environmental impacts.

The committee on WTL deferred the measure.
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Bill Summary · SCR 47

Legislative bill overview

SCR 47 authorizes Hawaii to issue a long-term easement allowing private parties to remove emergency sandbags and construct a rock revetment (seawall) on state-owned submerged lands off Kahana, Lahaina, Maui. The easement grants exclusive use rights for coastal erosion control structures on public ocean bottomlands.

Why is this important

Coastal erosion is a serious problem in Hawaii, threatening properties and infrastructure. This bill addresses erosion at a specific Maui location but raises broader questions about who bears responsibility for coastal protection—private property owners, local government, or the state—and sets a precedent for future easement requests on public submerged lands.

Potential points of contention

  • Public resource use: Gives private easement rights over state-owned submerged lands; raises questions about whether public underwater property should be used for private property protection
  • Environmental impact: Rock revetments can alter wave patterns, sediment movement, and marine habitats; unclear if environmental assessment is required before construction
  • Cost allocation: No apparent public funding mechanism; private parties controlling the structure may avoid long-term maintenance obligations, potentially burdening taxpayers later
  • Precedent concerns: Approval could encourage similar requests statewide, fragmenting state submerged lands into private easement patchworks
  • Duration and oversight: "Term" easement language is vague on length; renewal conditions and state inspection authority are unclear

Compiled from official sources — confirm details with the bill’s official record.

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