The Hawaii Board of Land and Natural Resources on Thursday fined Joshua VanEmmerik, who owns a property at Sunset Beach, $77,000 for erosion control violations in front of his home, according to a news release. He has 90 days to pay his fine. 

What You Need To Know

  • The Hawaii BLNR fined Joshua VanEmmerik, who owns a property at Sunset Beach, $77,000 for erosion control violations

  • VanEmmerik allegedly placed small polypropylene sandbags on top of older erosion control measures in front of his home that had already failed. He then poured concrete over the bags

  • After being issued a Notice of Alleged Violation, OCCL staff saw workers allegedly dug a trench and laid tubes in the trench after mining sand from the beach to fill them

Last year, VanEmmerik allegedly placed small polypropylene sandbags on top of older erosion control measures in front of his home that had already failed. He then poured concrete over the bags and placed rocks on the beach, which is part of the State Land Use Conservation District. 

On Sept. 30 2022, the DLNR Office of Conservation and Coastal Lands issued a Notice of Alleged Violation to VanEmmerik.

After OCCL issued the Notice of Alleged Violation last year, a Settlement Agreement included the removal of all alleged unauthorized structures by Sept. 30, 2023. OCCL staff said most of the material was cleared, but that some of the debris was found in the sand. 

From Oct. 28 and Nov. 5 this year, OCCL continued to collect evidence of unauthorized work occurring in the conservation district in front of VanEmmerik’s home. Workers allegedly dug a trench and laid tubes in the trench after mining sand from the beach to fill them. Then the tubes and sand were allegedly covered with a geotextile cloth. 

The BLNR issued its fine Thursday based on staff recommendations for the aforementioned violations. 

“The beaches of Oahu’s north shore bring residents and visitors out to support economic activities, which are key for the north shore,” said OCCL Administrator Michael Cain. “The beaches are held in public trust by the state for the people of Hawaii. It is DLNR’s responsibility to protect these resources.”

DLNR has not issued any temporary emergency authorizations or renewed any existing authorizations for the last three years. However, OCCL said many homeowners have continued to install erosion control structures. 

OCCL staff wrote in its recommendations to the BLNR, “The state should be consulted, and a land disposition obtained, when individuals feel the need to temporarily use beach areas for construction purposes, and there should be consequences when an individual unilaterally and willfully acts in such a way that endangers such a significant public-trust resource.”

Michelle Broder Van Dyke covers the Hawaiian Islands for Spectrum News Hawaii. Email her at michelle.brodervandyke@charter.com.

 

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