Ruling acknowledges public's right to shorelines

The ruling this week settles three decades of disputes about where private holdings end, declaring that public lands begin at the highest wash of waves at highest tide during the highest season and disregarding "artificially planted" vegetation as a mark for determining boundaries.

The judgment recognizes the objective of a state law to protect beaches for public use and to extend public ownership as much as reasonably possible.

At issue was the certification of shorelines, the point from which zoning laws determine how far inland homes and other structures must be built.

For years, the state Department of Land and Natural Resources employed rules that improperly used vegetation lines as the preferred measure of shorelines. By law, the washes of waves and the debris lines they leave also should have been considered, with the farthest inland reach as the boundary.

When environmental and citizens groups challenged the rules, the department earlier this year corrected procedures to comply with the law.

However, the ruling involved a certification made under the previous rules at a Kauai beachfront lot where the owner had put in salt-tolerant plants. The court said such plants cannot be used as a determining factor since the practice allows landowners to extend their property into what is rightfully public shoreline.

Over the years, beach erosion -- occurring naturally or caused by seawalls and other development too close to the ocean -- has become a serious problem across the state. About 25 percent of beaches on Oahu and a third on Maui have been lost -- along with public access.

Some property owners, wanting to build dwellings as close to the ocean as possible, put in plants -- and sometimes irrigation systems -- narrowing public space. Ironically, many found their homes endangered as erosion pulled the ocean closer. In stormy weather, many houses flood as waves sweep over foundations. Some built seawalls, which only seemed to exacerbate the problem.

Correct certification of shorelines will help oceanside landowners avoid having their investments washed into the sea. Though the ruling is seen as a victory for public space, landowners also will benefit by knowing how far back to build.

Public access to the ocean is a fundamental right in the state, rooted in Hawaiian tradition. While residents rely on state and county officials to protect their interests, individuals also should be watchful. Caren Diamond, the Kauai woman who brought the case to court, is a good example. She should be commended for her perseverance.