Private Noncommercial Piers Program

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[from Act 129: Relating to Non-Commercial Piers]

"The legislature finds that additional time is needed to negotiate long-term leases with private noncommercial pier owners across the state." ...the Legislature extends "the repeal date of Act 261, SLH 2000 from June 30, 2005, to June 30, 2007"

[Excerpted from Conservation District Use Application OA-3017B, BLNR Submittal 07/13/2001, Item D-32, below]

In May 1998, the Board of Land and Natural Resources approved a plan to address the problem of unauthorized piers in Kaneohe Bay, island of Oahu. Many shorefront property owners who have ocean-related recreational interest such as boating, swimming, and fishing have constructed piers. Most of these piers lack proper authorization from the State and are therefore considered to be illegal. The problem has persisted for several decades without direct action by the State. Lack of staff resources has made the enforcement of the all of the State's established land use laws difficult.

The goal of this program is to provide owners of unauthorized piers with the required permits to achieve compliance with the State's land use laws and ultimately resolve the illegal pier problem in Kaneohe Bay.

In order to help facilitate a solution to this problem, the Governor, on June 20, 2000, signed the Legislature's Act 261, which amended Chapter 171 Hawaii Revised Statutes as follows:

"Private residential noncommercial piers. Notwithstanding any limitations to the contrary, the board of land and natural resources may lease, by direct negotiation and without recourse to public auction, state submerged lands or lands beneath tidal waters for private residential noncommercial piers on such terms and conditions as may be prescribed by the board."