This summer a Toyota Tacoma speeding on the beach at Anahola Bay flipped over a few feet away from a tent with a mother and young boy inside.
Although Anahola Hawaiian Homes Association leaders, the operators of Kumu Camp where this happened, have been warning the Department of Hawaiian Home Lands of dangerous driving on the beach for years, no action has been taken.
Homesteaders, local residents, and tourists all value our pristine beaches and fragile coastal ecosystems. We enjoy our beaches as a core part of our way of life.
Sadly though, as you can see on any given weekend, there are many who drive and even park on the beach sometimes beyond the high water mark. They must feel entitled to that kind of full vehicular access and that kind of convenience. They must not know it’s illegal!
My hope is to provide the law so that those doing this, and not realizing it’s against the law, will stop. The state law is Hawaiʻi Administrative Rules, Chapter 13 221 3 (Land Management: Unencumbered Public Lands – Unlawful Acts) which states: “Open fires and driving on the beach are both violations of Hawaii Administrative Rules Chapter 13 221 3.”
Violations of HAR Chapter 13 221 3 can result in penalties: a fine of up to $500 per day, plus administrative costs and damages. In addition, under HRS § 171 6(15), civil fines can go up to $5,000 for a first violation, and additional fees (such as $1,000/day) if the violation continues.
Other potential liability could include charges for damages to state lands or private property and for any necessary cleanup, as well as vehicle forfeiture.
Some county ordinances also reinforce these prohibitions. For example, in the City & County of Honolulu Ordinance § 10 1.5 Public Beaches, the law specifies: “No person shall operate, park, or store or otherwise exert control over any unauthorized motor vehicle on any public beach with the exception of areas specifically designed to accommodate motor vehicles such as paved roads for boat launchings.”
There are many reasons why the law is in place that may appeal to some of your own personal views and values:
- Environmental Protection: Habitat damage crushes dune vegetation, disrupts nesting areas for shorebirds or turtles, and destabilizes sand structures; Erosion compacts sand and destroys natural barriers against storm surge and wave action.
- Safety: This behavior risks causing serious injuries to unsuspecting sunbathers and other beach goers; The terrain is unpredictable as shifting sands, rising tides, hidden obstacles, or soft sand could cause a vehicle to become stuck or overturn.
- Cultural Value: beaches are culturally important to Native Hawaiians and preserving our shoreline integrity respects Native Hawaiian culture and traditions.
- Aesthetics: a clean, undisturbed beach is more enjoyable for all.
As a Native Hawaiian homestead leader who loves our ‘āina and our people, I ask that community members and visitors not drive on our beaches. Together, let’s keep our beaches healthy, beautiful and safe!
