HomeMy WebLinkAboutCOM 0853.018 2010-2012 9 ' M
SY OF
William P. Kenoi BJ Leithead Todd
• ' Mayor ��%,�, Director
- ..MM'_ Margaret K.Masunaga
=Y=- .' Deputy
• art cF'N0•Y►
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)K1.1-8742(7)
cJ C-
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October 8, 2012 "'
Ms. Charlene Prickett o
P.O. Box 27 `r
Papa'ikou, Hawaii 96781
Dear:-Ms. Prickett:
Subject: Inventory of Public Shoreline Access County of Hawaii
This is in response to your email dated October 1,2012 in which you requested a written explanation
of what the"Access Inventory study" is and what it is not.
The document in reference is titled "Inventory of Public Shoreline Access County of Hawai`i
(Inventory)and was prepared for the County of Hawai`i Planning Department in September 1979 by
Hiroshi Kasamoto,Inc and P.Yoshimura,Inc. Preparation of the Inventory was financed in part by
the Coastal Zone Management Act of 1972 administered by the Office of Coastal Zone Management,
National Oceanic and Atmospheric Administration (NOAA).
As stated in its introduction, the Inventory constituted Phase I of an overall shoreline management
program initiated by the County of Hawai`i in 1978. This Inventory was intended to provide
baseline information in understanding current coastal conditions, accessibility, and resources.
Phase II of the program involved the development of standards and guidelines for the identification
of areas where additional public accesses are particularly necessary and/or desirable and for the
design of public access systems. A draft Shoreline Public Access Guidelines and Standards
(SPAGS)document was prepared for the Planning Department in April 1981 by the same consultants
that prepared the Inventory.
A subsequent phase involved the preparation of a"Public Access to the Shoreline Legal Aspects"
document by the County of Hawai`i Office of the Corporation Counsel, assisted by students at the
University of Hawai`i Law School,which was published in March 1982. The research of statutory
and case law relating to various aspects of public shoreline access contained in this report along with
the data compiled in Phase I(Inventory)and Phase II(Standards and Guidelines)was intended to be
incorporated in Shoreline Public Access Plan for implementation and the specific courses of action
to be taken. To date the final program phase to develop a comprehensive management plan
incorporating the information provided in the first two phases as well as addressing specific legal
Comm.No. 3-3 g
Ref.To:
Ref. Date OCT 1 6 2012
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning@co.hawaii.hi.us
Ms. Charlene Prickett
October 8, 2012
Page 2
questions regarding public access systems, and establishing specific acquisition and capital
improvement expenditure priorities has.=been developed by the County.
The Inventory explains that the roadways,paths/trials and easements incorporated in the Inventory
must have met one of the following requirements:
I. Incorporated in the tax map, Land Court map, subdivision maps, or U.S.G.S.
maps as a right-of-way, a trail, or an easement.
2. An expressed dedication as public access through private property to beaches and
other shoreline recreational areas.
3. An implied dedication through private property through common usage which
need not be reflected on maps.
4. As a right of Native Hawaiians as tenant rights to use trails as access to the
shoreline within ahupuaa. A detailed description of these types of access is given
under the Ancient Trails'section of this report. "
The Introduction section of the Inventory seems to suggest that "(t)his access study is an inventory of
all existing public accesses to and along the shoreline... "and "...identifies public accesses by three
categories: 1) improved roads capable of transporting two-wheel drive vehicles t the shoreline; 2)
unimproved public roads which are either gravel roads or paper roads as shown in tax maps as
public right-of-way; and 3)pathways and trails including ancient trails, easements, and walkways
designated for public use to reach the shoreline. " The statement within the section of the Inventory
describing Roadways,Paths/Trails and Easements, "(p)aths and trails identified in this inventory are
those Mat can be utilized by the public as access to and along the shoreline", further suggests that
the accesses identified are legally available for public use.
However, the Introduction further states "(a)n important basis in starting this systematic public
access program is to lay public claim to existing shoreline trails that traverse through private
lands. " The Introduction also acknowledges some of the significant obstacles to laying public
claims to the trails in the Inventory by recognizing that "conflicting laws which protect the rights of
the property owner;and the possibility of having to acquire these trails through just compensation
to property owners. "
In view of the above, the Planning Department has not confirmed that a legal right of public access
exists for every access included in the Inventory and considers the Inventory as a guide to assist in
identifying areas where public access is probably desirable and/or where historical public usage has
been noted, whether legal or not.
In the absence of documented historical evidence for claim by the State or County under the
Highways Act of 1892 or the proscriptive rights statutes provided in English common law as
provided in Sec. 1-1 of Hawai`i Revised Statutes, as amended, the Planning Department evaluates
the legal right of public access over the accesses contained in the Inventory on a case by case basis
Ms. Charlene Prickett
October 8, 2012
Page 3
typically within the context of review and processing of applications for subdivision and/or other
land use entitlements.
Should you have questions, please feel welcome to contact Larry Brown of my staff at 961-8135.
Sincerely, //
i� 49
BJ LEITHEAD TODD
Planning Director
LMB:cs
\\Coh33\planning\public\wpwin60\CZM\Public Access&Trails\South Hilo\Papaikou 40ct051Prickett re 1979 Public Access Inventory
(Autosaved).doc
cc: Lincoln Ashida, Esq., Corporation Counsel
William Brilhante, Esq., Deputy Corporation Counsel