Musings: Sandbagged

Back in December 1996, a very high surf event caused extensive erosion along a stretch of shoreline in Haena, threatening three houses.

Kauai County and the state Department of Land and Natural Resources allowed the  landowners to install a sandbag revetment in front of five contiguous oceanfront lots. The county issued a Special Management Area emergency permit for what was supposed to be a temporary fix. 

Condition #5 of the permit clearly states that “[t]he emergency shoreline protection measures shall be temporary [emphasis added] until acceptable permanent measures, which may include relocation of the structures, are approved through normal permitting procedures…

The state also issued an emergency permit, with conditions that specify (emphasis added):

“[t]he expiration date shall be December 12, 1997; and the permittee during the one year timeframe for this authorization shall prepare a shoreline survey and work to resolve the shoreline emergency through the appropriate permitting process:”

“The emergency shoreline protection measures shall be temporary until acceptable permanent measures, which may include relocation of structures, are approved through normal permitting procedures by the planning commission/department and other appropriate agencies.”

“Within one year of the date of this approval, the applicant shall submit a report prepared by a qualified professional, containing an assessment of the projects effectiveness, impacts on the shoreline, and recommendations for additional action. Should the measures be found to adversely impact the shoreline or other SMA resources, corrective action shall be identified and implemented, which may involve the removal or destruction of the sea bags.”

Yet here it is, nearly two decades later, and the sandbags remain in place, degrading the dune, hindering the natural movement of sand and potentially jeopardizing the county's adjacent Haena Beach Park.

The ocean has continued to eat away at the revetment, and in 2000, 2002, 2003 and 2006, a bulldozer covered the exposed sandbags with sand pushed up from the fronting and adjacent beach. 

To its credit, the DLNR denied a fifth request to excavate the beach to cover the sandbags, telling homeowners:

…sand pushing/scraping can destabilize the beach profile and actually increase beach loss and coastal land loss. This can, in some cases increase the steepness of the beach profile and accelerate erosion processes. 

In March 30, 2009, Sam Lemmo,  administrator of the state Office of Conservation and Coastal Lands, advised property owners to "remove the temporary structure, or apply for a CDUA [permit] for permanent shore protection so this matter can be resolved.”

The county also weighed in, advising the owners it would be carefully scrutinizing the CDUA permit.

Meanwhile, the sandbags have been deteriorating into rubbish that creates an eyesore on the beautiful beach and poses harm to marine life. 

Other sandbags were dislodged from the revetment and trapped between the reef and rocks.

The beach has also become steeper, making it harding for endangered monk seals to haul out and rest in this marine conservation area.

And still the county and state allow the landowners to drag their feet as they upgrade their houses and repeatedly sell the multi-million-dollar properties. All five lots have changed hands — some of them multiple times — since the temporary sandbag revetment was installed.

One of the owners is Neal Norman, who acquired a lot for $1.35 million in 2000 and then sold it to his trust for $3.5 million at the end of 2008. How much of that increased value was due to the protective revetment, and the loss of the public beach?

In the midst of this mess, the state has approved construction of new houses on the two vacant lots behind the sandbags, imposing these conditions, among others:

This action by the board in no way legitimizes the sand bag groin on the seaward side of the property and the DLNR has the right to ask for removal of the structure should the landowner fail to comply with the County of Kauai Emergency permit (E)-97-03 declarations; or if it is determined that the structure is causing harm to the public beach.”

Condition #19 “No shoreline hardening, sandbags or other structures be allowed to artificially fix the shoreline for the life of the development. This condition shall be incorporated into the conditions for approval and filed with the Bureau of Conveyances.”

Longtime Haena residents Caren Diamond and Chipper Wichman have had enough. They're asking DLNR to order landowners to remove the sandbags and restore the beach to its natural condition. In an April 12, 2015 letter to Lemmo, they wrote:

In short, this has become a serious environmental problem - a problem that should have been rectified many years ago. While removing the revetment could have long-term stability consequences for the existing homes all of the current owners bought this property knowing that shoreline erosion at this location was a major issue and that the temporary revetment would have to be removed and that the permanent hardening of the shoreline would not be allowed as it is in conflict with the shoreline management policy of both the State of Hawaii and the County of Kaua‘i.

Our community is committed that this important public beach should not be armored but should be kept in its natural state.

The state, however, has punted to the county, saying the county needs to revoke its temporary permit before the state can act.

And all the while the bags keep falling apart, the sand keeps getting swept away and the properties keep increasing in value as the public beach pays the price.