The Board of Land and Natural Resources fined two North Shore properties, both at Sunset Beach, nearly $1 million each for unauthorized work on the shoreline meant to protect their properties from beach erosion.
According to a DLNR news release from Friday, “the board offered to offset the fines if the homeowners agreed to remove residences from their shoreline properties, and erosion control structures from state land.” The costs to remove the structures could be used to reduce the fines.
William and Melinda Kernot and Sunset Oasis LLC, who own the property at 59-151 A Ke Nui Road, were fined a total of $948,000 for unauthorized work on public lands within the State Land Use Conservation District.
The DLNR Office of Conservation and Coastal Lands said the Kernots had been told to stop work at least three times, but despite this continued unauthorized work. The fine for this violation amounted to $45,000.
BLNR also fined the Kernots $15,000 for installing a sand-filled burrito system; $15,000 for failing to remove temporary erosion control structures; and $45,000 for continuing to work for three days after receiving notice to stop all work.
The largest fine — $873,000 — was an accumulation, $1,000 per day, for failure to remove encroachments on public land after receiving notice on July 18, 2021.
Rodney Youman and Zhungo LLC, who own 59-149 Ke Nui Road, were fined a total of $993,000. Records show Youman purchased his property in 2016 for $1.6 million.
OCCL said Youman continued unauthorized work after receiving notification to stop on at least four occasions between Sept. 2020 and Sept. 2022. For this, Youman received a $75,000 fine.
BLNR also fined Youman $15,000 for constructing a seawall within the conservation district; $15,000 for placing rocks to create an unauthorized retaining wall; and $15,000 for not removing the temporary erosion control measure after the authorization period expired.
Similar to the Kernots, Youman’s largest fine, $873,000, was for failure to remove encroachments on public land after receiving notice on July 18, 2021.
Both the Kernots and Youman have requested Contested Case hearings.
The OCCL said in its submittal to the BLNR that beach erosion on Oahu’s North Shore around Sunset Beach has intensified significantly over the last few years, which they said was likely a cause of acceleration in sea level rise. Seawalls and other enforcement measures “protect private land mauka of the armoring device while harming the public trust resources makai of the wall,” the OCCL said.
“Coastal armoring or shoreline hardening devices damage beaches by cutting the sand bank and impounding sand behind walls; refracting waves and creating a high-energy environment that impedes sand accumulation; creating flanking that can increase adjacent erosion and damage neighboring properties; and impacting lateral transport thereby damaging downdrift beaches,” the OCCL continued.
From 2017 to 2020, DLNR approved about 35 temporary control structures fronting about 50 properties between Kaaawa and Waialua on the North Shore. However, DLNR said, most of the permit holders did not compile with the conditions of the permits.
Last year, BLNR fined three other Ke Nui Road property owners for unauthorized shoreline work. Two requested Contested Cases, while the third did not prevail in a Contested Case hearing and has been ordered to submit a plan for removal of structures fronting his home.
Michelle Broder Van Dyke covers the Hawaiian Islands for Spectrum News Hawaii. Email her at michelle.brodervandyke@charter.com.