Governor Josh Green, M.D.

 

DEPARTMENT OF LAND AND NATURAL RESOURCES 

 

JOSH GREEN, M.D. 
GOVERNOR 

 

DAWN CHANG 
CHAIRPERSON 

 

NEWS RELEASE 

 

 

FOR IMMEDIATE RELEASE 

Dec. 7, 2023

 

NORTH SHORE PROPERTY OWNER FINED $77,000 FOR SHORELINE EROSION CONTROL VIOLATIONS

 

(HONOLULU) – The Hawai‘i Board of Land and Natural Resources (BLNR) today fined Joshua H. VanEmmerik$77,000 for erosion control violations on his Pūpūkea-Paumalu Beach Lots property. The BLNR accepted staff recommendations in its decision, which imposes fines andadministrative costs on VanEmmerik.

 

Staff from the DLNR Office of Conservation and Coastal Lands (OCCL) described for the board, the value of the natural resources on the north shore. “The beaches of O‘ahu’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 the Hawaiʿi. It is DLNR’s responsibility to protect these resources.”

 

According to OCCL, the Paumalu to Pūpūkea stretch is one of the most famous beaches in the area and is heavily utilized at all times of the year.

 

On Sept. 30, 2022, OCCL issued a Notice of Alleged Violation to VanEmmerik concerning the placement of small polypropylene sandbags over failed and expired temporary erosion control measures, the pouring of concrete over the bags, unauthorized construction, and placement of rocks on land in a State Land Use Conservation District.

 

OCCL then entered into a Settlement Agreement which included the removal of all alleged unauthorized structures. This work was to be completed by Sept. 30.Two days later staff observed most of the material had been removed though some debris, cement pieces and geotextile materials were found in the sand.

 

Between Oct. 28 and Nov. 5 this year OCCL collected evidence of unauthorized work occurring in the conservation district. This included workers digging a trench, laying tubes in the trench after mining sand from the beach to fill them. It’s alleged the tubes were thencovered with sand and a geotextile cloth. This unauthorized activity is the subject of the BLNR enforcement action today.

 

In its submittal to the BLNR staff wrote, “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.”

 

For the past three years DLNR has not renewed any temporary emergency authorizations for beach erosion control, nor has the department issued new authorizations. Yet many owners have installed or continue to install unauthorized erosion control structures without DLNR consent or authorization, according to OCCL staff.

 

VanEmmerick has 90 days to pay the $77,000 fine.

 

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RESOURCES

(All images and video courtesy: DLNR)

 

HD video and photographs – 59-147 Ke Nui Road and 59-147 A Ke Nui Road:

Video links and time codes and photo clip numbers are attached.