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COASTAL SERVICES CENTER *' , 2234 SOUTH HOBSON AVENUE eT ad bCHARLESTON, SC 29405-2413 The preparation of this report was financed in part by the Coastal Zone Management Act of 1972, as amended, administered by the Office of Coastal Zone Management, National Ocean Service, National Oceanics and Atmospheric Administration, United States Department of Commerce, through the Department of Planning and Economic Development, State of Hawaii. SHORELINE ACCESS MANAGEMENT PLAN COUNTY OF MAUI PREFACE I Maui County's shoreline is among the most beautiful in the state, and offers to the people of the County valuable recreational, scenic, educational and traditional food gather- ing opportunities. While these shoreline areas are protected by a body of federal, state and county laws, it is also impor- tant to focus attention on the means by which these loca- tions can be accessed by the public. All parts of the shoreline are not necessarily accessible or available to the public due to impassable or hazardous terrain, unsafe shore conditions, environmentally sensitive areas, privately owned land, military installations and other security bound land uses abutting the coastline can prevent access. However, there are many coastal areas which offer prime, high level value for recreational, scenic and general enjoyment public uses. This Plan is but one part of Maui County's compre- hensive efforts to identify and develop a management pro- gram for present and future public shoreline accessways. A computerized inventory of existing accessways, and a pub- lic information guide on shoreline access have also been pre- pared in addition to this Management Plan. It is viewed as a starting point for the County and is a pioneering effort in the State of Hawaii to maintain a cur- rent inventory and establish standards for the maintenance and aquisition of coastal accessways for the public's use, njoyment and convenience. In this way, policies can be modi- fied to meet changing times and updated as new informa- tion becom es available . TABLE OF CONTENTS Page Preface .........................................................................................i Chapter I INTRODUCTION .......................................I............................ 1-4 A. NATURE OF THE PROJECT 1. Coastal Zone Management Program 2. Source of Funding 3. Project Components B. SCOPE OF SHORELINE ACCESS MANAGEMENT PLAN 1. Components of the Plan 2. Planning Process II STATUTORY FRAMEWORK ......................................................................................5-26 A. FEDERAL ACTION B. STATE STATUTES AND POLICIES 1. Hawaii State Plan 2. Shoreline Setback Law 3. Public Access 4. Public Access to Coastal and Inland Recreational Areas 5. Rights-of-way to Sea, Game Management Areas and Public Hunting Areas 6. The Hawaii Coastal Zone Management Program and Law C. -COUNTY OF MAUI 1. County Ordinance and Rules a. Subdivision Ordinance b. Special Management Area Rules and Regulations c. Shoreline Setback Rules and Regulations 2. County General Plan 3. Community Plans a. Wailuku-Kahului b. Paia-Haiku c. Hana d. Kihei-Makena e. Lahaina f. Lanai g.Molokai h.Kahoolawe D. LEGAL ASPECTS OF COASTAL ACCESS 1. Ancient Custom Doctrine 2. Common Law Custom 3. Easement by Prescription III INVENTORY OF EXISTING ACCESSWAYS .......................................... 27-57 A. FIELD SHEETS B. COMPUTERIZED DATA BASE C. UPDATING D. INVENTORY SUMMARY E. INVENTORY DATA TABLE OF CONTENTS Chapter Page IV PUBLIC ACCESS GUIDELINES & STANDARDS ...................................... 58-70 INTRODUCTION A. GENERAL PRINCIPLES FOR PUBLIC SHORELINE ACCESSWAYS B. DEFINITIONS C. CRITERIA FOR LOCATION AND DISTRIBUTION 1. Regional Assessment Criteria 2. Site Assessment Criteria 3. Type of Access Required D. DESIGN GUIDELINE AND CONSTRUCTION STANDARDS 1. Access Type 2. Access Type By Land Use Categories 3. Rights-of-Way Widths 4. Corridor and Buffer Widths 5. Treadways 6. Surface Types 7. Treadway Widths and Surfaces 8. Curbs 9. Ramps 10. Stairways and Handrails 11. Fencing E. SUPPORT FACILITIES 1. Picnic Tables 2. Restrooms 3. Trash Receptacles F. PARKING REQUIREMENTS 1. Stall Requirements 2. Stall Dimensions and Paving Requirements G. PUBLIC ACCESS LANDSCAPING 1. Functions 2. General Guidelines H. SIGNAGE 1. Guidelines i. MAINTENANCE 1. Accessways 2. Facilities V IMPLEMENTATION PROGRAM .................................................... 71-87 A. ADOPTION OF POLICY B. MAINTENANCE 1. Maintenance Standards 2. Methods of Financing 3. Public Education C. FUTURE ACCESSES D. SIGNAGE E. LIABILITY ISSUES F. UPDATED INVENTORY G. ENFORCEMENT Bibliography ....................................................................................88 Appendix A. Coastal Right-of-Way Checklist ........................................................ 89 B. Draft Public Access Ordinance .........................................................91 Acknowledgements ...............................................................................94 CHAPTER I INTRODUCTION ~I ~ A. NATURE OF THE PROJECT The development and maintenance of a shoreline ac- cessway system involves various aspects of social, econom- ic, fiscal, and spatial planning. It should link public roads and highways to shoreline space and provide for appropri- ate modes of transportation to, from and within the area site. It is affected by surrounding land use values and will often require coordination with other types of resources management within the immediate area. It should be noted that this plan does not address the management of shoreline resources, which would include public access as one of its features. A management plan for shoreline resources would include at least an assess- ment of an area's shoreline resources, suggestions or recommendations relating to their management and *~ I~perhaps measures to secure access to these identified resources. This plan, the Shoreline Access Management Plan, could be viewed as a component of an overall Shoreline Resources Management Plan. The thrust or focus of this Shoreline Access Management Plan is the maintenance and establishment of linkages between public roads to shoreline resources within the framework of applicable laws and legal issues. This is particularly important in view of Maui County's continuing growth and expand- ing coastal development. 1. Coastal Zone Management Program The establishment of public access to coastal areas is assisted and encouraged by a body of federal, state and county laws and programs. At the federal level, the Coastal Zone Management Program was estab- lished under the Federal Coastal Zone Management Act adopted by the Congress in 1972. Participating coastal states receive assistance and encouragement � through this program to develop and implement local- ized management programs for the protection and ef- fective development of their coastal resources. A partnership between federal and state governments is established through the development of comprehen- sive coastal zone management programs at local levels with federal funding support. Hawaii became eligible for funding under this Act in 1978 when the State's Coastal Zone Management Program was approved by the U.S. Secretary of Commerce. 2. Source of Funding Given Maui County's rapid development and popu- lation growth, spurred by a healthy tourism industry, I 1~~~a systematic way to effectively manage current and fu- ture shoreline accessways through the consistent and continuous application of reasonable standards and guidelines is a needed tool. To that end, an application was submitted for fed- eral assistance funds to conduct an inventory of known shoreline accessways in Maui County; to prepare a complete data base for use by County agencies and to provide shoreline access information to the public. The preparation of this Shoreline Access Manage- ment Plan as part of Maui County's shoreline access project, has therefore been financed in part by the U.S. Department of Commerce through its Office of Coastal Zone Management, National Oceanic and Atmospher- ic Administration. Additional funding was also received from the State of Hawaii. 3. Project Components Maui's shoreline access project includes: * a computerized inventory and 35mm slide trans- parencies of known shoreline and coastal accessways; * public access guide; * a shoreline access management plan addressing maintenance and establishment of county ac- cessways. An inventory of all known shoreline accesses on pri- ? vate and government-owned land has been organized on a computer data storage format to enable quick in- formation retrieval and future updating of new accesses or changes to existing ones. It provides a baseline of shoreline access information including numbers and types, extent of facilities, condition and amenities. Visual depictions of these accessways are provided by 35mm slide transparencies. These slides utilize a ground level perspective and were prepared to accom- pany the computer inventory. A shoreline access guide I . for public use, patterned after successful efforts in other jurisdictions, is meant to serve as a useful and needed A: public information handbook for those accessways clear- ly deemed public. It brings together pertinent infor- I mation relating to shoreline access including location, regulations, safety precautions, and permitted/prohibit- ed recreational activities in one convenient guidebook. Lastly, a Shoreline Access Management Plan for these accessways was undertaken to provide informa- : ;. :~ -:.Ai: : tion on the numbers and types of the County's exist- . :-- .i..i. -: ing shoreline accessways; to determine standards for,:: 2 establishment, design and maintenance including fund- : ing alternatives; and to suggest courses of action for future programs. B. SCOPE OF SHORELINE ACCESS MANAGEMENT PLAN 1. Components of the Plan Maui County's shorelines are among the most varied in the State of Hawaii. This document covers the coastal areas of its three residential islands: Maui; Molokai; and Lanai. The fourth island of Kahoolawe is uninhabited and under the jurisdiction of the U.S. . Navy with limited access. As such, inventory data on this island have not been included. 2 The Plan includes: a. background information on national and local pub- lic policies relating to public access to shoreline resources, including county community plans and legal aspects of private property use and acquisition outside the permitting process (Chapter II); b. an identification and assessment inventory of cur- rent shoreline accessways (Chapter III); c. standards and criteria relating to the location, dis- tribution, design, construction and maintenance of shoreline accessways. The use of guidelines and stan- dards contribute to maintenance levels of current ac- cessways, agency coordination, and consistency as accessway issues occur on a case by case basis (Chapter IV); d. an implementing framework which indudes an on- going maintenance program for existing accessway facilities, including the prioritization of maintenance needs, methods of determining cost identification and manpower requirements; and for future needs, an acquisition program which suggests needed future shoreline accesses and community participation and education programs. While the issue of liability falls outside the scope of this report, some discussion is provided (Chapter V). 2. Planning Process Work began on the project in January 1986. The approach taken included the examination of other county efforts in developing shoreline management plans, contact with various state, county and federal agencies involved with the planning and management of shoreline accessways, and working with profession- al experts and consultants knowledgeable in the field. Public meetings were held to inform the public of the County's efforts in this regard, and at the same time, to gain some understanding and feedback from the community on existing and future accessways in- cluding location, types of use, and condition. These meetings were held over a three month period, from February to April 1986 as follows: February 6 Lanai City, Lanai February 7 Kaunakakai, Molokai February 19 Hana, Maui February 20 Kahului, Maui February 21 Lahaina, Maui April 16 Lanai City, Lanai Citizens were also invited to submit additional writ- ten comments subsequent to the community meetings until March 16. Comments relating to standards for existing and new accessways were especially sought, and have been incorporated in this plan. 3 Data from existing government records relating to accessways were combined with field surveys of exist- ing public accessways along the coastal and shoreline areas of Maui County, excluding Kahoolawe, to veri- fy existence or nonexistence of accessways. An inven- tory checklist was prepared and used relating to size, location, physical facilities and natural attributes; ownership; and other relevant information. The inventory checklist organized existing shoreline access information as follows: a. Location by island, region, and Tax Map Key iden- tification. b. Ownership-whether by easement, right-of-way lot, and whether private or public (county, state, or fed- eral jurisdiction). c. Nature of coastal interest-beach, fishing, picnick- ing, water sports, scenic, or other. d. Specific conditions of accessways including identify- ing signs and landmarks, type and width of access, availability, and nature of parking, types and con- dition of facilities, if any. e. General condition of right-of-way, maintenance, safety hazards, area description. While government records document location, ownership and other data of record, important user in- formation was also added through the series of com- munity based meetings and active field survey of the sites themselves. 4::,~-,iriil~-i-� ftt-:-.~; ~ ii CHAPTER 19 STATUTORY FRAMEWORK I ~~INTRODUCTION Since the early 1970's, government's overall efforts to en- sure the use of coastal area resources has generated a large I ~~~body of law and public policy. Essential to management ef- forts is an understanding of its development, the accompany- ing intent behind it, and the various issues involved. The I ~ ~~purpose of this chapter is to describe the major features of federal, state and county actions regarding shoreline access. A. FEDERAL ACTION I ~ ~~~In 1972, the Congress adopted a Federal Coastal Zone Management Act, Public Law 92-583. It reflected the na- tional interest in the effective planning, management, I ~ ~~~beneficial use, protection, and development of the coastal zones of the several states. The Act authorizes grants to the states to encourage them to exercise their full authority * ~~~~over the lands and waters in the coastal zone by assisting the states, in cooperation with the federal and local governments and other vitally affected interests, to plan and develop management programs for the land and water resources of their coastal zones. These programs include unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance. PL 92-583 encourages coastal states to develop and im- plement localized management programs for the protec- tion and effective development of their coastal resources. Under this Act, each coastal state was to develop its own statewide coastal zone management program, subject to I ~ ~~~the approval of the U.S. Secretary of Commerce. The national program is administered by the U.S. Depart- ment of Commerce through its Office of Coastal Zone Management, National Ocean Service, National Oceanic and Atmospheric Administration. B. STATE STATUTES AND POLICIES Shoreline and coastal areas have added significance for the island state of Hawaii. Surrounded by ocean on all sides, its policy actions reflect the importance and value I ~ ~~~of this environmental feature. A number of relevant state policies affecting shoreline access for the public are con- tained in Hawaii's laws. Among these are: & Hawaii State Plan (Chapter 226, Hawaii Revised_____ Statutes) & Shoreline Setback Law (Chapter 205, Hawaii Revised Statutes) a Access Dedication Law (Sec. 46-6.5, Hawaii Revised Statutes) 0 Lateral Access and Rights-of-Way Acquisition (Sec. 115, Hawaii Revised Statutes) * Rights-of-W ay to Sea and Game Preserves (Sec. 171-16, Hawaii Revised Statutes) 0 Hawaii State Coastal Zone Management Act (Chap- ter 20GSA, Hawaii Revised Statutes) 5 1. Hawaii State Plan (Chapter 226,' HRS)H The Hawaii State Plan was first adopted by the State Legislature in 1978 to improve the planning process in the State, increase the effectiveness of public and private actions, improve coordination among different agencies and levels of government, provide for wise use of Hawaii's resources and serve as a guide for the fu-I ture long-range development of the State. By these ac- tions, Hawaii became the first state in the nation to enact a comprehensive State Plan setting forth goalsI and objectives to guide the state's future development. Much attention is given to shoreline areas as part of the concerns over the environmental impact of con-I tinued population and economic growth. One of its three major goals relates to " . . . A desired physical environment, characterized by beauty, cleanliness,I quiet, stable natural systems, and uniqueness, that en- hances the mental and physical well-being of the people. " I Among the objectives and policies relating to the land based, shoreline and marine resources of the State, the planning and design of activities are to take into con-I sideration the phy'sical attributes of these areas. Com- patible relationships among activities, facilities, and natural resources especially within shoreline areas are to be pursued. Greater accessibility and prudent use of the shoreline for public recreational, educational, and scientific purposes are to be promoted. Priority directions regarding Hawaii's land resources include preservation and improvement of shoreline open spaces and scenic resources and the utilization of Hawaii's limited land resources wisely in order toI insure the protection of the environment and the avail- ability of the shoreline, conservation lands and other limited resources for future generations.I County General Plans are also addressed as part of this Act. The formulation, amendment, and implemen- tation of county general plans or development plansI are to take into consideration statewide objectives, poli- cies, and programs stipulated in state functional plans adopted in consonance with this Act. Within this con-I text, county general plans are to address the unique problems of each county including population densi- ty, land use, transportation system location, public andI community facility locations, water and sewage system locations, visitor destinations, urban design and aill other matters necessary for the coordinated develop-I ment of each county and regions within each county. 2. Shoreline Setback Law (See. 205-31 through 205-37, HRS) I ~ ~~~While the State Plan sets forth broad policies and objectives relating to shoreline resources and public ac- cess, specific laws prevent encroachment onto shore- I ~ ~~line areas. Hawaii's shoreline setback law is part of Chapter 205, Hawaii Revised Statutes, adopted in 1970 to establish land use guidance policies under the State Land Use Commission. Part 1I of this chapter empowers the Commission to establish setbacks along shorelines of not less than twenty feet and not more than forty feet inland from the upper reaches of the wash of waves, other than storm and tidal waves, usually evidenced by the edge of vegetation growth, or the upper line of debris left by the wash of waves. This provides an open space buffer zone between private development and the public beach. The setback area also provides limited protec- I ~ ~~tion of development from storm wave action. Counties may, through ordinance, establish setback lines at a distance greater than that established by the I ~ ~~Commission, thus, assuring preservation of Hawaii's shoreline areas. The shoreline setback line is defined as meaning a line established by the state or the coun- ties running inland from and parallel to the shoreline at a horizontal plane. Provisions are also made regard- * ~~ ~~n the unlawful removal of beach material, permit- ted and prohibited structures within the shoreline area, nonconforming structures and conditions for use, reconstruction and replacement. 3. Public Access (sec. 46-6.5, HRS) Section 46-6.5, Hawaii Revised Statutes, was enact- ed in 1973 and mandates each county to adopt or- I ~ ~~dinances that will require developers and subdividers to dedicate rights-of-way or casements for pedestrian travel for public access from public highways and streets I ~ ~~to beach and mountain recreation areas. County ap- proval of development projects is to be conditioned upon fulfillment of this requirement. The statute also provides that the counties assume the cost of improve- ments to and maintenance of the rights-of-way upon dedication and county acceptance. 4. Public Access to Coastal and Inland Recreational Areas (sec. 115, HRS) HfRS Sec. 115-1 et. seq. deals with the problem of access over privately owned lands as yet undeveloped or developed prior to enactment of the access dedica- tion law (Sec. 46-6.5, HRS). Large sections of some island shorelines are at great distances from the nearest public highways and streets, creating problems of comn- pliance with Sec. 46-6.5. 7 While Sec. 46-6.5 establishes the maximum distance between public rights-of-way as "reasonable intervals," Sec. 115 allows acquisition of lands for public rights- of-way and public transit corridors under the above cir- cumstances by allowing counties to take into consider- ation the topography and physical characteristics of the land. Sec. 115 also clarifies that the right of access to the shoreline includes the right of transit along these shore- lines as long as public safety is maintained, defines the area of shoreline transit, allows counties to establish by condemnation public transit corridors along the makai boundaries of the property lines where the topog- raphy of the land makes public transit along the shore unsafe, allows DLNR to enter into acquisition agree- ments with any county council provided that the county matches those funds appropriatcd by the state legisla- ture, and places the responsibility for development and maintenance of rights-of-way and public transit cor- ridors with the various counties. 5. Rights-of-Way to Sea Game Management Areas and Public Hunting Areas (Sec. 171-26 HRS) Sec. 171-26, HRS is administered by the State Department of Land and Natural Resources, and re- quires that agency to lay out and establish a reasona- ble number of rights-of-way prior to any disposition of any public lands. Public lands is defined for pur- poses of this statute to include all lands or interests in land classed as government or crown lands prior to Au- gust 15, 1895, or acquired or reserved after 1895 by purchase, exchange, escheat or eminent domain. 6. The Hawaii Coastal Zone Management Program and Law (Ch. 205A, HRS) The Hawaii Coastal Zone Management Program, authorized by the State Legislature in 1973 and ad- ministered by the State Department of Planning and Economic Development provides the basis for the State of Hawaii and its Counties to implemcnt the overall intent of the national act. The State became eligible for federal funding upon approval of the program by the Secretary of Commerce in November, 1978. Hawaii's CZM law contains objectives and policies for the program, with specific mention of shoreline ac- cess. Among the stated objectives for recreational resources is the provision of coastal recreational oppor- tunities accessible to the public [Sec. 205A-2(b)(1)(A), HRS]. Providing adequate, accessible, and diverse recrea- tional opportunities in the coastal zone management area are among the policy statements in this law. This is to be accomplished by providing and managing ade- quate public access, consistent with conservation of natural resources, to and along shorelines with recrea- tional value [Sec. 205A-2(c)(1)(B)(iii), HRS]. Chapter 205A also establishes the concept of a spe- cial management area (SMA) as land extending inland from the shoreline and delineated on maps filed with the county and the state. The Legislature found that developments within an area along the shoreline needed special controls to avoid permanent loss of valuable resources and the foreclosure of management options, and to ensure adequate access by dedication or other means to public owned or used beaches, recreation areas, and natural reserves. The preservation, protec- tion and where possible, the restoration of natural resources of Hawaii's coastal zone was declared as state policy. SMA guidelines are set forth to govern the review of proposed developments in shoreline areas, making such developments subject to reasonable "County terms and conditions that will ensure adequate access, by dedication or other means to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conser- vation principles .. ." [Sec. 205A-26 (1)(A), HRS] The guidelines also set forth conditions for develop- ment approval and includes a requirement that it be consistent with the objectives, policies, SMA guidelines, the county general plan and zoning. In the process of reviewing proposed developments, the guidelines fur- ther mandate the counties to minimize, where reasona- ble: " . . . any development which would reduce the size of any beach or other area usable for public recre- ation . .." [Sec. 205A-26 (2)(B) and (C); Sec. 205A-26 (3)(C), HRS]. I 9 C. COUNTY OF MAUI 1. County Ordinances and Rules Key ordinances and rules and regulations at the I county level have been developed relating to shoreline access. These actions implement statutory language designed for the active pursuit of shoreline access ob- jectives at the appropriate local level. These relate to proposed subdivisions, special management areas, and shoreline setbacks. a. County Subdivision Ordinance The State's public access law (Sec. 46-6.5, HRS) mandates each county to adopt ordinances that will require developers and subdividers to dedicate rights- of-way or easements for pedestrian travel from public highways and streets to beach recreation areas. I Maui's Subdivision ordinance, Title 18 of the Maui County Code, imposes such conditions and is ad- ministered by the County Department of Public I Works. This Subdivison Ordinance addresses beach and other access rights-of-way where a subdivision fronts the shoreline or other public recreational areas. Rights-of-way to these areas are to be created at in- tervals of not greater than fifteen hundred (1,5,00) feet, dedicated for public use and have a minimum width of fifteen (15) feet. The subdivider and the County must agree to the location of such rights-of-way. The ordinance allows consolidation of these rights- of-way to provide sufficient vehicular access, park- ing, development of shoreline or other recreational facilities or other public purposes. However, such modifications of standard rights-of-way are to take into consideration terrain features, length of fron- tage, uses of the parcel to be subdivided and other pertinent factors (Sec. 18.16.210) Grading of the entire length of the rights- of-way to its full width and planted with grass or other suita- ble finish as determined by the county is a required improvement of subdivisions having beach or other rights-of-way (Sec. 18.20.110) b. County Special Management Area Rules and Regu- lations State policy in the State's Coastal Zone Manage- ment law (chapter 205A, HRS) makes proposed de- velopments in shoreline areas subject to county terms and conditions to ensure adequate access, by dedi- cation or other means, to publicly owned or used beaches and coastal recreation areas. The county of Maui has established special management area rules and regulations to serve as special controls on de- velopment within the areas along the shoreline and to insure that adequate public access is provided to beaches, recreational areas, and natural reserves. 10 These regulations are administered by the County Department of Planning and describe permit proce- dures, filing and application requirements, criteria for considering the significance of potential environ- mental and ecological effects, hearing and notice re- quirements, emergency permits, application amendments and penalties. The regulations also include objectives, policies and guidelines relating to shoreline access within the special management area which parallel those enumerated in the State CZM Act. One of the listed objectives is to provide coastal recreational opportunities accessible to the public (Sec. 2-8.1.a). This is further reflected in policies adopted which are to be used in the county's review of developments within the special management area. Policies relating to recreation include specific men- tion of adequate, accessible, and diverse recreation- al opportunities in the coastal zone management area by providing and managing adequate public access consistent with conservation of natural resources, to and along shorelines with recreational value. Another policy requires reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits, and crediting such dedication against the requirements of section 46-6, HRS, [Sec. 2-8.2.a.(2)(c) and (g)]. Guidelines for reviewing developments proposed in the Special Management Area are also provided. All development in the SMA shall be subject to reasonable terms and conditions to insure that ade- quate access, by dedication or other means, to pub- licly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles [Sec. 3.a(1)]. Further, no development is to be approved un- less it is consistent with the objectives and policies as enumerated in Chapter 205A HRS and those con- tained in these rules and regulations, and the de- velopment is consistent with the county general plan, zoning, subdivision, and other applicable ordinances [Sec. 3.b(2) and (3)]. The county is also required to seek to minimize, where reasonable, any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the Special Management Area and the mean high tide line where there is no beach [Sec. 3.c(3)]. c. Shoreline Setback Rules and Regulations The State's shoreline setback law (Sec. 205-31, HRS) allows counties to establish setback lines at a distance greater than that established by the State. The purpose section of Maui County's Article III Shoreline Setback Rules and Requlations states: I It~~~~~~~~~~~~~~~~1 "One of Maui's most important natural resources is its shoreline. As the County grows and develops, increasing demands for utiliza- tion of the shoreline will occur. Therefore, itI is imperative to protect the public's right to uti- lize and enjoy the shoreline to the fullest ex- tent possible ... "I It further declares it to be in the public interest to establish shoreline setbacks, and to regulate the use and activities of land within the shoreline setback. Building on the definition of "shoreline" set forth in the state shoreline setback law, the ordinance es- tablishes shoreline setback as all the land area be- tween the shoreline and the shoreline setback line. This line is defined to mean that line established by the State Land Use Commission, or by the County of Maui running inland from and parallel to the shoreline at a horizontal plane but no less than twenty feet (20) mauka of the shoreline. Shoreline setbacks lines are established through- out the County of Maui at a distance of forty feet inland from the shoreline, except under certain con- ditions when it shall be twenty feet. These condi- tions address parcels less that 100 feet wide, less than one-half acre and less than the minimum under ap- plicable zoning, or where the buildable area isI reduced to less than fifty per cent of the parcel area after application of the county setback line and all other state and county requirements. The rules and regulations mandate the location4 and platting of the county's shoreline, and places all public and private construction in the shoreline set- back subject to these rules. Prohibited activities and facilities along the shore- line are listed, along with permitted facilities and con- ditions for approval. 2. County General Plan (June 1980) The Maui General Plan, adopted as Ordinance No. 1052 on June 24, 1980, sets forth broad policies for the county's long range development, including statements of the general, social, economic, environ- mental and design objectives to be achieved through government action-county, state or federal-for the general welfare and prosperity of the people of the county. County policies relating to land use include a re- quirement of coastal land developers to provide both convenient access to beaches and convenient public parking. The establishment of a vigorous main- tenance program of County-controlled beach rights- of-way is stated as part of the county's recreation and culture objectives. It also states that the expan- sion and upgrading of Maui County's beach access facilities are to be accelerated. 12 The implementation process of the County's General Plan includes the creation of a county-wide set of Community Plans which would incorporate relatively detailed guidelines for physical develop- ment in terms of land uses, public facilities and im- provements, and urban design standards by specific county regions. 3. Community Plans As required by the County General Plan, Commu- nity Plans were prepared for nine county regional areas. Planning standards and principles which guided the de- velopment of these community plans were based on General Plan Objectives and Policies. The purpose of the Community Plan is to provide a detailed scheme for implementing objectives and policies relative to the various regions of Maui County. As a guide to decision making regarding develop- ment in a specific region, the plans contain the desired sequence, patterns and characteristics of future develop- ments for the region as well as standards and princi- ples to be followed as development occurs. Planned distribution and intensity of land uses and public fa- cilities are addressed. Of the nine Maui community plans, seven are reflected in this plan. Those for Kahoolawe and Makawao-Pukalani-Kula are not included, the latter being higher mountain elevations without coastal areas. Some background information on Kahoolawe is provid- ed in view of its unique status as a coastal planning region. Pertinent sections of each Community Plan relative to coastal and shoreline access are presented in the fol- lowing sections. For further detail, the Community Plan itself and accompanying technical report should be consulted. 13 a. Wailuku-Kahului (draft 1981) The boundaries of the Wailuku-Kahului region are the northern shoreline from Poelua Bay to Bald- win Park on the north, Kailua Gulch and Lowrie Ditch on the east, Spanish Road to Waikapu Road to Honoapiilani Highway to Pohakea Gulch on the south, and the Wailuku Judicial boundary on the west. Physical aspects of the environment 1) Policy recommendations relating to physical environment include the preservation of sand dune formations throughout the planning region as topographic features that are a significant ele- ment of the natural setting. Recreation and culture recommendations 1) Adequate public access to shoreline recreation resources by pursuing access ways identified by the County. 2) Expand shoreline recreation oppportunities at Kanaha Beach Park by expanding park areas toward Kahului Harbor Government action recommendations 1) Adopt a beach-mountain access dedication ordinance pursuant to Chapter 46, Hawaii Re- vised Statutes. This should be done as part of an island-wide comprehensive mountain and beach access study. By adopting a beach-mountain access or- dinance as allowed by Chapter 46, Hawaii Revised Statutes, the county will have the me- ans to acquire public access to beach and moun- tain resources. This can occur either through eminent domain or at the time land is proposed for development. An islandwide beach and moun- tain access master plan will provide the frame- work for carrying out the provisions of such an ordinance. 14 b. Paia-Haiku (1983) The Paia-Haiku region covers approximately 17,300 acres and is located along the island of Maui's northern shore, east of Wailuku. The northern boundary is the shoreline of the Pacific Ocean from Kailua Gulch to Oopuela Stream; on the east, mauka along Oopuela and Waiakamoi Streams to a point near Hosmer's Grove Campground. The southern boundary runs makai across Kahakapo Gulch and west below Haliimaile Town to Kailua Gulch, and west along Kailua Gulch makai to the ocean shoreline. Physical Environment recommendations call for the preservation of shoreline sand dune formations throughout the planning region as topographic fea- tures that are significant elements of the natural set- ting. Temporary marine sanctuaries at various points along the shoreline to regulate fishing activities are also included. Recreation and Culture recommendations call for the adoption of a beach/mountain access dedication ordinance pursuant to Chapter 46, HRS, and ac- quisition through purchase, dedication or land ex- change a public beach access at Kuiaha Bay. The establishment of coastal parks at Maliko Bay and Pauwela Point, and determination of a suitable lo- cation for a small boat ramp are also included. 15 c. Hana (1982) The Hana region encompasses approximately 100,000 acres in the eastern portion of the island of Maui. The boundary of the region runs mauka from its northern shoreline along Oopuela and Waikamoi Streams, then along the boundaries of Haleakala National Park and the Kahikinui Forest Reserve and finally along Kamole Gulch to its outlet at the southern shoreline of the region. Shoreline related recommendations relating to the physical aspects of the environment include the cre- ation of a fisherman's advisory board to help pro- tect fishing areas. Recreation and culture policy recommendations include the development of a beach and mountain access plan that provides unimproved foot trails for public access to beach and mountain areas. Poten- tial beach access points are at: * Wailua Bay at Keanae I * Honomaele to Kalahu Point � Ulaino * Keakulikuli Point by Hana Airport I * Waipauma Point * Leleola Beach * Makaalae Point * Puuiki side of Waioka * Kakiu At Muolea Point * Maulili Bay * Waiu Bay * Kahailulu Beach 16 U ~~~d. Kihei-Makena (1985) The Kiheci-Makena region extends along the western shoreline of east Maui at the foot of Haleaka- la. The entire southern boundary is shoreline. The region is comprised of four communities: Maalaea, Kihei, Wailea and Makena. The importance of the shoreline and nearshore waters for recreational and scenic value was stressed in this plan, with attention to undeveloped public shorelines that should be developed and maintained for public use and a requirement of beach front de- velopment to provide for public use through ade- quate access and setback provisions. The shoreline environment was recognized as the region's greatest asset needing better resource I ~ ~~management and control. Improved beach access and other supporting facilities at the shoreline were recommended accordingly. I ~ ~~~Recommendations relating to shoreline access include: Physical Aspects of the Environment 1) maintain the long-term viability of shoreline resources for public enjoyment through adequate access, space, and facility provisions, and through I ~ ~~~on-going resource management programs; 2) planning for shoreline development, public set- backs, and public access should consider the cy- I ~ ~~~~clic nature of sand beaches; design should respond to periodic expansions and shrinkages of beach depth; 3) protect the quality of nearshore waters through application of water quality standards to land based discharges, and preserve the shoreline sand dune formations throughout the planning region. Recreation and Culture Recommendations 1) Develop and implement a plan for public access to the shoreline which includes both existing and I ~ ~~~future accessways, based on the location of siq- nificant shoreline resources. 2) Provide adequate landscaped public access to I ~ ~~~~shoreline areas having significant recreational and scenic value along with adequate lateral public ac- cess along the shoreline to connect significant I ~~~~~shoreline areas and to establish continuity of the public shoreline areas. Particular attention should be directed toward southern shoreline resources from Polo Beach southwards; 17~~~~~~~~~< 3) Develop accessways consistent with the charac- teristics of resources to be reached with adequate public parking for cars placed at the mauka end of accessways. Vehiculhr drop-off points and turn- around areas should be provided adjacent to beach or beach park areas. Vehicular traffic should be confined to assigned areas to avoid ero- sion, damage to dunes, strand vegetation, or other damaging effects to shoreline resources. Where scale of development and public accessways war- rant, public sanitation and recreational amenities should be integrated with planning and design; Government action recommendations 1) Adoption of a beach/mountain access dedication ordinance to assist in establishing public mauka and makai accessways in conjunction with an overall public beach and mountain access master plan to serve as the framework for decision making. 18 e. Lahaina (1983) The Lahaina Community Plan covers the entire Lahaina-Judicial District located on the western slopes and coastal plain of west Maui. Its common boundary with the Wailuku Judicial district begins at the southern shore of West Maui, about 2 miles west of Papawai Point. Beginning at this point, the Lahaina region boundary travels mauka along the centerline of the Manawainui Gulch to the ridge- line of the West Maui Mountains. The boundary then continues in a northerly direction to Eke Crater then due North along Poelua Gulch to the northern shoreline of West Maui. Shoreline related recommendations include the fol- lowing: Physical aspects of the environment 1) protect the quality of nearshore waters through the monitoring of outfall systems to insure that waste disposal discharges meet water quality standards; 2) preserve the shoreline and nearshore environ- ments throughout the planning region as signifi- cant natural elements which should be protected from any adverse development actions; 3) preserve the shoreline sand dune formations throughout the planning region, as these topo- graphic features are a significant element of the natural setting and should be protected from any actions which would detract from their scenic value. Land use recommendations: 1) Establishment and maintenance of a major shoreline-oriented park at Mala Wharf along both sides of Kahoma Stream, continuing northward along the waterfront to the existing culvert; 2) A major new community-oriented park along the south bank of Kahoma Stream and mauka of Front Street to serve the multi-family communi- ty to be cstablished there; 3) Emphasize the public value of the region's southern shoreline areas by maintaining the shore- line makai of Honoapiilani Highway including lands from Puamana southward toward the Pali with the exception of the makai lands at Olowalu, in public open space and park usage for recrea- tional and scenic purposes, and prohibit other uses in this area. Recreation and culture recommendations: 1) Provide resource-oriented regional park facilities and public access along the shoreline for picnick- ing, camping, informal play, swimming, sunbath- ing, and other coastal-related activities; 2) Designate public camping areas along the shore- line from Olowalu to the Pali; 19 3) Ensure adequate public access to shoreline areas with recreational value, including lateral access to establish the continuity of public shorelines. Government action recommendations: 1) Adoption of a beach-mountain access dedication ordinance pursuant to Chapter 46, HRS. This would provide the County with the means to ac- quire public access to beach and mountain resources. This can occur either through eminent domain or at the time land is proposed for de- velopment. An islandwide comprehensive beach and mountain access study and master plan is also recommended to provide the framework for car- rying out the provisions of such ordinance. 20 ...~I ia~r ~n�I :"�, a~~~~~~~ .(~ ~~~ %'0 f. Lanai (1983) The island of Lanai, formed by a single volcano, covers a land area of about 90,000 acres and almost all of the island's residents live in Lanai City which is situated on the central plateau just below Lanai- hale, the volcanic peak. Environmental recommendations concern main- taining Marine Life Conservation District at Manele and Hulopoe Bays, allowing shoreline protection to enhance the availability of the resources and associat- ed wildlife for recreation and study. I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:::: fi Xf0;C:t:j0 I~~~~~~~~~~~~~~~~~~~~~~?f0fo tE n s_ I~~~~~~~~~~~~~~~~~fS :_-I: I~~~~~~~~~<7 LM I~~~~~~~~e f ~~~~~_ I~~~~~~~~~~~~~~~~:0 :7 g. Molokai (1984) The island of Molokai is comprised of approxi- mately 165,000 acres embracing widely varying topo- graphic and climatic regimes. The peninsula of Kalaupapa and some of the surrounding area on the northern coast constitute tax map key zone 6, the County of Kalawao, which is administered by the State of Hawaii's Department of Health. Recommendations include: Physical Aspects of the Environment The preservation of shoreline dune formations throughout the planning region as topographic fea- tures that are significant elements of the natural setting. Recreation and Culture Recommendations 1) The adoption of a beach/mountain access dedi- cation ordinance pursuant to Chapter 46, HRS; 2) Acquire or improve public beach access at the fol- lowing general locations, including proposed foot trails: " . . Moomomi, Ilio Point, Kawakiu Beach, point(s) between Hale o Lono Harbor to Papo- haku, Halena Camp, Kamalo Wharf [proposed vehicular access point], Ualapue Day Park, Manawai, Pukoo Beach Day Park, and point(s) between Papohaku Beach to Palaau via Waikane- Punakoo . . ." 3) Conduct a site location study for flat-bottom type boat launching areas in the East End and a con- crete boat ramp for deep "V" vessels east of Moanui. .; ...��I ~~~22~~I h. Kahoolawe (1982) Kahoolawe is the smallest of the eight main is- lands of the State of Hawaii and is approximately 11 miles long and six miles wide, 45 square miles or 28,000 acres in area. Moaula, the highest point on the island, rises 1,477 feet above sea level and is found near a volcanic crater on the eastern end of other island. The southern and eastern shores of Kahoolawe rise dramatically from the sea, forming steep sea cliffs, while northern and western shores slope back gradually from the ocean. Most of the shore is rocky, except for a few small sandy beaches, especially on the western side of the island. The island is under the jurisdiction of the U.S. Navy and used for target practice. In 1984, four years after the Protect Kahoolawe Ohana filed suit against the U.S. Navy and three years after they sought an injunction to stop the bombing of Kahoolawe, the Ohana and the Navy agreed to a Consent Decree. Some of the conditions of the Consent Decree relat- ing to shoreline access from off island includes set- ting aside at least ten (10) consecutive days for 10 months each for non-military purposes and for the Ohana's access to the island and to allow access to government agencies conducting studies of the island. Technically, a different kind of beach access characterizes Kahoolawe which does not diminish the importance of access to the island. Emphasis at the present time, however, focuses on activities such as erosion control, tree planting, restoration of ar- chaeological sites, revegetation, and the conduct of religious, cultural, scientific and educational ac- | tivities. D. OTHER LEGAL ASPECTS OF COASTAL ACCESS While there exists a large body of public policy regard- ing shoreline access programs and requirements, these are directed at new or proposed development of private or public land. The permitting process enables the as- surance of beach access as part of any proposed change or development in the County Special Management Area. However, a number of relevant issues arise where dis- putes occur regarding acquisition and use of accessways over privately owned land that derive from custom and use, or predate codification. Some of these issues are described herein. Questions over public entitlement to particular rights- of-way over privately owned land usually require court action. The State or County could attempt to acquire rights-of-way through condemnation proceedings. However, such action results in large public expenditures for compensation to private land owners. On the other hand, the State, the county, and private parties represent- ing the public in a class action may bring law suits to recover public coastal accesses. Public access issues usually invoke several legal the- ories relating to easements and rights-of-way. Some of the more commonly known issues and relevant case law is described below. The substance of this discussion is derived from Public Access To The Shoreline: Legal Aspects, County of Hawaii Planning Department, 1982. 1. Ancient Custom Doctrine. Hawaii's land use laws are unique in that they are based on ancient (Hawaiian) tradition, custom, prac- tice and usage [Application of Ashford, 50 Hawaii 314, 315, 440 p. 2d 76, 77 (1968)]. Ancient "Hawaiian usage" is considered to mean usage existing prior to the incorporation of the English common law in Hawaii in 1892 [Id. at 425, 479 p. 2d at 204]. The substantive aspects of the ancient custom doc- trine permits the court to find Hawaiian property rights which are outside the common law. The idea of "reasonable necessity" is also cited in rights-of-way dis- putes. In a 1969 case, Palama v. Sheehan, the court ad- mitted testimony by longtime residents on the location of trails used by their parents and grandparents. [50 Hawaii 298, 301, 440 p. 2d. 95, 97 (1968)] The Court held that the defendants, kuleana holders, were enti- tled to a right-of-way over the plaintiffs' land based on two theories: 1) ancient Hawaiian custom and 2) reasonable necessity. 2. Common Law Custom. Common law custom is based on ancient English custom recognizing land rights before a system for recording land rights had been devised [See Post v. Pear- sall, 22 Wend. 425, 440-41. (N.Y. Ct. Err. 1839); Public Access to Beaches: Common Law Doctrines and Constitution- al Challenges, 49 N.Y.U.L. REV. 469, 375 (1973)]. It is based on the belief that a usage which had endured 24 for centuries must have been founded on a legal right conferred in the distant past [Id.] and so should be recognized even though never formally recorded. In State ex rel. Thornton v. Hay, [254 Ore. 584, 462 p. 2d at 671 (1969)] the Oregon Supreme Court found that the public was entitled to recreational rights in the beach without regard to the title of record held by pri- vate landowners. The court held that a public use was sufficently immemorial if it could be traced back to the dawn of an area's political history, even if that were only a century ago. In Hawaii, this would mean ex- tending the custom back to the organization of the government in 1846 rather than 1892 to establish an- cient Hawaiian custom. In one of Hawaii's seaward boundary cases, County of Hawaii v. Sotomura the Hawaii Supreme Court favora- bly cited the customary right doctrine employed in Thornton. While the Ashford decision was a judicial recognition of the longstanding public use of Hawaii's beaches to an easily recognizable boundary, in citing the Thornton case the Court interpreted public policy as favoring extending as much of Hawaii's shoreline as is reasonably possible to public use and ownership [County of Hawaii v. Sotomura, 55 Haw. 176, 181-182 (1973)]. 3. Easement by Prescription. Prescription is a common-law theory dependent upon statute and is a mode for acquiring title to incor- poreal hereditaments, such as easements and rights- of-way by long continued use and enjoyment. [2 Thompson, Real Property 140-141, Sec. 335, Sec. 337 at 158. (1980); Town & Yuen, Public Access to Beaches. A Social Necessity, 10 HAWAII B.J. (1973) at 18] In general, the requirement for prescription are iden- tical to those of adverse possession, though the two the- ories differ from one another. Adverse possession is a corporeal, i.e. tangible and material, interest in land based on possession which results in a change of title. A prescriptive interest is an incorporeal interest, non tangible and non material, acquired by the manner of use. The prescriptive period in Hawaii, as set by law in 1973 is twenty years [HRS sec. 657-31]. In Tagami v. Meyer [41 Hawaii 484 (1956)] the Court followed the general rule [see 2 Thompson, Real Property 189-200, Sec. 340 (1980)] in setting out the elements for estab- lishing an easement by prescription and stated that the use and enjoyment must be adverse, under a claim of right, continuous and uninterrupted, open, notorious and exclusive, and with the knowledge and the acquies- cence of the owner of the servient tenement and must continue for the full prescriptive period (Tagami v. Meyer, 41 Hawaii, 484, 487-488 (1956)]. 25 Use is considered "open and notorious" if the real owners have actual knowledge or a reasonable oppor- tunity to learn of its existence [2 Thompson, RealI Property at 193- 194, Sec. 340; Town and Yuen at 20]. To be "open" the use must be without attempted con- cealment by the users. "Continuous and uninterrupt- ed" means use not interrupted by the acts of the owner of the servient estate and no voluntary abandonment by the person(s) claiming the easement. Since most easements on public land can be obtained by dedication, real or implied, a question of "stand- ing" arises over whether the general public can acquire a right of passage by prescription [2 Thompson, RealI Property 207-2 14, Sec. 342 (1980)] Under the lost grant theory a grant presupposes a definite and certain gran- tee and the public is thought to be too indefinite a groupI to be a grantee (Id). Most courts, however, do apply the doctrine of prescription to public roads based either on common law or statute (Id).I In Hawaii, the statutes governing public roads deal with dedication or surrender by the owner rather than with prescription (HRS 264-1). The issue as to whether public riglhts to easements can be acquired by prescip- tion has not yet come before the Hawaii Supreme Court. (In 1977, the Ninth Circuit court of AppealsI affirmed the decision of the District court in Jones v. Halekulani Hotel that the state of Hawaii had acquired an easement by prescription over the top of the sea- wall and thus had the sole duty to maintain the sea- wall. In that case, a private citizen sued the Hotel for breach of duty after he dove off a seawall on the property into shallow ocean water thereby fracturing his neck.) 26~~~~~~~ U ~~~CHAPTER III INVENTORY OF' EXISTING ACCESSWAYS An inventory of some of the existing and potential shore- line accesses has been gathered by the County over the years. I ~ ~~Much of the data is contained in reports, maps, and docu- ments developed for shoreline related projects and/or govern- mental studies. Additional information was gained by on-site inspection and through public interaction. The effort reflected in this Plan, however, represents the first time that the previously-developed and new data have been compiled into one easily, accessible system. The sys- tem is computerized, making efficient entry and retrieval of the new information and data possible and with a higher probability of accuracy. To identify these sites, records and maps at the County were reviewed. Futhermore, public informational meetings were held to secure additional public thoughts on the loca- I ~ ~~tion of the existing and proposed accessways. Almost all of the data included in this section were veri- fied by on-site or "field" assessments. Unfortunately, to meet I ~ ~~~publication deadline, some sites were not verified on the field. They have been included to reflect, even with only partial information, as many known accesses as possible in this mi- I ~ ~~ventory. This list be continually updated and unreported accesses should be included. The use of the prepared computerized I ~ ~~database will help simplify this ongoing process. A. FIELD SHEETS A Coastal Right-of Way Inventory Checklist was used to identify the characteristics of all known coastal accesses in the inventory (Appendix A). This checklist was deve- loped together with the County. The intent behind this checklist was to assure a consistent review of all accesses. Information entered on the checklist included tax map key identification; general locational and user informa- tion; specific accessway conditions particularly number and visibility of signs; the types and widths of the access; parking availability; facilities at the site,; and other general observations (landmarks, hazards, etc.). Field surveys were undertaken for each access identi- fied in the document search and actual photographs were also taken. The photographic record should complement the data base records, as well as provide a means of evalu- ating any changes to the coastline. B. COMPUTERIZED DATABASE Information from the checklist has been entered on to a computerized database program. Some modification and condensing of information were necessary to establish a user efficient database without repetitive or cumbersome information. The database may be easily expanded or cross- I ~ ~~~referenced to allow additional data input or updating. It will also allow easy access to the inventory by staff per- sonnel for quick retrieval of various types of shoreline I ~ ~~~~access information. 27 C. UPDATING This database should be updated on a systematic and timely basis to keep the data current. Since more than one agency serves as a collection point for shoreline access information, the responsibility for database updating and input should be placed with a single agency or a desig- nated section within an agency for input control and data consistency. Periodic field inspections by the designated agency or maintenance agencies such as the Department of Public Works or Department of Parks and Recreation should be conducted. Any changes to existing accessway condi- tions should be entered on a field worksheet and the data- base modified accordingly. D. INVENTORY SUMMARY The following public shoreline access database contains 203 records categorized by tax map key, island, planning region, ownership, and other locational criteria. Access data, shoreline characteristics, and a facility inventory are also part of the database. While most of the database has been verified in the field, approximately 40 additional records have not been field surveyed. As such, accurate summaries involving access dimensions, number of parking stalls, and the avail- ability of support facilities cannot be determined until the database is updated in the future. Of the 203 recorded accesses, 20 % are privately-owned or controlled. Nine of these are located on Maui, three on Molokai, and seven on Lanai. Approximately 31 % of the accesses are improved with asphalt or other type of pavement, although 40 % of all accesses are without any type of facilities (restrooms, water, picnic tables, etc.). Many accesses are merely road- way lots which do not have appropriate off-street park- ing. Very few accesses have adequate signage, except those which are located within resort complexes. E.INVENTORY DATA 28 ,gzs.,Dm Z, t 0~ ~D e -IMN~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~i NN - IN~~~~~~~~~~~~~~~~~~~~~~~~~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~INH -o~~~ ~ ~ ~~ t -I. CV - \ H )&tt >. c�KI .Z$tttAt NN\ N4N5N?' � U: "' N* Nt N" >44N N "4 44N xN4 k NN\t4Ntxv% 44K'. K $ '' >42 '. 44 N" N N I I I I I I I I I I I I I I 30 I * IIj I I I * WAILUKU - KAHULUI I E_ I I ____ ______ _______________ U -=-Zz2i____ N- - -_________ - jI? - -- - - I - 4 - - - - - - - -- 7Zzz:iZj-V - 4r 4 - -' I __ ___ - - - - I I I I * 31 Nailuku-Kahului 01-01-1980 Page 1 01-01-1980 TaxMapKey Island Location Pin Ownership Signs AccessType Imprvd/Unimp SurfaceType Width ParkingCon No. Parki Shoreline Restroom Showers PicnicFac TrashReop Water Phone Lifeguard Features 4-1-001:009 Maui Owaluhi Gulch W4-K MauiLand&Pine 0 vertical U dirt 10 grass 0 rocky - - - --01 3-1--00~3:005 Maui Honanana Stream N-K State 0 vertical U dirt 10 grass 0 rocky . . . . . -- 02 3-1-002:016 Maui Awalau Gulch N-K State 0 vertical U dirt TO grass varies rocky - - -n - - 3-1-004:006 Maui Kahakuloa N-K State 0 vertical U gravel 10 none 0 rocky . . . . . . - 04 Proposed park 3-2-002:001 Maui Naihee Stream N-K WailukuSugarCo. 0 vertical U dirt;4W0 10 dirt 0 rocky . . . . . . - 05 Partially obstructed w/ hci,!ders 3-2-010:001 Maui Waihee Farm N-K WailukuSugarCo. 0 vertical I pave 18 off rd 20 rocky - -+ . . . . - 06 Off Halewalu Pl;no camaping;diving and s 3-2-013:006 Maui Naihee Beach Park M-K State 1 vertical I pavement 12 pavement 40 sandy + - + + + - - 07 3-2-013:019 Maui Naiehu Beach Park N-K Cty 0 open I pavement 18 pave/gravl 25 sandy + + + + - - 08 Adjacent to Naiehu Golf Course 3-2-013:025 Maui Waiehu Beach Park W-K Cty 1 open I paved 18 paved 50 sand/rock + - + + - - - 08 Surfing;poor maintenance 3-3-001:051 Maui Naiehu N-K Robert Such 0 drain esmt U dirt 12 off rd 10 sand/rock . . . . .. Og -0 3-4-028 Maui Kailana St N-K County vertical I pavement off road varies sand/rock . . .. - lO --1 3-4-028 Maui Kaikoo St W-K County vertical I pavement off road varies sand/rock - . . . . . . . - ~1 3-4-02 MaulLinekna P1W-K Cunty vrtica I paementoff rad vares sad/roc ....... I 3-4-028 Maui ainekon P1 N-K County vertical I pavement off road varies sand/rock - . . . . . . - 12 3-4-027:036 Maui Eluene P1. N-K County-Esmt vertical I pavement off road varies sand/rock . . . . . . . - 14 3-4-027:025 Maui Beach Road N-K Cty 0 vertical U paved 12 gravel 20 rocky - . . . . . . . - 15 Proposed North Kahului Harbor ParkI 3-7-001:21 Maui Kahului Harbor Park N-K Cty 0 open U gravel open gravel 500 rocky - . . . . . . - 16 Small boat landing; harbor breakwater 3-7-008:017 Maui Kahului-Hoaloha Park N-K A&8 1 open I paved 18 paved 60 sand + - + + + - - 17 3-7-008 Maui Puunene Ave N-K State 0 open U paved 18 unimpved 50 sand . . . . . . - 18 Canoe paddieing; boat/canoe sheds;litte 3-8-001:119 Maui Kanaha Beach Park N-K State 2 open I pave 20 pave 100 sand + + + + + + - 19 Major beach park; windsurfing 3-8-001:019 Maui Kahului-Kahana N-K State 0 vert/lat U dirt/sand 16 gravel 50 sand - - - ----20 Access through Kahana Beach Park;windsu 3-8-002:054 Maui Sprecklesville N-K State 0 vertical U dirt/gravel 8-10 dirt 25 sand - - --- --21 3-8-002:034 Maui Laulea P1 N-K A&B 0 vertical I/U paved/gravl 10 gravel 40 rock - - --- --22 Nindsurfing;private property sign;no caI 3-8-002:001 Maui Sprecklesville N-K Cty 1 vertical U dirt 10 dir 6-10 sand . . . . -- 23 Esmt off Nonohe St. 3-8-001:199 Maui Kealakai P1 N-K County 0 open I paved 14 off rd 50 sand . . . . -- 24 (Baby Beach) TOTAL TOTAL Printed 25 of the 205 records. Printed 25 of the 205 records. .... . ~' .. ,... � . . :~ .., .... ~ ~ ~ ~ ~ ~ ~ ~~~ i~~~~~~~~~~~~ ,~~~~~> m 6~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 32I 0"^t4AuHf SUL-CH I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~rI ~~~~~~~~~~~~~~~~~~~~~~~~~~Ir' I~~~~~~~~~~~~~~~~I I~~~~~~~~~~~~~~~~~~~~~~~~~I 2 ~~~~~~~~~~~~~~~~~~~~~~~~~IM I~~~~~~~~~~~~~~~I. ~~~~~~~~~~~~~~~~~~~~~~~~I. 'N~~~~~~~~~~~~~~CKI H HI~~~~~~~~~~~~~~~~~~~V^L UK KNHLU PL-ANNINS RESION I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~33 .fl rk.J7*- -. - - s.*. IWSrCt *... 1 I I I I I I I I I II I I I I I I 34 I I I I I HAIKU - PAJA I i7 -I___ I - I _ c2 ___ I __ I I I I I - I I I I I 35 m Paia-Haiku 01-01-1980 Page 1 01-01-1980 TaxMapKey Island Location Pln Ownership Signs AccessType Imprvd/Unimp SurfaceType Width ParkingCon No.Parki Shoreline Restroom Showers PicnicFac TrashRecp Water Phone Lifeguard Features 2-5-005:046 Maui Paia-H.P.BaldwinPark P-H Cty lease A&B I open I paved 16 unimpved 100 sand + + + + + + + 01 8BQ;soccer field;camping 2-6-002:015 Maui Lower Paia Bay Park -P-H Cty 0 open U pavement open off rd 15 sand + + - + - 02 Access to park blocked by fence 2-6-002 Maui Ae Place P-H Cty 0 vertical U dirt/gravel 3 none 0 sand - - - - - 03 2-6--004 Maui Loio Rd P-H Cty 0 vertical U gravel 8 off rd 8-10 sand - - - - - - - 04 Near cemetary 2-6-008:010 Maui Lae P1 P-H Virginia Kaiama 0 vertical U dirt 10 off rd 6 sand - - - - - - - 05 Near cemetary 2-6-010:028 Maui Kuau P-H John Oavids 0 vertical U dirt 4 off rd 4-6 sandy - - 06 Across Kuau Pump Station 42 2-6-009:002 Maui Kuau P-H A&B 0 open U dirt open gravel 40-50 sand/rock - - - - - - 07 Kuau Pump Station I3 2-6-011 Maui Malie P1 P-H State 1 vertical U dirt 5 off road 0 sand - - - - - - 08 2-6-012 Maui Aleiki PL 1 P-H Cty 0 vertical I/U paved/dirt 12/3 dirt varies rock/sand - - - - - - -09 2-6-012 Maui Aleiki P1 2 P-H Cty 0 vertical I pave/dirt 14 off road varies sand/rock - - - - - - - 09 2-5-004:024 Maui Hookipa P-H Cty 0 open U gravel open gravel 50 rock/sand - - - - - - 10 Windsurfing 2-5-004:025 Maui Hookipa Beach Park P-H Cty 1 vertical I paved 15 off rd 50 sand + + + + - 11 Major windsurfing/surfing site;pavilion 2-7-004:007 Maui Maliko Bay P-H A&B 0 vertical U dirt off road varies rocky - - - - - - - 12 Boat ramp 2-7-004:009 Maui Pauwela Lighthouse P-H Federal 0 vertical U dirt 10-12 off road 8 cliff - - - - - - - 13 Lighthouse;entrance makai of Pauwela Co 2-9-004:021 Maui Hoolawa Bay P-H State 0 vertical U dirt/gravel 8-10 none rocky - -. . 14 Unaccessible;gate across road over priv TOTAL TOTAL __.......................... Printed 15 of the 205 records. Printed 15 of the 205 records. _ I 36 326 I LOVER I0AIA 0ALY PARK? AMA1LAM~ B4AL-CIK 1- I~~~~~~~~~~~~~~~~-I I~~~~PI AK /L N4NSHEGIONV~ I~~OT IC5,c~~~~oo 5o~~~~ooo r-eu=-r~~I~ I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~3 I I I I I I I I I I N I I I I I I I ~~38 ~I I I I * HANA I __ I -, - J- I _______________ - - - - * ..b. 7 - I I I - - -- -, I I I I I I 39 Hana 01-01-1980 Page 1 01-01-1980 TaxMapKey Island Location Pln Ownership Signs AccessType Imprvd/Unimp SurfaceType Width ParkingCon No.Parki Shoreline Restroom Showers PicnicFac TrashRecp Water Phone Lifeguard Features 1-1-001:021 Maui Honomanu Han State 0 vertical U dirt off road varies rocky - - - - - - - 01 1-1-002:007 Maui Nuaailua Han State 02 1-1-003:066 Maui Keanae Han State 0 open U gravel 10 grass varies rocky - - - - - - - 03 canoe landing and ramp 1-1-003:087 Maui Keanae Han State 0 open U gravel 10 gravel varies rocky - 03 Concrete launch; E.O. to DOT 1-1-003:001 Maui Keanae Public Park Han State 0 Open Unimp grass var grass var rocky 04 1-1-008: Maui Pauwalu Point Han State 05 1-1-006:002 Maui Wailua Say Han State 0 vertical U dirt;4W0 8 dirt 0 rockbeach - - - - - - - 06 End of WailuaRoad;ROW to Walua Stream 1-2-001:035 Maui Nahiku Landing Han State 0 vertical U dirt off road varies rocky - 07 1-3-002:004 Maui Kalahu Point Han HanaRanch 0 vert/lat U grass 8-10 grass 20 rockcliff - - - - - - - 08 Pi'ilanihale Heiau (Natnl Register);Bot 1-3-005:009 Maui Waianapanapa Park Han State 4 lat/vert I pavement 12-14 pavement 30 rocky + -+ + + - 09 Caretakers quarters; cabins; maintained 1-3-007:001 Maui Nanualele Point Han State 0 vert/lat U gravel 10 gravel 4 low rock - - - - - - - 10 access off refuse road;across Hana Harb 1-4-004:032 Maui Hana Beach Park Han County 2 lat/vert I pavement 16 offroad 70 sand + + + + - - 11 pavilions; boat ramp; community center 1-4-003:003 Maui Waipauma Point Han HanaRanch 0 open U grass open paved 30 rockcliff - - - - - - - 12 Across Hasegawa General Store;access by 1-4-002:001 Maui Lehoula Beach Han HanaRanch 0 vert/lat U dirt 10-12 grass 20 sand/rock - - + - - 13 Alau Island;KaiuiO'Pele;hazardous curre 1-4-010:001 Maui Hamoa Beach Han HanaRanch 1 vert/lat I paved 4 off rd 6 sand + + + + + + 14 Major beach facilities;amenities;privat 1-5-010:003 Maui Wailua Han Hanahuli Assn 0 15 1-6-003:001 Maui Oheo Gulch-7 Ponds Han Federal 4 vert/lat I gravel ped 4-6 gravel 60 rockcliff - + + + 16 National Park System;maintained trails 1-7-003:001 Maui Hana-Mokulau Landing Han State 0 vertical U dirt 10 0 rocky - 17 Kaupo Church site 1-8-001:001 Maui Nuu Han Kaupo Ranch,Ltd 0 vertical U dirt 8 U 10 sand - 18 Fishing;cross net 1-9-001:003 Maui Kahikinui Han State-HHL 19 TOTAL TOTAL Printed 21 of the 205 records. Printed 21 of the 205 records. 40 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~mAuI I~~~~~~~~~~~~HNMIL I ?~~~~~~~~~~-1~~~NAPfl Li LM- t~~~~~~~~~-1 ~ ~ ~ ~ ~ '. \N-LL1IA I N)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~SLC I~~~~~~~~~~~~~~~~K-,~4= PUU PARK I~~~~~~~~~~~~~~~~~~~~~-UILUPl-- VqlftJL.U-ftl IB^Y~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~' / '1 ?~~~~~4OkULALJ LHIU LANDDr-4t /)~~~~~~~~~~~~~~~~~~~~~~HIO-M rAL I ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ... --- (~~~~~~~~~~~~~~~~~~~~~~~~~~^q II H~J~4A ~-l-t 1~AJ~S HA~NA, PLANNINS RC-ION N N.~~ 12 Ij~~ut'-1,~~ 10o~~r-4--r NO?~~PI1 I ~~~~~~~ PE~~~~~~~~~1 I I I I I I 2 2, 2,2 44 2 2 * 22- -4 2 <222 24#:24s< 22 2 2,4 24% 4r 44' 4422*42 2,, 222 ,4 442 444'24'-- t"''�-s2 42,22424222 22422* 4-222 22t*-22 22 <2 --24- 2 2' 24,& 2,24 22,2 2' 2<224 222 22* 4222<> 22.2.222 2jfr442/224..>.4**... >2c224> 2,2 2'- 222 >2>2*22 I 4 2, z; tt-$ 7v;�IL�2 ;z.;;- $�:. i 424242.27422222442 22<.. 2>4*2.22 44 27j4g,224 -- 2>224- 222242 4. 22,j A- *2 2 . 42-24444'4..\Q-2 22.'2>1-. 2.22'.2.2.4.2242>- >2422242 ----4 ,, 2 22< '42 222 2 .2>4*22 2,,. 22422 2> 22 442222222>222 2 /2 - 2- 224>2/444224>224*1 2'22442222>2'> 2 22 2*242224' 22 22-2 22* , - 224 '' *4j 2 222 222 - 22 4,2. ,...4.2,,2..2...>24.2'2"22�2 242\224 <4, >4'22'2 222" 22.2222 .22 22222222222*22 2*2.22 <222422422 22 * . >� .2 > 222,, 2 -,, 22222 2 , 4424fQ42V22444 2-2-22 222 . 224' 224224' 22. 42. >2424444-k'441 .222 .222 22 -* 2,2.-. 2<- I I I I I I I I I I I KIHIET - MAKENA I I ___ I I Z2. - I I I I I I I 43 01-01-1980 Kie-aeaPage 1 0018 Tax~ap~ey Isand Locatio Pin Ownersip Signs Accss~ype Imprd/UniPpaSuraceoypeNWidtaPkrkSngorelinear R esShreliShoRestsoPiShoiers iTniashceTrshaetprWaterPeonefeifardrdFFetture ~~~~~~~~~~~~~~~~~~~~~.. �.................................................. 2-1-004:075 Maui La Perouse K-N State 0 vertical U gravel 10 gravel 5 sand . . . . . . --0 ajcettoWR 2-1-004:073 Maui Ahihi-Kinau WARS K-N State-OLNR 1 vertical U gravel 10/6 gravel 10 rcy ----- --0 ..26 2-!-006:012 Maui Makena-Ahihi Bay K-N RCrandlemire 0 vertical U sand 6 ofr ad---- --0 edddcto o opeeosrce off rd4 s a n . . ... 03 Rqd d eictonocopteosrte 2-1-006:027 Maul Nakena-Big Beach K-N SeibuHawaii,Inc 0 vertical U dirt 12 dirt 12 sand ... . . - -- 4Popsd akcapn 2-1-007:094 Maui Nakena K-N Seibu 0 open U sand var sand ... . . . - 5 akngo 2100:1 2-1-006:030 Maui Nakena-Mooiki K-N State 0 vertical U dirt;4WD 15 off rd 40 sand .....- -06PuOlihav s 06 PuuOlai~havy us 2-1-006:032 Maul Makena K-N State 0 vertical U dirt 8 off rd 10 sand - --+- --0 2-1-006:059 Maui Nakena Say K--N Seibu 1 vertical U sand var off rd 5 sand . . . . . . - - 0 2-1-007:010 Maui Makena Landing K-N State 1 open I sand var paved 21 sand ... . . . --0 arigfr --0:04 l ba ad 2-1-007079 Maui~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~o Parkina Surf K-1-0:N4 Cl oanyst vetclsandy1UnecosrtioI 2-1-007:095 Maui Makena Surf II K-N County-Esmt vertical sandy 11 Under construction 2-1-007:095 Maui Nakena Surf III K-N County- Em vertical sandy 11 Under construction 2-1-007:095 Maul Makena Surf III K-M County vertical sandy 11a Under construction~~~~~~~~~~~~~~~~~~~~~~1 2-1-007:072 Maui Poolenalen~, Beach K-M County 12 2-1-007:084 Maul Poolenalena Park K-N County 1 2-1-011:013 Maui Palauea Beach K-N PataueaBchPro lat/vert U sandy 13 2-1-023:003 Maui Nakena-Polo Beach K-N Cty 1 vertical I concrete 5 paved 20 sand + + -++ --1Welmitndhaicpdrsros 2-1-023:003 Maui Nakena-Polo Beach K-N Cty 1 vertical I concrete 5 paved 20 sand + + -++ --1 elmitie~adcpe etom 2-1-008:089 Maul Wailea Beach K-N Cty 1 vertical I paved 16 paved 40 sand + + -+ + - - 16 Drop-off parking area 2-1-008:088 Maui Ulua Beach K-N Cty 1 vertical I paved 18/5 paved 40 sand + + -+ + -- 17 connect w/ lateral access to Stouffers 2-1-010 Maui Keawakapu Beach Park K-N Cty 1 vertical I paved 20 paved 24 sand - + -++ - -18 Off Kihei RdI 2-1-010 Maui Keawakapu Beach K-N Cty 1 vertical I paved 6 paved 65 sand - - - +lg -1 Pkg on 2-1-021:001(20 stalls) 3-9-004:061 Maui New Kihei Boat Ramp K-N State 0 open I paved 20 paved 125 sand/rock - - --- +' - 20 Kalauaihihakolo Boat Ramp 3-9-004:001 Maui Kamaole Beach Park K-M. State open U sand sand 21 3-9-004:048 Maui Kamaole~eachPark III K-N Cty 1 vertical I paved 20 paved 90 sand + + + + + ++21 Major park;extends to 3-9-005:032,029 3-9-005:029 Maui KamaoleBeachPark II K-N County 22 3-9-005:030 Maui KamaoleBeachPark I K-N Cty 0 vertical I paved 20 off rd 46 rocky + + + + + + 23 Major beach park;extends to 3-9-005:29 3-9-005:03? Maui CharleyYoung's Beach K-N State vertical I pavement off road varies sandy - + - - - --24 3-9-05:52 aui Old Kehei Ramp K-N State 0 open U gravel var paved 40 rocky - - +-- - -2 omrba apsoeierifre 3-9-005:052 Maui Kalama Beach Park K-N State 1 open U grass open paved 212 rock + + + + + +-26 Active park;fids;pavilions;tennis court 3-9-01'2 Maui Kihei-Waimahaihai P1K-N Cty vertical U gravel off road varies sandy - - --- --27 3-9-011 Maui Kihei-Kuola P1 K-N Cty 1 vertical U gravel 10 off rd 10 sand - - - -- --283 3-9-011 Maui Kihei-Keolaiki Place K-N Cty vertical U gravel off road varies sandy - - - -- --29 3-9-010 Maui Kihei-Welakahao P1 K-N Cty 0 vertical Ipae20ofr vris an---- -30Ndmitnnc 3-9-010 Maui Kihei-Kauna P! K-N County vertical Ugrvlofoa vris any ----- --3 3-9-009 Maui Kihei-Waiohuli P1 K-N County vertical U gravel off road varies sandy - - - - - --32 3-9-009 Maui Kihei-Lipoa St K-N Cty 1 vertical Udit3ofrd 2sad ----- -3 3-9-008 Maui Kihei--Keolanui P1 K-N Cty 1 vertical U sand 12 off rd 6 sand - - - -- --34I 3-9-008 Maui Kihei-Keolahou P1 K-N Cty 1 vertical U sand 12 off rd 6 sand - - --- -- 35 3-9-007:005 Maui Keokea Beach Hrnstds K-N County 0 vertical U gravel off road varies sandy . . . . -- 36 3-9-008:001 Maui Keokea Beach K-N County 3ff 3-9-009:011 Maui Keokea Beach K-N County 36 3-9-001:001 Maui Kihei-Wa-ipuilaniPark K-N State 0 open U grass- var paved 19 sand + - + --37 3-9-001:006 Maui Luana Kai Condo K-N County 1 vertical I asphalt '4 off road 10 sandy - - - - - 38 3-9-001:068 Maui Kihei-KoaLagoonCondo K-N County vertical 39 3-9-001:147 Maui Kalepolepo Park K-N County 1 open ! paved paved 9 sandy - + + + -- 40 3-9-001:025 Maui Kihei-Memorial Park K-N State 1 open U sand open paved 10 sand + - +-+ 41 Parking b/u unto road 3-8-013:001 Maui Kihei Memorial Park K-N County 1 open I pavement 16 pavement 40 sandy + + + + -- 41 pavilionI 3-8-013:002 Maui Kihei Wharf K-N State 0 open U sand open off rd 20 sand - - -.-- - -42 Windsurfing;sailing:canoe 3-8-005:003 Maui Kihei Flats K-N A&B open U dirt/sand var dirt/sand varies sandy - ---- --43 3-8-005:032 Maui Naalaea K-N Cty 0 open U sand open off rd 10 sand + + - -- --44 Windsurfing;end of rd 3-8-014:016 Maui Na~laea--Laulo~ Condo K-N Cty 0 vertical I paved 20 paved 10 sand + + -++ - - 45 Lauloa Naalaea condo;Sailing;windsurfinI 3-6-001:002 Maui Maalaea Wharf K-N State 1 oprIpvd2pae 85mnde +- -+- -4Sal bathbr 3-5-001:006 Maui Kapoli K-N State open U dirt dirt varies rocky . . . . - - 47 Off Honoapiitani Hgwy 3-6-001:020 Maui Kealaloloa K-N State open U dir't dirt varies rocky . . . . - - 48 Off Honoapiilani Hghwy TOTAL TOTAL Printed 54 of the 205 records. Printed 54 of the 205 records. 4 I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I I~~~~~~~~~~~~~~~~~~~~~~~~~~~a 10-k-e Q ~ ~ L~1~ HIMF4^/i I~~~~~~~~~~~~~~P Y(1ALJ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I, I e- ,-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~4 K I I I I I I I I I I A'. <AC I 4\ .Y'� I I I 46 I I I I I LAHAINA I 'f I I /j7&z I _____ I I _ - - __ I ___________ ______ I _ ________ - - ------ I I I I I 47 I Lahaina 01-01-1980 Page 1 01-01-1980 TaxMapKey Island Location Pin Ownership Signs AccessType Irnprvd/Unimp SurfaceType Width ParkingCon No. Parki Shoreline Restroom Showers PicnicFac TrashReop Water Phone Lifeguard Features 4-8-002:003 Maui Papalaua WaysidePark Lah State 1 open ! paved 20 paved 15 sand + - + + - - -01I 4-8-002:031 Maui UkumehameWaysidePark Lah State 1 open I pavement pavement 40 sandy + -+ + + - -02 4-8-002:041 Maui Ukumehame Beach Par'k Lah State 02 4-0-003:006 Maui Olowalu Lah State 0 open U off road off road sand . . . . - - 03 surfingI 4-8-003:005 Maui Olowalu Lah State 0 open U off road off road sand . . . . . . - 03 surfing 4-?-001:017 Maui Laniupoko State Park Lah State 1 open I paved paved 35;2 bus sand + + + + + + -04 No camping 4-6-033:001 Maui Puamana Beach Park Lah Cty 1 open I paved 20 paved 30 sand - -+ + - - -05I 4-6-028:054 Maui Puamana PUD Lah Cty vertical I pavement off road varies sandy . . . . - - 06 4-6-003:018 Maui Puamana Lah County vertical U dirt off road varies sandy ... -O? - -0 4-6-002:002 Maui Kauaula St Lah Cty 2 vert/pedes I paved 6 none 0 sand - - -+ - - -08 Two blocks S. of Lahaina Shores 4-6-002:007 Maui Lahaina Shores Lah Cty 0 vertical i paved 4 none 0 sand - - - + - - -09 Adjacent to Lahaina Shores condo 4-6-002:010 Maui Armory Park Lah Cty 0 open I paved 20 paved 24 sand - - + + - - - 10 Pavilions 4-6-001:002 Maui Lahaina Harbor Lah State 0 open I paved 20 paved 50 man made - - - + - + -11 Small boat harbor; also 4-6-001:014 4-6-009 Maui Lahaina Sea Mall Lah County 0 vertical I concrete 6 none none rock - . . . . . . - 12 Steps off wallI 4-5-004:002 Maui Puunoa P1 Lah Cty 2 vertical I paved 25 paved 4 sand - - - + - - - 13 4-5-004 Maui Ala Moana St Lah Cty 0 vertical I paved 25 paved varies sand . . . . . . - 14 Adjacent to Lahaina Jodo Mission; cemet 4-5-005:003 Maui Mala Ramp Lah State 0 Open I [paved 20 paved 30 manmade - - - + - - -15 Small boat launch rampI 4-5-021:007 Maui Wahikuli State Park Lah State 1 open I paved 20 paved 80 sand + + + + + + - 16 4-4-006:047 Maui Hanakaoo Beach Park Lah Cty 1 open I paved 20 paved 90 sand + + + + + + + 17 4-4-006:031 Maui Hyatt-Kaanapali Lah Cty 1 vertical I paved 4 paved 10 sand -+ -+ + - + 18 S.side Hyatt; attendant controlled park 4-4-006:044 Maui Hyatt/Marriott-Kapal Lah Cty 0 vert/lat I paved 6 paved 10 sand . . . . . - - 19 Between Hyatt and Marriott;entry Kaanap 4-4-006:029 Maui Marriott-Kaanapali Lah Cty 0 vert/lat I paved 5 paved 10 sand . . . . . - - 20 Marriot Hotel 4-4-008:002 Maui Alii/Maul Westin Lah Cty 0 vertical I paved 10 paved 10 sand . . . . . . - 21 Between Maui Surf and Kaanapali Alii; 4-4-008:001 Maui Whalers/Maui Westin Lah County-Esmt 0 vertical I pavement 12-15 pavement 25 sand - --+ - - -22 Under construction w/ Maui WestinI 4-4-008:005 Maui Sheraton-Kaanapali Lah Cty 01 vertical I paved 7 paved 5 sand . . . . . - - 23 S. of Sheraton 4-4-008:007 Maui Airport-Kaanapali Lah Cty 0 vertical U grass 6-12 paved varies sand . . . . - - 24 East of Kaanapali Airstrip 4-4-001:046 Maui Honokowai Park Lah Cty 0 open I paved 15 paved 40 sand + + + + + - -25 No camping;I 4-3-008:006 Maui Mahinahina Lah County vertical U dirt off road varies rocky - - - -- - -26 4-3-002 Maui Napili Hui Dr. Lah State 0 open U dirt open off rd 10 rock/sand . . . . . - - 27 Surfing 4-3-015:005 Maui Hui Road 'E"M Lah County vertical I pavement 14 off road varies sandy . . . . - - 28 4-3-015:004 Maui Alaeloa Lah County 28 Adjacent to Hui Rd "E" 4-3-002 Maui Napili-Napili P1 Lah Cty vertical I pavement 14 off road varies sandy . . . . . . - 29 4-2-001:025 Maui Bay Villas Lah County-Esmt vertical I pavement pavement 26 sandy + + + + + - - 30 Adjacent to Hawea Lighthouse 4-2-001:003 Maui Hawea Point Lah Federal 0 vertical U grass/dirt none none rocky . . . . - - 30 Old lighthouse siteI 4-2-001:012 Maui Kapalua Lah Cty 1 vertical U dirt/grass 10 paved 10 sandcliff - . . . . . - - 31 Ironwoods;adjacent Kapalua Golf Course; 4-2-001:019 Maui D.T. Fleming Park Lah Cty 1 open I pavement 20 pavement 28 sand + + + + + - -32 4-2-001:031 Maui Honokahua Lah MauiLand&Pine 0 vertical U dirt 12 dirt 12 sand . . . . . . - 33 surfingI 4-1-001:010 Maui Honolua Bay Lab MauiLand&Pine 0 vertical U dirt 10 offroad 10 rocky . . . . . . . - 34 Winter surfing site; active water use 4-1-001:010 Maui Punalau Point Lah MauiLand&Pine 0 vertical U dirt 10-15 U 15 sand/cor . . . . . . . - 35 4-1-001:009 Maui Honokohau Bay Lah MauiLand&Pine 0 open U rock open rock varies sandy . . . . . . - 36 Off road parking 4-1-001:014 Maui Makalele Lah Cty 0 vertical U dirt 16 grass 4 rocky - . . . . . . - 37 Coast Guard Light;rock walls 4-1-001:009 Maui Keawalua Lah MauiLand&Pine 0 vertical U dirt 10 grass varies rocky - . . . . . - - 38 Adjacent to Polehua; fenced in areas 4-1-001:009 Maui Poelua Lah MauiLand&Pine 0 vertical U dirt 10 grass varies rocky . . . . . - - 39 Adjacent to Keawalua TOTAL TOTAL Printed 43 of the 205 records. Printed 43 of the 205 records. 48I I~~~~~~~~~~~~~~~~~e a I~ ~ ~~~ ~ ~~ ~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~111'11-LAu vN-0i= PAR 9wr^/ 2.IR UKULJI-*AM! VPAY1E� DA~ PL~~~~~~~~~~~~~~~~~~~~~~~AT~ONNING LANDI I~~~~~~-o MI =-T Un l-IONOAPI~~~~~~~~~~~~~~ L~~~~t-~49 U~~.L I I I ''.''I r: ~LDSa it 0000:S y ; F iiiE I I I I ))It ~~~~~~~~~I I I =~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. - _. I I I I I ,_-w I I I I I I I LANAI I ______ I - ___ I - -� ___ 7-ji1ii 7 - ii7 .'1- - -.- -- U - - -----. -p.- * -.--- I Cq I I I U I I 51 Lanai 01-01-1980 Page I 01-01-1980I TaxMapKey Island Location Pln Ownership Signs AccessType Imnprvd/Unimp SurfaceType Width ParkingCon No.Parki Shoreline Restroom Showers PicnicFac TrashRecp Water Phone Lifeguard Features 4-9-002:001 Lanai Shipwreck Lan Castle&Cook 0 vertical U dirt 8 off rd varies rocky - 01 Proposed park;petroglyph fldsI 4-9-003:010 Lanai Halepalaoa Lan LanaiCorp 0 vertical U dirt;4WD off rd sand - --- - 02 Lanai landing;sailing 4-9-002:001 Lanai Naha Lan Castle&Cook 0 vertical U dirt 10 off rd sand/rock - -- - -03 4-9-002:044 Lanai Hunloe B yLan StasteCo I vert/lat U gravel 20 gravel varies sand 04 M a i n Lif Csrvt D is tr ict 4-9-002:001 Lanai Hanloe ByLan Staste&o 1 vert/lat U gravel 20 gravel varies sand -- - - -04 aieLf 5srainOsrc 4-9-002:001 Lanai Kaunolu Lan Castle&Cook I vertical U dirt 10-12 gravel varies r'ocky' , 06 Recently graded;historic sites 4-9-003:026 Lanai K~aumalapau Harbor Lan State I open I paved 20 paved 40 manmade + --+ + - -07I 4-9-002:001 Lanai Awalua Lan Castle&Cook 0 vertical U dirt 10 off rd varies sand/rock - - - - 08 Camping 4-9--002:001 Lanai Lapaiki L an Castle&Cook a vertical U dirt;4WD 10-12 dirt varies sandy - --- -09 Camping TOTAL TOTALI Printed 9 of the 205 recor~ds. Printed 9 of the 205 records. 52~~~~~~~ Mi~~~tU M A I ~ AIPAV I~~~~~~~~~~~~~~~t <uN - I- ~ T~l ~~AU IV1ALA1 ~ ~ ~ ~ ~ ~ LANIU L-ANDIN ~~~~5 I I I I I I I I I r4 I I I 7:: * A %> I I I I 54 I I I MOLOKAI I 17 1 _- czzzm - ' -4 I I I - I I I I I I 55 Molokai 01-01-1980 Page 1 01-01-1980 TaxMapKey Island Location Pin Ownership Signs AccessType Imprvd/Unimp SurfaceType Width ParkingCon No.Parki Shoreline Restroom Showers PicnicFac TrashRecp Water Phone Lifeguard Features 5-2-005:006 Molokai Mo'omomi Mol State-HHL 0 vertical U dirt 12 off rd 100 rocky - - - - - - - 01 Camping 5-9-001:008 Molokai Halawa Mol State 0 vertical I paved 12 off rd 50 sand + - + - - - 02 Surfing 5-8-002:005 Molokai Honouliwai Mol State 03 5-8-003:001 Molokai Honouliwai Mol State � 03 5-8-001 Molokai Murphys Beach Mol State-HHL 0 vertical U dirt off rd 20 sand - - - - - 04 Surfing;Mapulehu fishpond 5-7-003:070 Molokai Puniuohua Niu MoT State 05 5-7-007:022 Molokai Panahaha Fishpond Mol State t vertical U dirt 8 off rd 15 sand - - - - - - - 06 5-7-010 Molokai Kainehe Rd Mol County 0 vertical U dirt/gravel off road varies sandy - - - - - - - 07 5-7-010 Molokai Kahawai Rd Mol County vertical U dirt/gravel off road varies sandy - - - - - - - 08 5-7-010 Molokai Ehukai Rd Mol County vertical U dirt/gravel off road varies sandy - - - 09 5-7-010 Molokai Moana Rd Mol County vertical U dirt/gravel off road varies sandy - - - - - - - 10 5-6-004:029 Molokai Kilohana-Wavecrest Mol County 0 11 5-6-008:015 Molokai Kamalo Wharf Mol State 0 vertical U gravel 10 gravel 25 sand/rock - - 12 Small boat landing. 5-4-001:040 Molokai Kakahaia Park Mol Federal 1 open U dirt open off rd 30 sand - - + + - 13No camping 5-4-001:027 Molokai Moku Mol MolokaiRanch 1 vertical I paved 12 paved 6 sand - - - 14 Fishponds; 5-4-003:023 Molokai Kaoaini Beach Park Mol Cty 1 vertical I pavement 3 off rd 10 sand - - - 15 Next to Kaoaini Fishpond 5-4-006:019 Molokai One Alii Park Mol State-HHL 1 open I paved 20 gravel 50 sandy + + + + + - 16 Stage;ballfield;BBQ;next to Alii fishpo 5-3-007:006 Molokai Seaside P1 Mol County' 17 5-3-001:011 Molokai Kaunakakai Harbor Mol State 1 vertical I pavement pavement rock + + + 18 boating/fishing 5-2-009:078 Molokai Kioea Beach Park Mol State-HHL 0 open U unimpved 100 sandy + + -+ - 19 5-2-009 Molokai Kapuaiwa Place Mol County vertical I pavement off road varies sandy - - 20 5-2-009:009 Molokai Kapuaiwa Grove Mol State-HHL vertical I pavement off road varies sandy - - - 20 5-2-008 Molokai Eluwena Place Mol Cty vertical I pavement off road varies sandy - - - - - - - 21 5-2-008 Molokai Pa Place Mol Cty vertical I pavement off road varies sandy - - - - - - - 22 5-2-008 Molokai Emekona Place Mol Cty vertical I pavement off road varies sandy - - - 23 5-2-008 Molokai Ke Place Mol Cty vertical I pavement off road varies sandy - 24 5-2-008 Molokai Eu Place Mol County vertical I pavement off road varies sandy - - - 25 5-1-002:012 Molokai Hale 0 Lono Harbor Mol State vertical U dirt 16 dirt/gravl varies rock - - - 26 Former harbor 5-1-008:035 Molokai Kaluakoi-Pohakuloal Mol County vertical I pavement pavement sand/rock - + + + - - 27 5-1-008:043 Molokai Kaluakoi-Pohakuloa2 Mol County 28 5-1-008:052 Molokai KaluaKoi-Pohakuloa3 Mol Cty-esmt 1 vertical I paved 18 paved 10 rocky - + - + + - - 29 Off Pohakuloa Rd 5-1-007:029 Molokai KaluaKoi-Kaula Ili Mol Cty 1 vertical I paved 18 paved 10 rocky - + - + + - - 30 Sign hazardous waters 5-1-007:054 Molokai KaluaKoi-Papapa Mol Cty 1 vertical I paved 18 paved 9 sand - + + - - 31 Hazardous sign posted;surfing 5-1-006:063 Molokai KaluaKoi Mol Cty 1 vertical I paved 18 paved 9 sand - + - - 32 Surfing;no camping 5-1-006:073 Molokai Papohaku Mol Cty 1 vertical I paved 20 paved 120 sand + + + + + - - 33 Front Sheraton Molokai; Hazardous water 5-1-003:007 Molokai KaluaKoi-Kaiaka Rock Mol Cty 0 vertical I paved 20 paved 28 rocky - + + + - 34 Next to Kaiaka Rock 5-1-003:004 Molokai KaluaKoi-Lio P1 Mol Pacific8ayCorp 0 vertical U dirt 10 off rd varies sand/rock - - - 35 "Make Horse' 5-1-002:001 Molokai KaluaKoi--Kawakiu Mol KaluaKoi 0 vertical U gravel;4WD 8 off rd varies sand/rock - + 36 Proposed 5-ac park;some historic sites; TOTAL TOTAL Printed 38 of the 205 records. Printed 38 of the 205 records. _ _ .... : In t00t,:9f fiV~iCUS~f4000000000SigERA0 S:000i.0 0M;,0i1f0.!ff.00Wi. I~~~~ KULFUUE0MA cA I~~~~~~~~~~IOr U~~~~~ I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- I~~~~~<- I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t ~ ~ <I I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~7 PI'R1N/A-lr A= C 0 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~MAUI 57 LeATONMAP 57 N O__ _ _ _ _ _ _ _ _ _ _ _ CHAPTER IV PUBLIC ACCESS STANDARDS AND GUIDELINES INTRODUCTION Over the years, accessways and facilities were largely facili- tated through the initiation of various shoreline development projects or through capital improvement funding. Legisla- tion such as rights-of-ways dedication by subdividers (HRS 46-6, 1973); acquisition of rights-of-ways by counties (HRS 115-1, 1974); the shoreline protection act (HRS 205A, 1975); and the Hawaii Coastal Zone Management Act (Chapter 205A, HRS, 1977) -has helped to focus public access issues but has not provided the kind of detailed systematic approach necessary to implement a long term public shoreline access program. Maui County has taken several positive steps toward in- itiating consistent public shoreline access policy by develop- ing uniform signage for public rights-of-ways and adopting ordinances for the dedication of public access by subdividers. In several resort areas, however, signage has varied some- what from the County public access signage standards although uniformity within a resort area has been indepen- dently consistent. The objective of these standards and guidelines is to pro- vide appropriate consistency in the location, size and nature of public accesses to and along the shorelines of Maui County. Used in conjunction with locational criteria, they offer a framework for the implementation of a comprehensive pub- lic shoreline access program. The scope of this plan and the guidelines and standards _ herein specifically relate to public shoreline access ways, parks and recreational facilities. It is recognized, however, that coastal highways or the system of roads along the water are primary means to provide the public with opportunities for access to and use of shoreline parks, beaches and ocean resources. Coastal highways are therefore, in concept, an in- tegral part of the overall public shoreline access system. Issues, however, regarding the location, realignment or closure of coastal roadways have broader land use policy implications. As such, policies regarding coastal highways or roadways are more appropriate to address within the context of the County's comprehensive land planning process, with respect to community plans, zoning and other legislative policy- making. Again, the emphasis of this plan is specific to pub- lic shoreline access ways and the coastal parks and recrea- tional facilities. A. GENERAL PRINCIPLES FOR PUBLIC SHORELINE I ACCESSWA1YS The following principles should be used to guide the overall analysis of public shoreline access needs. These general principles are an integral part of the analytical process which establishes the recommended type of shore- line access on a site specific basis (see Figure 1). � Public shoreline accesses should be located where they can safely accommodate public use and be distributed to prevent crowding, parking congestion, and misuse of coastal resources. * Accessways should be no wider than necessary to ac- comodate the volume and type of anticipated users. * The implementation of public access systems should consider the privacy of adjoining properties and resi- dences. � Access to environmentally sensitive areas should be evaluated on a case by case basis. * Accesses should have the potential to be easily connect- ed into larger continuous access systems. * Expansion of existing, substandard accessways or sys- tems should be considered when appropriate. B. DEFINITIONS: BUFFER OR PROTECTION ZONE An area within the corridor used to insulate the ac- cessway from deterimental surrounding activities. CORRIDOR The total width, including the right-of-way and buffer zone which make up the accessway, including shoreline parks and certain types of shoreline developments which abut the shoreline and provide "open" or random access within definitive boundaries. DESTINATION The objective for which the accessway is provided, usually the shoreline or coastal related resources. HORSESHOE A half-loop trail along a road or other public riqht-of- way. The use starts at one end of the "horseshoe" as access to the shoreline and ends at another trailhead along the road or public right-of-way. LATERAL ACCESSWAYS An area of land providing public access along and parallel to the water's edge. . :~.- . LINE ..- . :-. A two point connection from the trailhead to the desti- " '5 :j nation. LOOP :i': : A trail in the shape of a loop. This type of trail allows the user to return to the trailhead without retracing his steps. RIGHT-OF-WAY The area established by legal description or other means which delineates the access width as it traverses over land. May be established as a legal proerty entity or as an ease- : I ment over another party's land. STANDARDS :2 :':; 0? A uniform application for public access right-of-way des- ignations, dedications, and easements on public and pri- vate land. .:.~ - SUPPORT FACILITIES ; 8 ... Those facilities that improve ease of public use and main- tenance of coastal accessways. Such facilities include signs, e iJ;,: M"' ' 59 trash receptacles, public telephone, restrooms, showers, I bike security racks, public telephones, public transit load- ing and unloading areas, campgrounds and parking areas. TRAIL The last leg of access to or along the shoreline, usually by walking, cycling, or other non-vehicular means. TRAILHEAD The start of the trail, usually located at a public roadway or facility or at the intersection of another trail. TREADWAY I The surface area within the trail upon which the user makes direct contact. TRUNK LINE I A major long-distance trail system. The ancient Hawaian trails, or alaloas, (highways, roads) around an island are examples of a trunk line. UPLAND TRAILS An area of land providing public access along shorefront ::: : ::::i: bluff or cliff inland from the shoreline where the oppor- I ,;' tunity for lateral access along the water's edge does not exist. VERTICAL ACCESSWAYS An area of land providing perpendicular connection be- I tween the first public road, trail, or use area adjacent to the shoreline or established lateral. C. CRITERIA FOR LOCATION AND DISTRIBUTION I In assessing the location and distribution of shore- line accesses, a regional assessment should initially be made. This assessment is based on the following: the shoreline destination * surrounding land uses * area resources I This analysis should be done on a regional basis in ord- er to set the profile for site assessment criteria. For example, once a regional area is selected, destina- tion criteria must first be identified. Is the area more suita- ble for recreational type activities or is it remote and isolated? Are there special attributes to the region such as historical features or scenic vistas? Upon identification of the shoreline destination category, the surrounding land uses must then be consi- dered. This step in the analysis helps define existing and potential use conflicts that determine the type and distri- bution of access,ways suitable for the region. I Finally, the resource base must also be examined to ensure that shoreline use demands and the character of .. the surrounding land uses are not significantly incompat- ible with existing natural resources. This three-step analysis should provide a broad assess- . ment of the coastal environment for the region in prepa- ration for more specific site analysis. ' 1. Regional Assessment Criteria a. Shoreline Destination The destination is the reason and or the purpose that access to the shoreline is desired. Shoreline des- tinations can be categorized by:0 60I 1) Recreation Beach and shoreline parks for both active and passive activities; marinas; surfing and windsurf- ing sites; camping; hiking trails. 2) Food Sources Fishing, diving, gathering of shellfish, limu, etc. 3) Special Features Historic sites; natural beauty; primitive areas; scenic areas. 4) Environmental and/or Ecological Sensitivity Wildlife rcserve/habitats; wetlands; marine life conservation districts; natural area reserves. b. Surrounding Land Use Characteristics Land use directly affects the level and demand for shoreline access. 1) Population High density use (commercial, resort) create greater needs for access. Cumulative build up of low density use (residential) will also qenerate greater user demand although at a risk of poten- tial loss of privacy. 2) Undeveloped Areas Open spaces and agricultural lands. These sites are desireable as a relief from the urban environ- ment and are attractive because of the low level of activity. 3) Hazard, Security Shoreline industrial areas, military sites, har- bors, or airports may not be suitable nor com- patible areas for extensive public access. 4) Accessibility Areas closer to a public road, street, or public facility have a higher potential for public access. c. Resource Characteristics Natural resources can both enhance and restrict public access. Significant landforms, historic sites, or other native features create pressures for access, yet natural areas such as wildlife habitats may be too fragile to withstand human intrusion. Desirable natural areas can also be hazardous (erosion, subsi- dence, or continuous high wave action) and may jepardize the public safety. 1) Accessibility Those areas closest to public roads, streets, highways, or public facilities will tend to have higher access potential. In many cases, however, unaccessible areas may have higher access demands. 2) Uniqueness/Interest Natural, cultural, or environmental areas have high interest value if they are not too fragile. Educational or scientific value may be provided as well. 61 GENERAL STANDARDSI FOR PUBLIC SHORELINE ACCESS CRITERIA FOR LOCATION AND DISTRIBUTION--I SHORELINE H SURROUNDING HAREAI DESTINATION LAND USES RESOURCES FREGIONAL ASSESSMENT CRITERIA7I *RECREATION FOOD SOURCES POPULATIONACESBLT *SPECIAL FEATURES~ -HAZARD *UNIQUENESS *ENVIRONMENTAL/ ACCESSIBILITY FRAGILITY ECOLOGICAL HAZARD SITE ASSESSMENT CRITERIA RELATIONSHIP RELATIONSHIP TO EXISTING DEMAND TO EXISTINGI ACCESSES REQUIREMENTS AND POTENTIAL LAND USES TYPE OF ACCESS TO BE PROVIDEDI 62I U ~~~~~3) Fragility Wetlands, habitats/nesting areas, some ar- chaeological sites may not be capable of intense access except under controlled conditions (seasonal, permit). 4) Hazard User hazard areas are categorized by erosion prone areas, areas with high cliffs, or unsafe ge- ologic or ocean conditions. Low priority for the establishment of public access systems should be given to these sites. Development hazards areas include active fault zones and tsunami, flood, or landslide prone areas. Under controlled condi- tions, development hazard areas are often usa- ble for public access and or open space because the development potential has been foreclosed. 2. Site Assessment Criteria The following site assessment criteria focuses on the relationship of a specific geographical coastal area to the immediate surrounding environment. At this lev- el of assessment, more detailed examination of user de- mands, site characteristics, and infrastructure considerations will result in the identification of access * ~~~alternatives to be implemented through the proposed construction standards. a. Relationship to Existing Accesses Inventory and analyze existing or proposed ac- I ~ ~~~cess distributions in the surroundinq area (type and length of trail; land tenure; destination purposes; potential linkages; etc.). I ~ ~~b. Demand Requirements 1) Inventory and analyze user profiles a) Short Term b) Long Term c) Seasonal 2)d) Non-seasonal 2)Transportation Modes a) Vehicular b) Bicycle c) Motorcycle d) Pedestrian e) Other (horse, boat, helicopter, etc.) I ~ ~~~c. Relationship to Existing and Potential Land Uses Assess: 1) The degree of development, proposed develop-4 ment, or non -development. 2) Impact to special or unique areas. 3) Surrounding property tenure (public/private) 4) Level of infrastructure (roads/water/etc.) 3. Type of Access Required Based on the locational, regional, and site specific criteria, one or more of the following access types may be required. 63 a. To shoreline (Vertical or Mauka/Makai) b. Along shoreline (Lateral) c. Combination of both vertical and lateral d. Adquate access exists; no access required D. DESIGN GUIDELINES AND CONSTRUCTION STANDARDS 1. Access Type a. Paved vehicular: all types b. Paved major pedestrian/bicycle: bikeways, regional parks, etc. c. Non-paved vehicular: 4-wheel drive d. Minor pedestrian: foot trails e. Special use: equestrian, open access, etc. 2. Access Type By Land Use Categories a. Government Installations Access Type a b. Coastal Industrial Facilities Access Type a c. Commercial Use Access Type a, b d. Resort Use Access Type a, b, d, e e. Residential Areas Access Type a, b, d, e f. Recreational/Open Areas Access Type a, b, c, d, e g. Unique or Ecological Areas Access Type b, c, d 3. Rights-of-Way Widths a. Paved all-vehicular: As determined by County sub- division and zoning codes. b. Paved major pedestrian/bicycle: 15 feet minimum. c. Non-paved vehicular: 15 feet minimum. d. Minor pedestrian: 8 feet minimum with varying types of surfaces. e. Special Use (equestrian, open access, etc.): Variable widths and surfaces 4. Corridor and Buffer Widths I Establishment of corridor and buffer widths depend on the overall surrounding access environment. The minimum suggested corridor width is two (2) times the width of the right-of-way unless the entire corridor is designated to provide open access. 5. Treadways Treadways should always follow the designated trails or accessways. "Trailheads" should start at easily ac- cessible points and have appropriate facilities nearby (parking, restrooms, water, picnic facilities, trash recep- tacles). Gradients should be gentle and varied to suit the exsting or finished contours. The minimum pedes- trian space requirements should be based on occupied space plus "personal comfort zone" or approximately 42 inches (see Fig. 3). Trails should not be located in areas of unstable soils or geologic conditions, and shoreline conditions should also be considered. Grading and vegetation removal 64 should be kept to a minimum and natural drainage- ways should not be diverted or impeded. a. Natural Surfaced Treadways Natural surfaces are best for normal pedestrian use because the initial construction cost is low. Main- tenance costs are also low, but the frequency of repairs may be high. Natural surfaces are more ap- propriate in undeveloped or slightly used areas. b. Paved Treadways Paved pedestrian treadways are recommended un- der the following conditions: 1) Accessways with level terrain (slope less than 5%) 2) Accessways with a short distance between the trailhead and destination (beach, viewing area, etc.). 3) Accessways which generally receive heavy use. 4) Accessways where well-defined boundaries are desirable. 6. Surface Types Surface types may consist of the natural existing material; gravel or crushed rock; reinforced concrete; asphalt or asphalt-concrete; concrete tile or grass-tile; brick; or similar materials. The selection of surface depends on cost, material availability, and compatibility with the surrounding en- vironment. 7. Treadway Widths and Surfaces a. Paved all-vehicular: As determined by County sub- division and zoning codes. b. Paved major pedestrian/bicycle: 4 feet minimum; 7 feet or greater recommended. c. Non-paved vehicular: 10 feet minimum; gravel or stabilized natural surface d. Minor pedestrian: 4 feet minimum with varying types of surfaces. e. Special Use (equestrian, open access, etc.): Variable widths and surfaces. 8. Curbs In addition to defining the treadway, curbs provide better maintenance definition. Curbs should be broken every 5 to 10 feet to prevent sheetflow runoff and can be constructed with either natural (wood, stone) or paved (concrete, brick) materials. 9. Ramps Where feasible, ramps should be provided for the physically handicapped. The maximum gradient should be 8.33% with a minimum width of 48-inches. 0. Stairways and Handrails The installation of stairways and handrails may be necessary where the slopes become too steep for an ac- cessway. Most stairways are constructed of wood and supported by concrete pilings. Where geological con- ditions permit, individual steps may also be appropri- ate. Construction specifications should adhere to the requirements of the Uniform Building Code. 65 1. Fencing I Fencing provides definition of the accessway, par- ticularly if the access is situated within an urban shore- line environment. Fencing material may be of wood or chainlink and should complement the surrounding structural environment. E. SUPPORT FACILITIES I Support facilities add to the public enjoyment of the public shoreline access system. Such facilities may also prevent undue environmental damage to fragile or sen- sitive access corridors when strategically placed along the system. Concentration of facilities may assist in main- tenance efforts when the access system is large or a major I trunkline. 1. Picnic Tables and Benches Should be located where user privacy is considered and designed for use by the handicapped. Materials should be extremely vandal proof, preferably of con- crete or similar material, and securely fastened to the I site. They should not be located farther than 300 feet from either drinking water (if provided) or restrooms. 2. Restrooms Restrooms should be conveniently located along the accessway, preferably near the trailhead. Unless it is a waterless, self-contained system, hookups to an ex- isting water system may determine appropriate loca- tion. At least one (1) stall should be designated to accommodate the handicapped. I 3. Trash Receptacles Where picnic tables and benches are provided, at least one (1) trash receptacle should be accessible for I every four (4) tables. Uniquely decorated or highlighted receptacles are more likely to be used than containers which blend into the surroundings. All receptacles should be securely anchored and emptied to coincide with periods of heavy use. F. PARKING REQUIREMENTS Parking requirements are usually determined by user - volume and destination use through site specific analysis. Active Use Swimming, surfing, windsurfing, jetskiing, diving, boat- ing/sailing, hiking, food gathering. Passive Use Camping, picncking, sunbathing, fishing. User Profile Short Term: Less than 3 hours (sunbathing, swim- ming, picnicking). Long Term: More than 3 hours (camping, surfing, windsurfing). Seasonal: Where destination use is curtailed be- cause of regulatory requirements (migra- tory, spawning, or closed seasons for food/fish gathering) or seasonal changes I of the shoreline conditions (high surf dur- ing winter months). Non-seasonal: Picnicking, sunbathing. 66 1. Stall Requirements The infinite number of user variables makes it ex- tremely difficult to accurately compute user volume for translation into public access parking requirements. A suggested method for estimating public access parking requirements is to: a. Estimate the area of the destination (sq. ft.); b. Divide the destination area by 160 sq. ft. This figure is the medium density standard per person used for the Maui County Open Space and Outdoor Recre- ation Plan, SCORP, and the State Recreation Plan for passive activity (picnicking). c. Multiply by 2.5. This is the Turnover Capacity per day used in the above referenced documents. d. Divide by 3. This is an average vehicle capacity based on a 5-person vehicle. Area of destination 2.5 (turnover capacity/day) No. of X = Stalls 160 sq. ft. 3 (avg. vehicle capacity) Reqd. shore-13 Where structural improvements are required or imposed, the parking stall requirements of the Zoning Code should be applied, of which fifty percent (50%) may be compact-sized stalls. Handicapped stall requirements should be considered and applied at a ratio of one handicapped stall for every twenty-five (25) public access stalls required. 2. Stall Dimensions and Paving Requirements a. Urban areas: refer to standards in Zoning Or- dinance. * Regular stall: 8 feet 6 inches by 18 feet * Compact stall: 7 feet 6 inches by 16 feet b. Non-urban area: Dimensions as required in Zon- AI ing Ordinance. if c. Paving alternatives may be considered (gravel, grass, stabilized natural area) based on site specific analysis. d. Parking will usually be situated at the trailhead of an access system except where the trailhead is at the intersection of a lateral trail. Most trailheads will begin at a public right-of-way or facility. Off-site parking may also be considered provided that the parking site is compatible with the destination/land use/resource matrix analysis. G. PUBLIC ACCESS LANDSCAPING 1. Functions Landscaping provides several functions when used in conjunction with the total access system. In urban- type access systems, a primary function of landscap- ing is to soften and complement the structural aspects of the system (treadway, curbing, or surrounding fa- cilities). In non-urban situations, only a minimum of landscaping may be necessary depending upon how the 67 access system has been incorporated into the surround- ing area. Landscaping in such instances should com- plement the surrounding environment and access corridor. 2. General Guidelines a. Landscaping should be compatible with the exist- ing vegetation and environmental conditions when I possible. b. Plantings with low maintenance should be selected. c. Poisonous or noxious plants should be avoided. d. Thorny bushes may be useful to control movement along the access system. e. Landscaping should vary depending on site analy- sis, and could mean little or no landscaping in wilder- ness or natural areas to heavier landscaping in urban shoreline environments. H. SIGNAGE Unlike other Counties, Maui County has made a com- prehensive attempt to produce uniform public access sig- nage. Staring in the early 1970's special signs identifying public shoreline accesses have been erected throughout the County. This signage program has, to a large extent, helped identify those shoreline accesses which are clearly available to the public. In several resort areas, however, special signs to iden- I tify public access systems have been erected and main- tained by resort developers to complement the overall signage program for the particular resort development. These types of efforts should be enccouraged provided that some uniformity and consistency with the County sign program is achieved. 1. Guidelines a. All public access locational signs should be uniform and consistent in size and content. Variety in materi- al and color may be permitted as long as the overall I effect of consistency is maintained. Compatibilility with existing State, County or Federal dimensions is recommended. b. Common symbols should be used wherever possible. c. Materials should be durable and vandal proof. d. Public access locational sign perpendicular to the nearest public right-of-way or trailhead for easy visi- bility by either pedestrian or vehicular traffic. e. Informational or educational kept simple and in scale with other signs along or within the public access system. I. MAINTENANCE 1. Accessways If possible, all accessways should be designed for maximum anticipated damage. This will minimize the frequency of repair although the long term cost of repair may be higher when it becomes necessary. The initial cost will be high due to higher grade materials, sup- plies, and skilled engineering, contracting and labor costs. 68 6 8 ~ :~~ Metal -,, II e jCOI i"" [ Vehicular , Pedestrian �SIGNAGE c If the accessways is designed and constructed for moderate maintenance conditions, more frequent repairs can be anticipated. Long range costs may also be less because materials and labor will not be so specialized. Site constraints will determine the use of this alternative since it cannot be used on steep slopes, unstable areas, or areas of constant and heavy use. Where possible, locate accessways away from the shoreline if it can be done without compromising loca- tional criteria. 2. Facilities a. Police waste containers in relation to access carry- ing capacity, particularly in periods of high use. Af- ternoon or early evening disposal of waste in receptacles should reduce potential of rubbish scat- tering by animals or availability of flammable materi- als to vandals. b. Use materials that discourage vandalism. Prompt maintenance, patrolling, and public education are best deterrents. c. Prompt general safety maintenance (i.e. trim coco- nuts, branches; repair damaged portions of tread- way; etc.) is critical. Run down and poorly maintained facilities will be harder to repair or up- grade and generally encourage more vandalism. ::i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ %�~~: ,~ 7I 70I CHAPTER V IMPLEMENTATION PROGRAM The high value of Maui County's coastal resources emphasizes the need for assuring continued pul6lic access to its shoreline. The establishment of an access management plan is a starting point, and the necessary first step. It then ~~I ~ needs to be set into motion through specific programs and courses of action. Suggestions for such programs and courses of action are made herein. However, these should not be regarded as being exhaustive, as any effective implementation program has to also be dynamic enough to meet the exigencies of a chang- ing society. It is necessary to constantly monitor the impact of evolving social values, lifestyles, land use modifications and governmental policies, and utilize a planning process that is flexible enough to account for new methods and alterna- tives that emerge. A. ADOPTION OF POLICY *I~ ~ ~The management of Maui County's coastal accesses can best be carried out by the application of uniform and coherent standards and guidelines. In this regard, the County should adopt overall policies to govern the treat- ment of the many different aspects of a coastal access program. It should be noted, however, that the County of Maui does have some policies relating to coastal accesses. However, they are reflected in a variety of planning docu- ments or rules and regulations, such as the various com- munity plans and the Planning Commission's Shoreline Management Area Rules and Regulations. It would be desirable to have clearly articulated policies in one area for easy reference and application, from which specific implementing measures (such as the Shoreline Manage- ment Area Permits, maintenance programs, etc.) can be ~~~I ~ developed and/or referenced to. While some new policies would have to be developed, there are many existing policies that can serve as the start- ing point. Once developed, these would have to be reviewed publicly and eventually adopted by the County. It should be noted that the adoption process itself should generate wider community discussion of the proposed guidelines and other aspects contained in this Manage- ment Plan. When adopted, there should be a more predic- table permitting environment for both the developer and the general public. As noted earlier, there are some policies and guide- lines within the various County Community Plans which could be used as the basis for this policy development pro- gram. These include: � Preservation of sand dune formations throughout the planning region as topographic features that are a sig- nificant element of the natural setting by requiring new shoreline development to keep existing dune formations in tact, and leave indigenous or endemic strand vege- tation undisturbed treating such vegetation as given conditions. I ~~~~~~~~~~71 � Confinement of vehicular traffic to assigned areas to avoid erosion, damage to dunes, strand vegetation, or other shoreline resources; and prohibit use of vehicles where undeveloped areas are involved; and provideI paved parking where drainage is a problem. * The periodic expansions and shrinkages of beach depth and the cyclic nature of sand beaches should be incor-I porated into any shoreline development, public set- backs, and public access design. * Prevent construction and post-construction activity ad- jacent to shoreline areas from erosion and runoff onto the shoreline or into nearshore waters, and survey natural and cultural resources in shoreline areas preced- ing development activity. * Provide adequate landscaping of public accesses to shoreline areas having significant recreational and scenic value; provide adequate lateral public access along the shoreline to connect significant shoreline areas and to establish continuity; and provide for the land- scaping of public setback areas to enhance recreation-I al use and scenic quality. � Provide adequate public parking for cars at the mauka end of accessways with vehicular drop-off points andI turn-around areas adjacent to beach or beach park areas. � Where scale of development and public accessways war-I rant, integrate public sanitation and recreational ameni- ties with planning and design. * Wherever possible, require public setbacks to includeI recreational space on lands behind the legally defined shoreline zone. This is to enable adequate public recrea- tional activity and proper management of the shoreline.I � Protect the quality of nearshore waters through the monitoring of outfall systems to insure that waste dis- posal discharges meet water quality standards. RECOMMENDATION: 1. Coastal Access Policies Using the information provided herein as well as other planning documents, the County should develop -- and, after securing appropriate public input, adopt coastal access policies. These policies should generally address matters such as the identification, designation and improvement of public access to and along the shoreline; locational criteria such as destination, land use analysis and natural resource identification; con- struction standards for public access rights-of-way, ease- ments, treadways and corridors, landscaping, signage, parking and maintenance; as well as historical/cultur- al aspects of Hawaiian Trails. These should also in- clude the relevant aspects contained within the Community Plan guidelines as noted above.I 2. Adoption of Ordinance, Rules & Regulations Policies regarding shoreline accesses should be adopt- ed through a vehicle ordinance as reflected in Appen-I dix B. The specific policies are not included in the 72 proposed ordinance, as it would be more appropriate for the County to develop these policies and in com- ing forth with policies that are unique and responsive to the County's particular needs. Pursuant to the adoption of such an ordinance, the various County agencies, such as the Planning Depart- ment, Planning Commission, and Parks and Recrea- tion should promulgate rules and regulations to a propriately implement these policies. It should be noted that in the review and eventual adoption of such a proposed ordinance, appropriate ad- justments should also be made to existing ordinances relating to coastal access. These would include the Sub- division Code and possibly even the Park Dedication Ordinance. B. MAINTENANCE Resources for the upkeep of Maui County's shoreline accessways have come from the use of normal main- tenance budget allocations under the County Department of Parks and Recreation. Access maintenance has oc- curred on an "as needed" or complaint basis. While there is a regular maintenance program budqet for county parks, a 'specific budgeted amount for coastal accessways is not maintained. To improve on existing maintenance efforts will require the establishment of standards for access maintenance and a commitment of public resources to this end. Such a com- mitment can come with wide based public support and the assurance of a continuing source of funding. Several courses of action can be pursued at the same time or in sequence, depending on county resources. While funding underlies all efforts, a strong public edu- cation and community coordination program should also be pursued. This can encourage a caring attitude for the county's shoreline resources and broaden community un- derstanding of public policies that protect a citizen's right to enjoy the coastline. 1. Maintenance Standards Guidelines and standards for design, construction and maintenance discussed in Chapter IV could serve as a starting point for the development of specific main- tenance standards. Corridor widths, trail and tread- way surfacing and widths, support facilities, parking requirements, signage and general safety need to be combined with locational information to arrive at projected maintenance budget costs for each site. RECOMMENDATION: a. Development of Maintenance Standards The director of the County Parks and Recreation Department should develop maintenance standards which take into account public access locational criteria such as destination, land use analysis and natural resource identification, and construction stan- dards for public access rights-of-way, easements, treadways and corridors, landscaping, signage, park- ing and maintenance (Chapter IV). 73 Community Plan guidelines noted above should also be included where relevant and together applied to new coastline development as well. These stan- dards could then be incorporated as part of coastal access rules and regulations discussed above. Site specific maintenance requirements should be determined for existing and new public accessways. Maintenance requirements will vary from site to site, as this will depend on destination purpose, level of use, distance from public roads and centers of popu- lation, and time of year. The frequency of trash pick up, for example, will vary with user demand cycles. Heavy use of accessways and related support facili- ties on weekends, holidays, and summer months will require a higher frequency of trash pickup. Main- tenance needs for accessways to centrally located shoreline swimming and picnicking areas with a fa- mily orientation will be different from one that is used primarily as access to rocky fishing grounds. I b. Determining-Maintenance Cost. A better idea of general maintenance cost should be derived from determining maintenance standards I for different types and features of accessways. These standards and cost projections can then be used in County planning efforts as well as to assist in de- veloping resource allocations. A base line of maintenance requirement informa- tion is a preliminary requirement to implementation cost options, including contracting of services and/or examining methods by which access maintenance can be coordinated with park maintenance sched- ules wherever possible. 2. Methods of Financing a. Public Funding A continuing commitment of resources for shore- line maintenance is best accomplised through estab- lishment of a County special fund. The earmarking or setting aside of an annual percentage of the County's parks and recreation maintenance budget for the accessway maintenance is one way of assur- . ing continuing resources for the management program. RECOMMENDATION . Public Access Shoreline Fund In consultation with the County Finance Depart- ment the County Department of Parks and Recre- ..... ation should develop for the County Council's consideration a "public shoreline access" fund by ordinance. Revenue sources for this fund could be derived from earmarking a percentage to the Depart- ment of Parks and Recreation's annual funding or that portion of the Department's budget allocated for maintenance programs and/or through special fees. As reflected in the draft Public Access ordinance (Appendix C), a percentage of the funds collected 74 should be set aside specifically for maintenance. This would complement the Department of Parks and Recreation's normal maintenance fund. Addition- ally, funds collected through this program should be earmarked and used only for the planning region within which the funds were collected. This would be not only equitable but it would provide greater means of assuring that maintenance work would be done for the respective planning region. It should also be noted that in the use of these funds, the County should evaluate the pros and cons ~i~~ ~ ments contracted out. b. Developer Participation Not all developers find themselves required to dedicate or include a public right-of-way to the shore- line, particularly if the coastal area has not been historically used, holds low level public value, and/or by reason of sufficient numbers of established access- ways. To ensure as uniform an application of exist- ing public policy regarding shoreline development and public access, developers could be required to I contribute as part of the permit approval process toward this fund. Conditions of approval through normal SMA process for the new development could include a con- sideration of the issue of "equity" for those property owners or developers who need not provide access- ways. A special fee assessment could be imposed on such parties and earmarked for the County access maintenance and acquisition fund. ~I ~ RECOMMENDATION '"Fair Market Value" Fees The County should adopt an ordinance which em- ~~~I ~ bodies the following concept. One way of determin- ing a monetary fee to be paid in lieu of dedicating ~~~I ~or providing land and/or improvements is by way of a sum equal to the "fair market value" of the amount of land required. The Director of the County Department of Planning shall determine public ac- cess requirements prior to any approval of access- ways, destination level of use and other criteria, standards and guidelines. Fair market value can be computed as of the time of the Director's determi- nation of access and improvement designated land and/or required site improvements as agreed upon between the County and the subdivider or developer. The Director may, in consultation with the County Finance Department, develop other options in determining appropriate assessment criteria and dollar value for determining methods of special fee assessment in lieu of accessway requirement. All fees or monies received shall be deposited in the "public shoreline access" fund to be used for the planning, acquisition, development, improve- I1 ~~~~~~~~~~75 ment, maintenance or administration of public shore- line access and related facilities. A proposed ordinance reflecting this concept is attached as Appendix C. c. Private Maintenance Once an accessway is dedicated, its maintenance becomes a government responsibility, and therefore discussion of shoreline access maintenance general- ly is within this context. As an alternative, however, the possibilities of placing maintenance responsibilty with the property owner should be explored. Some developers may find it to their advantage to assume responsibility for public access maintenance. Once set aside, there may be a need or preference on the part of the landowner for policing the accessway to prevent vandalism, loitering, litter, unsightfulness and general downgrading in property value. Despite county efforts, it is almost impossible to keep Maui's extensive public shoreline accesses in prime maintenance condition and perpetually clear of vandals, loiterers and other despoilment of the accessway. More can be accomplished by encourag- ing cooperative maintenance efforts between lan- downer, developer, the community users and government. Accessways at the Kalua Koi Development on the island of Molokai and the Wailea Development on- . ...... Maui island were the best maintained of all access- ways surveyed in the county. Its upkeep and condi- tion is carried out by the development and clearly is to the advantage of serving the interest of the property owner and the development. RECOMMENDATION Private Maintenance Option Notwithstanding other issues related to the ques- ; tion of liability, the possible option of passing on maintenance responsibilities to private property own- ers by virtue of preference and/or interest in gener- ..:. al property control should be explored as an alternative to access maintenance being carried out solely by the County. Through the permitting process or other means, attempts to reach possible agreements regarding maintenance, particularly in special cases such as resort developments should be pursued. 3. Public Education Among the most effective and most efficient means of implementing a shoreline access management pro- gram is through the cooperation of the general public. Efforts to develop a sense of pride toward "commu- nity property", and encourage a view of public access- ways and shoreline corridors as conservation areas reserved for the public will contribute to the reduction of maintenance and repair demands. The coordinated utilization of the community's serv- 76 ice group infrastructure can help enhance this public awareness. Public information on the care of beaches and accessways can be disseminated through public libraries and schools, civic organizations, public tele- vision, and county recreation programs. Service groups can be organized into regularly scheduled improve- ment, clean up and repair projects. Voluntary litter clean up projects could be organized through the program and efforts coordinated between schools, park recreation programs, and community groups. Community Service groups capable of or- ganized effort to undertake general improvement, beau- tification, repair and other maintenance measures could be enlisted to complement county efforts, e.g., Jaycees, etc. This will maximize public participation to help improve and maintain accessways as part of a continu- ing community campaign. RECOMMENDATION: Mayor's Task Force on Beach Access Clean Up A special Task Force should be established through the Mayor's office, which would include representa- tives from all groups with the initial task of developing a schedule of community work days and soliciting groups to participate in beach access clean up projects. This would be an off- shoot of the County's on-going "Adopt-a-Park" concept. Instead, this could be "Adopt-an-Access" Program. The Task Force could also organize and conduct a public education campaign aimed at the prevention of vandalism and litter in public accessways and shore- lines through public school classes, county parks and recreation programs, and community organizations. This campaign could be to encourage the prevention of litter, trash, and vandalism in and around public : shoreline accessways. Utilizing county standards that can guide and direct community clean up efforts to target specific access- ways, an orderly and coordinated schedule of volun- tary maintenance can be carried out. C. FUTURE ACCESSES There are a number of coastal accesses whose present legal status may be questionable. They are listed as "pri- vate" in the database (Chapter III, Inventory). At the same time, there may be other used coastal accesses that have not been included in this Plan. To assure continued public use of these accesses, ap- propriate actions should be taken at some point in time. The establishment of these accesses, however, because of time and other constraints, should be done in a systematic way and reflective of some sort of priority. It should be noted that acquisition of future public rights-of-way cannot be carried out by any abstract scheme of regularly occurring geographic intervals along the coastline, but needs to be based on topography, amenities and level of demand. For example, it is possi- 77 ble to have several public accessways along a stretch of prime beach area, and none for several miles of hazardous terrain. Suggestions for future programs are premised on shore-I line access guidelines and standards already being in place and which are applicable to determining future access- ways as well as maintenance levels for existing ones.I 1. Establishing Future Accessways Based upon field research, discussions with area resi- dents, and a review of various state and county docu-I ments relating to Maui County's shoreline, the following areas have been listed as a suggested listing for establishing future public accesses. The manner inI which such accessways should be established will vary among such options as the county permitting process, state/county acquisition, negotiations with private land-I owners, and court action. These are discussed under "Methods of Establishment." Priority rankings of high, medium and low for the establishment of future accessways have been based on the various criteria presented in Chapter IV, and in- clude: relationship of demand requirements to type of destirnation resource; level of shoreline resources and accessibility; level of hazardous conditions; location in relation to other accessways; surrounding land uses,; special features and uniqueness of physical resources as it serves the general area; multiple vs. single use,; distance from public roads; and environmental and eco- logical considerations. The priority listing does not include public lands under the jurisdiction of the state or the county govern- menit. It was felt that government land comes under the public trust. Hence, access options would appear to be more readily available than privately-owned properties. It is important to note that in some areas, large pri- vate landowners have allowed ocean access to the public either by explicit permitted use on an informal basis or by implied understanding between the landowner and the community. A unique sort of access relation- ship has been carved out over time that has worked to the mutual benefit of the public and landowner.4 Some examples of this relationship are found in the ' Hana area between Hana Ranch (landowner) and the public, Castle and Cook (landowner) and the public on the island of Lanai; and some areas of Molokai by Molokai Ranch (landowner). Because of this situation, these accesses were assigned a medium priority in the following pages and noted by an asterisk. It should be noted that if the under- standing changes to the point of diminishing the exist- ing access practice, the priority ranking for those accesses should be elevated to "High" and approp~ri- ate access establishment options should be exercised.- 78I a. Kahului-Wailuku High Priority Sprecklesville (TMK: 3-2-02: 34) A & B, Inc. Sprecklesville (TMK: 3-8-01: 72) Maui Ctry Club Waihee (TMK: 3-7-10: 01) Wailuku Sugar Co. Medium Priority Kahului-Hoaloha Park (TMK: 3-7-08: 17) A&B, Inc. Low Priority Waihee Stream (TMK: 3-2-02: 01) Wailuku Sug. Co. Waiehu (TMK: 3-3-01: 51) Robert Such b. Paia-Haiku Medium Priority Paia (TMK: 2-6-10: 28) John Davids Paia (TMK: 2-6-09: 02) A & B, Inc. Low Priority Paia - Lae P1 (TMK: 2-6-08: 10) Virginia Kaiama c. Hana Medium Priority * Lehoula Beach (TMK: 1-4-02: 01) Hana Ranch * Hatoa Beach (TMK: 1-4-10: 01) Hana Ranch Waipauma Pt (TMK: 1-4-03: 03) Hana Ranch Kipahulu Light Station (TMK: 1-3-2: 01) Jim Nabors Low Priority Puu (TMK: 1-8-01: 01) Kaupo Ranch, Ltd. Kalahu Point (TMK: 1-3-02: 04) Hana Ranch d. Kihei-Makena High Priority Makena - Palauea Beach (TMK: 2-1-11: 10-25, 43-58) Palauea Beach Properties Makena - Moomuku (TMK: 2-1-06: 12) R. Cran- dlemire Makena - Big Beach (TMK: 2-1-06: 27, 53, 28 & 26) Seibu Hawaii Makena (TMK: 2-1-07: 94) Seibu Hawaii e. Lahaina High Priority Hoolua Bay (TMK: 4-1-01: 10) Maui Land & Pine Hawea Lighthouse (TMK: 4-2-01: 03) (U.S. Govt.) Medium Priority Honokohau Bay (TMK: 4-1-01: 09) Maui Land & Pine Punalau Point (TMK: 4-1-01: 10) Maui Land & Pine Low Priority Owaluhi Gulch (TMK: 4-1-01: 09) Maui Land & Pine Polehua (TMK: 4-1-01: 09) Maui Land & Pine Keawalua (TMK: 4-1-01: 03) Maui Land & Pine f. Lanai Medium Priority 0 Hulopoe Beach (TMK: 4-9-02: 01) Castle & Cook 79 � Shipwreck Beach (TMK: 4-9-02: 01) Castle & Cook Halepalaoa (TMK: 4-9-02: 01) Castle & Cook Kaunalou (TMK: 4-9-02: 01) Castle & Cook Lanai Landing (TMK: 4-9-03: 10) Alan Starr Low Priority Naha (TMK: 4-9-02: 01) Castle & Cook Awalua (TMK: 4-9-02: 01) Castle & Cook Polehua (TMK: 4-9-02: 01) Castle & Cook g. Molokai High Priority Make Horse (TMK: 5-1-03: 04) Pacific Bay Corp Medium Priority * Kawakiu (TMK: 5-1-02: 01) Molokai Ranch * Moku (TMK: 5-4-01: 27) Molokai Ranch *See earlier discussions on establishing accessways. 2. Methods of Establishment There are several ways of establishing accessways. These range from the least complex and expeditious such as the permitting process, to a series of negotia- tions or court action, usually lengthly, complex and costly. The choice of one approach over another will depend on user demand, utilization of existing inven- tory information, standards and criteria adopted, general area features, existing agreements of under- standing and other circumstances. a. County Planning Process I The most frequent and effectively used method of acquiring public beach accesses is through County approval of development projects. Under its Sub- division Ordinance and Special Management Area Rules and Regulations approval is to be conditioned upon fulfillment of requirements of developers and subdividers to dedicate rights-of-way or easements for pedestrian travel for public access from public highways and streets to beach and mountain recre- . ation areas. While state law establishes the maximum distance between public rights-of-way as "reasonable inter- vals," and allows counties to take into considera- tion the topography and physical characteristics of the land, Maui's Subdivision Ordinance further re- quires intervals of not greater than fifteen hundred (1,500) feet to be dedicated for public use with a minimum width of fifteen (15) feet for beach and other access rights-of-way where a subdivision fronts the shoreline or other public use or recreational areas. Grading of the entire length of the rights-of-way to its full width and planted with grass or other suita- ble finish as determined by the county is also a re- quired improvement of subdivisions having beach or other rights-of-way. 80 RECOMMENDATION: Standards and Guidelines The existing legal framework governing access acquisition conditions should be supplemented with a set of standards as suggested in Chapter IV relat- ing to other access features such as width, parking, and support facilities. These additional guidelines should be helpful to both the County and the de- veloper in determining a satisfactory access profile. Consideration should also be given to community planning areas and shoreline access guidelines con- tained in the community plans. Additionally, a method to allow for the discretion- ary imposition of accesses, yet allowing access con- cerns to be uniformly applied, should be developed. A sample of such an ordinance is found in Appen- dix B. The adoption of the attached ordinance and/or procedures to reflect the guidelines contained here should be pursued. b. State/County Acquisition Through the judicious scheduling of Capital Improvements Projects (CIP) potential or needed shoieline accessways can be acquired by way of pri- oritizing and/or restricting public improvements of proposed extensions of utilities and circulation routes. Both the state and the county can delay the escala- tion of land prices by witholding construction from those area-sites to be developed until key lands are acquired. Given Maui County's high level of coastal resource users, and the continuing growth of shore- line development, these accessways are valuable ad- ditionally public outlets capable of providing as much in the way of meeting recreational demands as parks .. . and other land based recreational activities. It can be argued that shoreline access acquisition is a worthy public investment and is as vital, if not more feasible, than the space and maintenance require- ments of larger facilities such as parks and golf courses. RECOMMENDATION: CIP Schedule for Beach Access Acquisition of accessways on privately owned land not submitted to development requirements, partic- ularly those of high level attraction and user demand, should be incorporated as part of the County's pri- orities for capitol improvement expenditures. A strong case can now be made for planned establish- ment and acquisition of these sites given the county's efforts to inventory and assess the value of these ac- cesses in accordance with standards and guidelines. c. Negotiations with Private Land Owners Many accesses, generally, are on privately owned land but carry traditional and historical use by the public as a linkage to the shoreline. Negotiations with o1 private landowners is a process not frequently used but one which could yield worthwhile benefits to both the landowner and the County. It may be benefi- cial to both parties should future development occur on the land in question and ongoing negotiations is shown as part of the record. While negotiations may proceed for acquisition of accessways on undeveloped land, particularly those showing long standing use by the public, another option is an agreement of use between the County and the landowner. Viewed as a partnership between government and landowner, it is a particularly help- ful approach in cases where large landowners already allow public access over private property to reach shoreline resources. For large landowners, it is often preferable to work in partnership with government through an understanding of use regarding public access in order to maintain ownership and some management control over uses of its lands. In Maui County, there are several locations in- volving large landowners, including Castle & Cook, Ltd. on Lanai, Molokai Ranch on Molokai, and Hanra Ranch on Maui. The County of Maui already has a license agreement with Molokai Ranch, Ltd., granting a nonexclusive license for use of an access right-of-way and adjacent beaches and parking area from the public highway and road to the shoreline. Conditional requirements include: use by the pub- lic only for noncommercial and recreational puposes except hunting; regulation of camping activities; time length of agreement and notice terminate; and with any relocation of the accessway by mutual agreement. The agreement with Molokai Ranch also places responsibility with either the landowner or the County for such items as: access repair and main- tenance including cost; utility poles, wires, pipelines and other accessories and equipment in relation to the shoreline destination area; keeping "licensed" premises clean and sanitary including cost; installa- tion and maintenance of necessary gates, catt- leguards, etc.; claims and demands for loss or damage or injury to persons or property that may arise by reason of use of premises, including damages, costs, attorney's fees, expenses or liabilities. : Negotiations could also include limited access if circumstances warrant-for example, limiting pub- lic use only between sunrise and sunset. Such negotiated agreements by the County should also stipulate that any change in land ownership or in any of the conditions agreed to will be cause for ter- mination of the agreement. While its use is infre- quent, it should be considered a standard option in dealing with access establishment and should be uti- lized in a systematic way. 82 RECOMMENDATION: 1. Negotiation for Dedication Negotiations should be initiated with landown- ers to outrightly dedicate certain portions of land where there has been informal understanding of allowed use by the public, in order to eventually replace such uses with formal dedication of rights- of-way by recordation. While this may be the ideal, the process should include exploring areas where concessions can be made, particularly in areas of access related issues such as maintenance, limiting public use, liability and amenitics. It should also be pursued where an agreement of use is deemed by the County to be inappropriate. 2. Negotiation for Agreement of Use In the event a landowner prefers not to have an outright dedication, the agreement of user ap- plication should be explored. In this approach, a list of standard considerations for negotiations with private landowners for public use of access- ways without any change in ownership should in- itially be compiled to ensure consistent and systematic treatment of such agreements. Inquiries should be initiated with landowners where there has been long standing public use, with an understanding that such an agreement of allowed use could be terminated by the County if land ownership changes or if there is a change in any conditions agreed to. The licensed agreement between the County and Molokai Ranch regarding public use of accessways over ranch land to coastal areas could be viewed as a starting point. Special conditions utilized in other jurisdictions for accessways located on private resort developments could also be used, e.g., public use of access allowed from sunrise to sunset for purposes of security and lia- bility, with access maintenance and repair being made the responsibility of the resort development. d. Court Action While access establishment is always possible through court action, other non-judicial alternatives should be initially tried, unless it is for purposes of initiating a test case to explore legal options. Many of the legal issues associated with public rights-of- way covered in Chapter II need to be considered. Such action can also be for the purpose of distin- guishing between the application of state vs. county access laws or clarifying state vs. county liability problems. The effectiveness of court action can be seen in a 1980 Circuit Court case where a private landowner in Hawaii County was required by the court to al- low public access to the shoreline by way of four traditionally used routes to the seacoast and along the coast. The Court recognized ancient and histor- ical use as the basis for judgement against the lan- downer who had large numbers of people arrested for trespassing. The court also set widths for two lateral shoreline corridors as well as two coastal ac- cess routes running mauka-makai. RECOMMENDATION: Selected Court Action Should other approaches fail, the County should initiate legal challenges for certain high priority areas to try to establish their use. Attempts to conduct on- going negotiations with private landowners should precede such action. Since establishment of an ease- ment or right-of-way is only one facet of the access program, such actions should also address related issues of maintenance, liability, terms of the access (limited or unlimited use), and amenities. D. SIGNAGE Destruction of public access signage has been report- ed as a frequent problem in Maui County. Steps to im- prove public shoreline access signage markers should be taken. An examination of options in design materials and footing to discourage vandalism should be undertaken. Present signage, especially in relation to public roads and highways, are placed parallel rather than perpendicular to vehicular movement. Even on foot, these signs can- not be seen from a distance and serve only to inform someone standing directly across the street from or directly in front of it. Uniform symbols and color are also needed. A public education program will require easily identified and clearly recognizable marking of public accessways. Again, the consistency and quality of signage within private resort developments in the county present a good example. Signage is critical as far as a precautionary measure not only for improved access identification at the present but for coastal safety in the future. While a successful public education and community awareness program may pro- vide great assistance to maintenance and acquisition pro- grams, it will also bring larger numbers of people to the shoreline. Coastal signage also becomes critical, particu- larly in the area of government liability regarding water safety and other health hazards. RECOMMENDATION: Uniform Shoreline Access Sign System The Department of Planning and Department of Parks and Recreation should jointly develop a uniform shore- line access sign system, making sure that uniform sym- bols and color are used, and that signs are placed perpendicular to the road. It should also reflect possible variations to account for potential boundaries and the overall ambiance of an area. Some examples are provid- ed in Chapter IV. It should also include a public educa- tion program to familiarize users with clearly recognizable marking of public accessways and should reflect signage guidelines in Chapter IV. 84 E. LIABILITY ISSUES Inherent in the establishment of a county beach access program is the likelihood that the county will become lia- ble for possible violations arising out federal and state con- stitutional issues of private property and individual rights. Recreation areas, often rugged and remote, are fraught with potential injury risks arising from, among other things, negligence or nonfeasance by the county and its employees. Allowing private groups to assist with main- tenance also could present liability problems. The general use of accessways on both private and pub- lic lands, require consideration of minimizing county risk and exposure to costly legal actions. The issue of liability is not limited to only the County but involves a number of aspects from the perspective of the private landowner or developer. Clarification of situations where a private property owner has allowed public use but prefers to maintain property ownership would greatly assist the County in the permitting process, negotiations and pos- sible court actions. Another related issue is the question of "limited" public use. Landowners who set aside public access easement may be concerned over the liability issue. As such, to limit their exposure or for other reasons such as security, they may wish to impose some access restrictions, particular- . ly relating to time (day or night) and every type (camp- ing or no-camping) of uses. Some restrictions are already imposed on recreational activities in public areas, e.g., where and when camping can occur. This can be ap- proached from the perspective of preventing any future restrictions on public access, or allowing limited uses as part of negotiations with landowners and developers. These issues of liability are highly complex, and are currently under study by the State. While it falls outside the scope of this plan, its careful consideration is essen- tial to Maui County's shoreline access program. RECOMMENDATION: Liability Study A specific study should be commissioned on the issues of liability including clarification of State and County lia- bility particularly in regard to accesses established under state laws as differentiated from actions taken by the County, extent of liability on private landowners or developers under different conditions of accessway estab- lishment, the impact on community groups interested in organizing litter clean up and other measures to assist the county's maintenance program, and the extent to which legal restrictions can be placed on public access. A separate legal analysis could benefit both the county and the private owner or developer by giving both par- ties a better idea of the level of liability exposure in arriv- ing at a satisfactory resolution of access issues. It will also affect and require adjustments in other areas of imple- menting actions. 85 F. UPDATED INVENTORY The computer based inventory of shoreline accessways in Maui County, prepared as another part of this project, should undergo regularly scheduled updating as noted in Chapter III. As new sites are acquired-whether by dedi- cation, purchase, agreement of use or legal action-or existing ones modified, changes should be continuously integrated with the existing data base. State parcels to be turned over to the County located along coastal areas should be entered on the data base inventory, along with all state and county lands adjacent to the ocean. Infor- mation on historic trails should also be included whenever such data becomes available. I An updated inventory requires the establishment of procedures for the submittal of new information and a I control point for data entering for consistency and ac- c countability. Since more than one county department is involved in beach access, from maintenance to acquisi- tion, one agency should be designated as administrative- I ly responsible for inventory updating. In this way, the inventory can serve as a valuable plan- ning tool for the County and resource for county and state shoreline management programs. It is an important resource for decision makers and should be kept as cur- . rent as possible by means of an efficient system of data : maintenance. This will ensure useful, current regional profiles on the location and nature of formal and infor- mal shoreline accessways throughout the county. RECOMMENDATION: Inventory Updating Program The responsibility for updating Maui County's beach access computerized data base should be placed with the Department of Planning. A program should be developed jointly with the Department of Parks and Recreation and other agencies involved with public shoreline activities. The program should outline procedures for submittal of information relating to new or modified accessways. A standardized checklist should be designed and used by all data collectors to ensure consistency of information. This updating program should also include plans to include all state lands to be turned over to the county which are located in coastal areas, as well as all state and county public lands adjacent to the ocean in the access inventory. To the extent possible, information should be inputted on historical trails as this becomes available as well. Discussions should also address possible modifica- tion in categories and programming if necessary, view- ing the inventory format provided herein as only a beginning. G. ENFORCEMENT Problems of enforcing requirements relating to accessways run through the entire program of access establishment and maintenance. Contractual arrange- ments with a landowner or developer regarding main- tenance levels, setting aside an access corridor, or 86 compliance with certain requirements within a time-limit, can be easily violated. A frequent problem is the use of parking lots set aside by developers for beach goers but which are continually filled by non users such as business/social visitors or em- ployees at nearby developments. This is somewhat com- mon in development areas like Kaanapali on the island of Maui. Another problem is the enforcement of laws against lit- ter, loitering, and vandalism of public accessways. A schedule of penalties including community service and other fines could be developed. However, an examina- tion of existing laws relating to litter and vandalism should be conducted to determine the adequacy of existing pro- visions for accessways and where additional measures could be imposed for the county through ordinance. RECOMMENDATION: Review of Shoreline Access Penalty System Interagency funding should be sought for a joint in-staff study of possible community service requirements, penal- ties and other fines for noncompliance to County or- dinances and rules and regulations relating to public access to the shoreline. Attention should be given to noncom- pliance with requirements relating to the establishment of accesses, adherence to deadlines by developers and landowners, keeping parking and other access amenities clear of misuse by non beach goers, and the deterence of accessway litter, vandalism and any other actions deemed detrimental to the serviceability and appearance of accessways. 87 I~~~~~~~~ 87 BIBLIOGRAPHY COUNTY OF HAWAII Department of Planning, GUIDELINES AND STANDARDS FOR PUBLIC ACCESS TO THE SHORELINE, 1981 Department of Planning, INVENTORY OF PUBLIC SHORELINE ACCESS, 1979 Department of Planning, PUBLIC ACCESS TO THE SHORELINE, LEGAL ASPECTS, 1982 COUNTY OF MAUI Ordinances County General Plan, Ordinance No. 1052, 1980 Subdivision Ordinance Title 18, Maui County Code Administrative Rules and Regulations Department of Planning, Shoreline Setback Rules and Regulations Department of Planning, Special Management Area Rules and Regulations Reports Department of Planning, HANA COMMUNITY PLAN, 1982 Department of Planning, KAHOOLAWE COMMUNITY PLAN, 1982 Department of Planning, KAHULUI-WAILUKU COMMUNITY PLAN, 1981 (Draft) Department of Planning, KIHEI-MAKENA COMMUNITY PLAN, 1985 Department of Planning, LAHAINA COMMUNITY PLAN, 1983 Department of Planning, LAHAINA COMMUNITY PLAN, 1983 Department of Planning, LANAI COMMUNITY PLAN, 1983 Department of Planning, MOLOKAI COMMUNITY PLAN, 1984 Department of Planning, OPEN SPACE AND OUTDOOR RECREATION PLAN, 1974 Department of Planning, PAIA-HAIKU COMMUNITY PLAN, 1983 STATE OF HAWAII Statutes Acquisition of Rights-of-Ways by Counties, Sec. 115-1 through Sec. 115-8, as amended, Hawaii Revised Statutes Dedication of Rights-of-Ways and Easements to Counties by Subdividers, Sec. 46-6.5, as amended, Hawaii Revised Statutes Hawaii State Coastal Zone Management Act, Chapter 205A, as amended, Hawaii Revised Statutes Hawaii State Plan, Chapter 226, as amended, Hawaii Revised Statutes Hawaii State Shoreline Setback Law, Sec. 205-31 through 205-37, as amended, Hawaii Revised Statutes Rights-of-Way to Sea, Game Management Areas and Public Hunting Areas, Sec. 171-26, as amended, Hawaii Revised Statutes Reports Department of Land and Natural Resources, PROPOSALS FOR PLANNING, COORDINATION AND DEVELOPMENT OF HAWAII'S STATEWIDE TRAIL AND ACCESS SYSTEM, 1978 Department of Land and Natural Resources, STATE RECREATIONAL PLAN, 1980 Department of Land and Natural Resources, STATE RECREATIONAL PLAN TECHNICAL REFERENCE DOCUMENT, 1981 Department of Planning and Economic Development, COMPREHENSIVE OUTDOOR RECREATION PLAN, 1970 Department of Planning and Economic Development, STATE COMPREHENSIVE OUTDOOR RECREATION PLAN, 1975 STATE OF CALIFORNIA State Coastal Conservancy and the California State Coastal Commission, co-publishers, DESIGNING ACCESS- WAYS: COASTAL ACCESS STANDARDS ELEMENT OF THE CALIFORNIA RECREATIONAL PLAN, 1978. 88 APPENDIX A COASTAL RIGHT-OF-WAY INVENTORY CHECKLIST GENERAL INFORMATION A. Location Island: TMK: Region: Other: B. Nature of Ownership Easement: Private: R/W lot: Owner: Other: Public: (S/C/F) C. Nature of Coastal Interest Beach: Picnicking: Fishing: Water Sports: Others: SPECIFIC CONDITIONS A. Access Identification 1. Signs (Yes No ) a. Number: b. Size: c. Visibility from nearest roadway: d. Comments: 2. Other Landmarks B. Type of Access Dirt/gravel/grass: Concrete: Asphalt/pavement: Others: C. Width of Access Improved portion: Legal width: Unimproved portion: D. Parking Availability (Yes No. ) Right-of-Way use: Generally: Number: Marked: (Y/N) Paved: Graveled: Others: Location: Comments (eg., handicapped, parking restrictions): Facilities Availability Restrooms: Condition: Showers: Condition: Picnic Tables: Condition: Water Fountains: Condition: Telephone: Location: Receptacle: Location Lifeguard Stands: Location: Type of handicapped provisions: GENERAL CONDITIONS A. Condition of the right-of-way Unobstructed: Fully obstructed: Partially obstructed: B. Maintenance Required (Yes No ) What kind: C. Kinds of safety hazards: D. Description of area (surroundings, st reet directions, etc.): E. Other Information: 90 APPENDIX B DRAFT COUNTY OF MAUI - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE PROVIDING FOR PUBLIC ACCESS TO THE SHORELINE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF MAUI: * ~~~~~~~~~~~~~ArticlelI Statutory Authority and Purpose I ~~This ordinance is enacted pursuant to Section 46-6, HRS, as amended, and the County of Maui General Plan to provide for the identification, designation and improvement of public access to and along the shoreline Hand to implement the following policies relating to coastal access: (Maui County). Article 2 General Provision SECTION 1. General Title. This chapter shall be cited as the Public Access Code. I ~SECTION 2. Definition. For the purpose of this ordinance, certain terms used herein shall be defined as follows: Section 2.1 "Chief Engineer" means the Director of the Department of Public Works. I ~Section 2.2 "County" means the County of Maui. Section 2.3 "Dedication" means the conveyance of land, improvements, and facilities, e asements, or any Iinterest therein in fee simple title or ownership to the County for a specific use and purpose. Section 2.4 "Development Permit" means a document or certificate granted by the Planning Commission or Director granting authorization, consent or permission to allow construction for a specific use, activity, or Ioperation. Section 2.5 "Director" means the Planning Director of the County of Maui. Section 2.6 "District" means the community planning districts of the County. m~~Section 2.7. "Easement" means a grant of the right to use a strip of land for a specific purpose. Section 2.8 "Fair Market Value", means the highest price estimated in terms of money which a property wilbring if exposed for sales in the open market allowing a reasonable time to find a purchaser who buys with Iknowledge of all the uses to which it is adapted and for which it is capable of being used. sinSection 2.9 "Final Approval" means the final approval granted to a proposed subdivision where the divi- sinof land into smaller parcels is sought. Section 2. 10 "Right-of-Way" means the area established by legal description or other means which delineates a t ri it as it traverses over land. It can be established as a legal property entity or as an easement through somene'sland. Section 2.11 "Shoreline" means the upper reaches of the wash of waves, other than storm or tidal waves, * usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. * ~~Section 2.12 "Shoreline Survey" means the actual field location of the shoreline in accordance with the definition herein along with the existing property lines, located and platted by instrument surveys with the property Icorners or appropriate references thereof along the shoreline marked on the ground by a registered land sur- veyor in the State of Hawaii. Such survey maps developed by the registered land surveyor, shall bear the sur- veyor's signature and date of field survey and the confirming signature of the Chairman of the Board of Land * and Natural Resources. * ~~Section 2.13 "Structure" means any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground. * ~~Section 2.14 "Subdivision" means the division of improved or unimproved land into two or more lots, Uparcels, sites or other divisions of land for the purpose, whether immediate or future, of sale, lease, rental, trans- fer of title to or interest in, any or all such lots, parcels, sites or divisions of land. II Section 2.15 "Use" means the purpose to which land or any structure or improvement thereon or both are or may be put. The word "use" is synonymous with terms "land use" and "use of land" unless the context clearly indicates otherwise. Article 3 Program Administration SECTION 1. Application A. Every subdivider or developer of land abutting the coastline, as a condition precedent to issuance of a development permit or final approval of a subdivision, in cases where public access is not already provided, shall dedicate land or a monetary fee for public access by right-of-way or easement from the nearest public high- way or public street to the land below the certified shoreline. B. The provisions of this chapter shall not apply to: 1. Construction of a single-family residence that is not part of a larger development. 2. Repair or maintenance of roads, highways or water, sewer, power and telephone utility lines within existing rights-of-way. 3. Repair, maintenance or interior alteration to existing structures or relating to existing uses. 4. Subdivision or development of land for which tentative approval has been granted prior to the effec- tive date of this chapter. 5. Subdivisions of land into two or more lots, parcels or interests only for the purpose of clarifying public records or title adjustments, provided that no additional lots are created. 6. Demolition or removal of structures. 7. In the event a development is subjected to the park dedication ordinance and this ordinance, the more stringent requirement, as determined by the Director, shall apply, and the lesser requirement shall be so waived by the Director. SECTION 2. Comprehensive Public Access Program. A. In the administration of this chapter, the Director shall consult, as appropriate, the Shoreline Access Management Plan (July 1986) prepared for the County of Maui under a grant by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce pursuant to the Coastal Zone Management Act of 1972. B. The Director shall promulgate rules and regulations as necessary to implement this section in accor- dance with Chapter 91. Said rules and regulations may include, but not be limited to, public access locational criteria such as destination, land use analysis and natural resource identification, and construction standards for public access rights-of-way, easements, treadways and corridors; landscaping, signage, parking and main- tenance. SECTION 3. Determination of Public Access Requirements I As a condition precedent to issuance of a development permit or final approval of a subdivision of land applicable to this chapter, upon concurrence with the Director of Parks and Recreation and the Chief Engineer, the Director shall determine the location and improvements/facilities to be dedicated for public shoreline access or the amount of monetary fee thereof, or a combination of monetary fee and dedicating land in accordance with Section 2. SECTION 4. Dedication of Land and/or Improvements A. Prior to granting of preliminary subdivision approval by the Public Works Director, or development permit by the Director and/or the Commission, the County Council shall review and act on the public access location(s) and proposed improvements. 1. The required access improvements and/or facilities may be reasonably deferred, provided that an I agreement and adequate surety bond guaranteeing construction is filed and accepted by the County. 2. The right-of-way or easement shall be clearly designated on the final map of the subdivision or de- velopment by metes and bounds or similar legal description. B. Upon acceptance of the public access and related improvements through dedication by the County Council, the County shall thereafter assume the cost of future improvements and maintenance of the right-of-way or easement under its jurisdiction. 92 SECTION 5. Monetary Fee in Lieu of Dedicating Land and/or Improvements. A. Where a monetary fee is determined to be paid in lieu of dedicating or providing land and/or im- provements, the monetary fee shall be a sum equal to the "fair market value" of the amount of land required by Article 3, Section 2. B. "Fair Market Value" shall be computed as of the time of the Director's determination of access and improvement requirements in accordance with the following: 1. The fair market value shall include the value of the designated land and/or required site improve- ments as agreed upon between the County and the subdivider or developer. 2. If the County and the subdivider or developer fail to agree on the fair market value of the land, the value shall be established and fixed by majority vote of three land appraisers; one shall be appointed by the subdivider, one appointed by the County, and the third appointed by the mutual agreement of the County and the subdivider or developer. Both parties shall equally bear the costs of the third appraisal. 3. Fees paid pursuant to this section shall be made directly to the Director of Finance and said fees shall be deposited in a "public shoreline access" fund. 4. All fees or monies received shall be used for the planning, acquisition, development, improvement, maintenance, or administration of public shoreline access and related facilities including but not necessarily limited to parking, landscaping, signage, restroom, and maintenance improvements; provided that a minimum of 10% per annum shall be set aside for maintenance. Fees or monies received in lieu of providing public shoreline access shall be expended in the community planning area in which that development is located, except when used for planning or administrative purposes. Except as otherwise noted herein, the Director shall determine the purposes, activities, and areas for funding priority. 5. When funds are needed for implementing public shoreline access purposes, the Director shall submit a written request to the Mayor for approval. Upon the Mayor's approval, the Finance Director shall be autho- rized to release monies from the fund. 6. All monies, interest and other forms of earnings resulting from the fees or monies received into the fund shall hereafter be the property of the County. The interest/earnings accrued from the fees or monies received into the fund shall be expended in the same manner as the fees or monies themselves. SECTION 6. Appeal Procedures. Action of the Director may be appealed in writing to the Board of Appeals in accordance with its rules. SECTION 7. Severability Clause. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 8. Effective date. This ordinance shall take effect upon its approval. I ACKNOWLEDGEMENTS H Appreciation is expressed for the assistance and support of the people of Maui County and the Federal, State and County agencies for this project, especially the Maui County Planning Department. Special acknowledge- I ment, however, is given to the following individuals: COUNTY OF MAUI Honorable Hannibal Tavares, Mayor Howard Nakamura, Managing Director County Council Goro Hokama, Chairman Abraham Aiona Robert Nakasone Howard S. Kihune Wayne K. Nishiki Linda Lingle Charles S. Ota E. Lee Liu Velma M. Santos Planning Department Planning Commission Christopher Hart, Planning Director David T. Fukuda, Chairman Ralph Masuda, Deputy Planning Director Joseph C. Ventura, Vice-Chairman Jeffrey Chang, Planner (Project Manager) Toshi Ansai Kalvin Kobayashi, Planner (Asst. Project Manager) Joseph Felipe Clyde Murashige, Planner Joseph J. Franco John Min, Planner Rachael Jio Colleen Suyama, Planner Susumu Sakaida Ann Molina, Planner Tom Sato Philip Ohta, Planner Roy Suda Clayton Yoshida, Planner Marilyn Moniz, Director, Dept. of Parks and Recreation Masaru Abe, Dept. of Parks and Recreation Alvin Fukunaga, Director, Dept. of Public Works STATE OF HAWAII Kent Keith, Director, Dept. of Planning & Economic Development Douglas Tom, CZM Coordinator Robert Chun, Dept. of Transportation, Airports Division I Ed Kurosawa, Dept. of Transportation, Airports Division Edward Ansai, Maui Land Manager, Dept. of Land & Natural Resources OTHERS Toshio Ishikawa, former Maui Planning Director Ralph Hayashi, former Maui Public Works Director Millicent Kim, Researcher Harold Oba, Drafting Katherine Higa, Typist Published July 1986 9 4 I