honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Thursday, September 13, 2007

BUREAUCRACY BUSTER
Hawaii streams not public property

By Treena Shapiro
Advertiser Columnist

Q. I was walking in a stream and was told by a security guard that the stream was private property as well as all the land surrounding and I could not be in it.

It was my understanding that Hawai'i streams are public property and the public can be in them. What is the law?

A. The security guard was right.

Deborah Ward, spokeswoman for the state Department of Land and Natural Resources, said it's a common misconception that all Hawai'i streams are publicly owned.

While state law allows for public access to beaches and shorelines, this policy does not extend to streams.

Obviously, some of the streams lie on state or county land and are open to the public. However, if a stream lies on private property, the owner can restrict access.

Many streams have more than one property owner. Consequently, you might have started out walking in a public stream, then crossed into private property.

For example, one stream that flows through Nu'uanu crosses through residential properties and Kuakini Medical Center and joins with Nu'uanu Stream in the city-owned Lili'uokalani Botanical Garden.

Ward said the only way to know who owns what portion of a stream is to look it up on the tax map key. This might require a trip to a county office, however, since the streams may not be visible online.

Q. Who is responsible for a stream that runs between multiple properties?

A. It is possible that the property line lies in the middle of the stream, making all property owners responsible for maintenance.

Again, it would require looking at the tax map key to determine where the property boundaries are.

Both the city and state receive numerous calls about unkempt streams, particularly after heavy rain and flooding fill a stream with debris.

While the property owners are responsible for maintaining, dredging and clearing their streams to avoid further flooding, complaints can be directed to the city Road Maintenance/Repair, Drains, Ditches and Stream Lines offices, listed in the white pages.

In some instances, the city will step in and clear the stream, but will charge the property owners for the work.

If owners do not properly maintain their streams, they can be fined up to $500 per day.

Anyone with questions or concerns can call the Clean Stream hotline at 768-7890.