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DLNR Public Access Board

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DLNR Public Access Board
NameDLNR Public Access Board
Formed1981
JurisdictionHawaii
Parent agencyDepartment of Land and Natural Resources (Hawaii)
Chief1 nameChairperson
Chief1 positionChair

DLNR Public Access Board is a statutory advisory and adjudicatory body charged with safeguarding public access to coastal and shoreline areas in Hawaii. It operates within the framework of Hawaiian statutory law and administrative rulemaking, balancing access rights with cultural practices and natural resource protection. The Board engages with state agencies, county governments, Native Hawaiian organizations, and community groups to resolve disputes and craft access pathways.

History

The Board was established under provisions enacted in the early 1980s during legislative sessions that followed land use controversies on Maui and Oahu involving private developments adjacent to public shorelines. Early cases drew attention from statewide actors including the Office of Hawaiian Affairs, Hawaii State Legislature, and regional chapters of the Sierra Club and Surfrider Foundation. Notable early proceedings intersected with litigation before the Hawaii Supreme Court and administrative appeals to the Hawaii State Office of Administrative Hearings. Over decades the Board’s docket reflected tensions among developers, community associations, the Department of Transportation (Hawaii), and Native Hawaiian claimants such as Kamehameha Schools beneficiaries and cultural practitioners from Molokai and Kauai.

The Board’s authority derives from statutes enacted by the Hawaii State Legislature and codified in state law, implemented via rules overseen by the Department of Land and Natural Resources (Hawaii). Its mandate intersects with case law from the Hawaii Supreme Court on shoreline access, the Public Trust Doctrine as applied in Hawaiian jurisprudence, and administrative interpretations from the Attorney General of Hawaii. The Board issues determinations and recommendations that inform decisions by county planning commissions such as the City and County of Honolulu Department of Planning and Permitting and appeals heard by the Hawaii Intermediate Court of Appeals when contested.

Board Composition and Appointments

Board membership is set by statute and reflects appointments made by the Governor of Hawaii with confirmation processes involving the Hawaii State Senate. Typical membership draws individuals with backgrounds from institutions such as the University of Hawaii, the Hawaii Farm Bureau, Native Hawaiian organizations like the Office of Hawaiian Affairs, and nonprofit stakeholders including the Surfrider Foundation and Conservation International affiliates. Terms and ethical standards are governed by rules consistent with the Hawaii State Ethics Commission and appointment practices echoing those used for other boards such as the Board of Land and Natural Resources (Hawaii).

Functions and Activities

The Board adjudicates disputes over access easements, right-of-way dedications, and public easements adjacent to beaches, often mediating among plaintiffs represented by law firms and government counsel from the Hawaii Department of the Attorney General. It issues guidance affecting infrastructure projects overseen by the Hawaii Department of Transportation and coastal management plans linked to federal agencies including the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers. The Board compiles inventories of shoreline access points used by municipal entities such as the County of Maui and conservation partners like the Nature Conservancy in Hawaii. Proceedings frequently involve testimony from cultural practitioners affiliated with groups such as Hoʻokupu and research staff from the Hawaiʻi Institute of Marine Biology.

Notable Decisions and Controversies

Major determinations have addressed high-profile developments involving stakeholders like Kāneʻohe Bay interests, resort operators with ties to national hospitality firms, and landholdings associated with Kamehameha Schools. Decisions have spawned appeals invoking precedents from Public Trust Doctrine litigation and scrutiny from advocacy organizations including the ACLU of Hawaii and regional chapters of the Sierra Club. Controversies have involved alleged conflicts reviewed by the Hawaii State Ethics Commission, disputes over easement language tied to Native Hawaiian rights claims, and tensions with county planning commissions in Honolulu and Hawaii County.

Outreach, Education, and Partnerships

The Board collaborates with academic programs at the University of Hawaii at Manoa and community groups such as the Hawaiian Civic Club to promote awareness of shoreline access rights. Partnerships include joint efforts with the Surfrider Foundation, The Nature Conservancy, and county parks departments to host workshops, field assessments, and mapping projects using resources from the Hawaii Emergency Management Agency for resilience planning. Public engagement often features coordination with cultural entities like Aha Moku councils and legal clinics from the William S. Richardson School of Law.

Funding and Administration

Administrative support is provided by the Department of Land and Natural Resources (Hawaii), with budgetary oversight linked to appropriations from the Hawaii State Legislature and accounting standards enforced by the Hawaii State Auditor. Funding streams occasionally include grants from federal partners such as the National Oceanic and Atmospheric Administration and philanthropic contributions from foundations active in Hawaii coastal work. Operational matters—meeting schedules, staff assignments, and rule promulgation—follow procedures consistent with other state boards, often coordinated with the Hawaii State Archives for records management.

Category:State agencies of Hawaii Category:Environment of Hawaii