Kauaʻi is considering additional restrictions that would curb a private landowner’s ability to build further onto public beaches.
The Kauaʻi County Council is moving along Bill 2969 primarily to address a county-level exemption for beachfront properties that has allowed owners to make repairs to their homes without adhering to setback rules, which seek to keep them a certain distance from the shoreline.
The proposed restrictions would keep beaches publicly accessible and keep homes away from areas where they could be subjected to floods and tsunamis.
The bill, co-authored by Council Chair Mel Rapozo and Councilmember Bernard Carvalho, notes that “proper siting of structures and regulation of improvements to structures along Kauaʻi's shoreline areas are critical to protecting life and property, mitigating coastal hazards, and preserving coastal resources, which are culturally important to the people of Hawai'i.”
The issue is especially prevalent on Kauaʻi's north shore, where many of the properties are high-end vacation rentals.
Older homes requiring repairs can take advantage of the county exemption to what’s known as a “shoreline setback determination.” The exemption allows owners to completely tear down their homes and rebuild them further onto public beaches.
In one example, about 10,000 square feet of public beach was given to a landowner after they applied for a county exemption.
“But it wasn't. Because our beaches cannot be just given away like that,” said Caren Diamond of Mālama Kuaʻāina. “And so you end up with a big controversy. Is this the private landowner's or the public beach? I think the amendments in this bill will help resolve that.”
Diamond, an advocate for issues affecting Kauaʻi's coastal communities, testified in support of the measure.
She said that Kauaʻi’s rulebook on shoreline setbacks is one of the strongest in the country, particularly for new construction along beaches. But the county exemption for homes that need repairs has been an issue.
Bill 2969 is set to go to the county’s planning commission for review.
