The Vanishing Coastline: How Access to Hawaii’s Beaches is Under Threat
The quiet closure of a single, unofficial beach access point in Hawaii, as described by a surfer, is a microcosm of a global struggle. It’s a reminder that the right to enjoy our coastlines – a privilege hard-won through legal battles – is constantly evolving and requires vigilant protection. The story highlights a growing trend: the privatization of coastlines, driven by wealth and development, and the increasing difficulty for everyday people to access the natural resources they’ve historically enjoyed.
A History of Hard-Won Access
In Hawaii, as in California, public access to beaches wasn’t simply granted; it was fought for. Legal challenges were necessary to overcome resistance from developers and private landowners who sought to control coastal areas. Hawaii Revised Statutes 115-4 and 115-5 are key to maintaining this access, mandating public pathways and requiring new developments near the shoreline to provide access points. The Na Ala Hele Trail and Access Program further protects traditional routes, some dating back to ancient Hawaiian practices.
The Rise of Coastal Privatization
Around the world, a concerning pattern is emerging. Wealthy individuals and developers are purchasing vast stretches of coastal land, often restricting access to those who don’t own property or have exclusive permits. This isn’t limited to Hawaii; similar issues are surfacing in Mexico, El Salvador, Maine, and New Hampshire. The recent actions of Mark Zuckerberg on Kauai, expanding a large, private compound, exemplify this trend, raising concerns about the impact on the local housing crisis and public access.
The Empty Luxury Home Paradox
A particularly frustrating aspect of coastal privatization is the prevalence of unoccupied luxury homes. Many of these properties remain vacant, their blinds drawn, owned by individuals who aren’t actively engaged in beach culture – surfing, sailing, or swimming. These “absent squatters,” as one observer puts it, exert control over valuable coastal land without contributing to the community or utilizing the resources they possess. Whereas property taxes are paid, the fundamental issue remains: access is being limited for those who truly value and utilize the coastline.
The Role of Vegetation and Landowner Responsibility
Maintaining public access isn’t just about preventing physical barriers like fences. Overgrown shoreline vegetation can also obstruct pathways. Hawaii law requires coastal landowners to maintain vegetation along their property to ensure it doesn’t impede public access. Intentional obstruction of beach transit corridors is a misdemeanor offense, and the Department of Land and Natural Resources can require landowners to remove encroaching vegetation (HRS §115-5 (b)).
Balancing Private Rights and Public Benefit
The situation isn’t simply about opposing private land ownership. We find examples of landowners using their resources for the greater good. The story of Douglas Tompkins, who purchased land in South America for conservation and turned it into national parks, demonstrates a positive outcome. However, the key lies in intention – whether the interests are self-serving or focused on the public benefit.
The Importance of Civic Engagement and Planning
Protecting beach access requires a “rare trifecta”: strict legal protections, high civic engagement, and well-thought-out community planning. Without these elements, even the most idyllic beach towns can lose their charm, becoming places where “Try to have been here yesterday.” The soul of a place is lost when it’s solely defined by economic value rather than the community that shaped it.
The Therapeutic Value of the Ocean
Access to the ocean isn’t merely a recreational issue; it’s a matter of well-being. Simply looking at the ocean can reduce stress and anxiety, and being in the water offers a unique therapeutic experience. Protecting this access is essential for maintaining the health and quality of life for communities.
Did you realize?
Hawaii’s public access rights extend to the “upper reaches of the wash of the waves” (HRS §§ 115-4, 115-5).
FAQ: Hawaii Beach Access
- Is all of Hawaii’s coastline public? Not necessarily, but the public has a right of access along beaches below the “upper reaches of the wash of the waves.”
- What can I do if a beach access is blocked? Contact your County Planning Department for enforcement (HRS § 115-9).
- Where can I find information about public rights-of-way? An inventory should be available at your County Planning office.
- Are there designated trails for beach access? Yes, the Na Ala Hele program manages and maintains some public rights-of-way.
The future of coastal access depends on continued vigilance, strong legal protections, and a commitment to preserving these invaluable resources for generations to come. What steps will you accept to ensure your favorite beach remains accessible?
