A Pair of Bills Could Change Erosion Policy

Recent hearings at the Legislature have zeroed in on a pair of bills aimed at tackling the growing crisis of coastal erosion in Hawai‘i. House Bill 1846 would create regional shoreline mitigation districts, requiring property owners in hard-hit areas to develop coordinated plans to manage erosion and sediment. House Bill 2205 proposes to replace the current ban on private shoreline hardening with a policy that allows “limited, carefully conditioned shoreline protection” measures and would authorize emergency permits valid for up to five years. Both bills were deferred by the House Water and Land Committee but remain alive in the 2026 session.

Coastal residents in places like Kahana say the legislation could give them more tools to act quickly when waves threaten their homes. They’ve seen sandbags and seawalls fall apart while waiting for approvals. Supporters argue that streamlined permitting and limited shoreline protection could help stabilize eroding beaches and buy time for long-term solutions.

However, officials at the Department of Land and Natural Resources caution that weakening existing protections could come at a cost. In 2020 Hawai‘i banned private shoreline hardening structures because seawalls, sandbags and geotextile “burrito” systems accelerate erosion and block beach access. DLNR administrator Michael Cain warned lawmakers that the proposals would shift focus away from public trust resources and overturn a law considered a national model for coastal conservation. He also noted that the DLNR already has authority to issue emergency permits when beaches or public infrastructure are at risk.

Why This Matters for Your Shoreline Project

Whether you’re building a new home near the shore or upgrading an existing property, these proposals could influence what kinds of coastal protection are allowed and how quickly permits are issued. Here’s what to watch for:

1. Regional mitigation plans. HB 1846 would require landowners within a designated mitigation district to prepare coastal erosion and sediment management plans. If you’re in an erosion hotspot, start gathering historical shoreline data, photos and expert assessments now so you can contribute to a regional plan.
2. Limited shoreline hardening. HB 2205 would allow certain structures—such as rock groins or living shorelines—for a limited time and with strict conditions. Design any proposed erosion control measures to minimize impacts on neighboring beaches and public access, and be prepared to remove them when conditions change.
3. Stay compliant with current rules. Act 16, passed in 2020, still prohibits unauthorized seawalls, sandbags and other hardening structures unless you have an emergency permit. A recent Civil Beat report highlighted how unpermitted sandbags near Mokulē‘ia blocked public beach access and prompted state investigations. Don’t risk fines—consult with the county or DLNR before installing temporary protections.
4. Monitor legislative updates. Bills often evolve. Watch for amendments or companion Senate measures that could expand or limit their scope. The House committee’s decision to defer HB 1846 and HB 2205 indicates that lawmakers are weighing environmental and property rights concerns.
5. Plan for resilience. Even if limited hardening is allowed, design your project to withstand sea‑level rise and storms without relying on walls. Elevated foundations, permeable landscaping and natural buffers can protect your investment while preserving beaches.

If you have questions about how these bills or existing laws affect your project, feel free to email ryan@schawaii.com or call 808‑762‑2345 for personalized advice.

How Shoreline Consulting Hawai‘i Can Help

Navigating Hawai‘i’s complex shoreline regulations isn’t easy. Our team at Shoreline Consulting Hawai‘i specializes in helping homeowners, businesses and developers obtain Special Management Area (SMA) permits and design projects that respect both private property and public resources. We can:

• Assess eligibility and develop strategies. We determine whether your project falls within the SMA or proposed mitigation districts and whether you qualify for minor or emergency permits.
• Prepare complete documentation. We work with trusted engineers, architects and cultural practitioners to assemble site plans, wastewater system designs and narratives that demonstrate compliance with Chapter 205A. Our experience with Environmental Assessments helps streamline commercial projects.
• Coordinate with agencies and communities. We liaise with county planning departments, the DLNR, and other state and federal agencies. We also engage neighbors and cultural practitioners early so that community voices are heard and potential conflicts are resolved.
• Monitor policy changes. Our team tracks legislation like HB 1846 and HB 2205 and advises clients on how new rules could affect project timelines. If the definition of “development” is revised—as proposed in Senate Bill 2546 to exempt routine maintenance and certain small projects from SMA permits—we’ll help you understand whether your work still requires a permit.

Looking Ahead

Hawai‘i’s shoreline is dynamic, and its laws are evolving to balance property rights with environmental stewardship. While some lawmakers push for more flexibility to address erosion, agencies and advocates stress that hardened coastlines often lead to narrower beaches and lost public access. For property owners, the best approach is proactive planning: stay informed about legislative developments, design for resilience and work with experienced consultants who understand the permit landscape.

Whether these bills advance or stall, Shoreline Consulting Hawai‘i is here to guide you through the SMA process and help protect both your investment and our island’s irreplaceable beaches. Reach out at ryan@schawaii.com or 808‑762‑2345 to discuss your project today.