Hawaii’s beaches are an untold treasure for visitors and residents alike. But what do you think about the picture above showing empty beach chairs blocking access on public beaches? The encroachment of commercial interests has sparked significant debate over the past couple of years, and it has come to a head in Waikiki again.
The state’s Department of Land and Natural Resources (DLNR) has taken decisive action to ensure public access to these spaces remains paramount over commercial interests. They are enforcing new regulations aimed at curbing the practice of presetting beach chairs and umbrellas without customer presence.
Under Act 227, the fines for violating Hawaii’s beach rental equipment regulations can be substantial. The first offense is $5,000, the second offense is $10,000, and the third and subsequent offense fine is $15,000.
This law prohibits presetting of beach chairs, umbrellas, and other commercial equipment without a customer being physically present. It also requires immediate removal after use. The purpose is to keep Hawaii’s beaches focused on being accessible to the greatest number of people, both residents and visitors. All commercial activity is considered secondary to public use.
Oahu is next ground zero for beach enforcement.
Waikiki Beach, one of the state’s pinnacle tourist destinations, has been at the heart of the latest enforcement efforts. The state has just issued cease-and-desist notices to several hotels and vendors, including the Royal Hawaiian, Moana Surfrider, and Sheraton Waikiki.
Maui DLNR compliance.
On Maui, similar enforcement actions are being implemented. Vendors have been advised to comply with the regulations to prevent unauthorized occupation of beach space, and we encountered those rules when staying at Wailea Beach last month. The DLNR is continuing to monitor these areas to ensure public access is preserved.
Kauai is also addressing concerns about public beach access.
While Kauai has not seen the same level of direct enforcement as Oahu and Maui, there have been ongoing public discussions about beach access and commercialization. The principles of Act 227 apply, and the DLNR’s focus remains on balancing commercial activities with public beach access.
In 2022, Kauai Beach Boys was cited for presetting a large number of chairs and umbrellas on the beach before a giant cruise ship docked to accommodate an influx of visitors. Protesters showed up and the issue was then addressed by the Kauai Visitors Bureau.
Big Island: Future Considerations
Currently, enforcement efforts are concentrated on Oahu and Maui, but there are potential plans to expand regulations as needed throughout the state, including the Big Island. The DLNR and lawmakers are assessing the effectiveness of these rules before considering wider implementation.
Legislative and community reactions are mixed.
Public response to enforcement of the rules has already been mixed. Advocates for public access priority support the DLNR’s actions, seeing them as essential to maintaining open beaches for residents and tourists. On the other hand, vendors argue that the rules are restrictive and negatively impact their operations.
The DLNR’s commitment to enforcing Hawaii beach access for visitors and residents highlights the significance of preserving Hawaii’s beaches for public enjoyment. It is an important function of the state DLNR. As these rules continue to be applied, a balance between commercial use and public access can be achieved, ensuring that these iconic landscapes remain welcoming and accessible to everyone.
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It’s wonderful that the Hawaiian government is enforcing the rules on beach access, business is unfortunately not always friendly to residents, and hotels will obviously place beach furniture right up to the high tide mark, they should be heavily fined for any infractions, which may curb the problem.
It looks as if hawaii has now gone the way of many hotels
In the caribbean/mexico, etc., sooooooooo not a good idea—-
What happened to the ‘hawaii open beaches’ concept???
We are former airline people-spent eons of time in hawaii-
Then moved there for 7 years ——hawaii itself is now killing
The tourist industry all by itself —-leave the beaches alone
What a remarkable improvement in beach access also in front of the Hilton Hawaiian Village. Keep up the great public service. Beaches off for everyone and no commercial entity is guaranteed to make money.
Heh… Glad I’m not much of a beach type anymore, I’m more of a Ridge Runner. Did my fair share of surfing and loafing on the sand in my youth but now it just bores me to tears… Sad Jah?
Best Regards
Whatever the hotels want, the hotels eventually get. Including beach rights, it now appears.
You are correct that the hotels get what the hotels want. But this is a step in the right direction. Next limit the building of huge Timeshares mostly along Waikiki. The Hilton has covered almost every inch of ground at its premier property. The Hawaiian Village.
Let’s get the powers that be to limit this type of over development.
First off Waikikki beach is man made. Barges bring sand in and dredges pump the sand into the corresponding location. Why do you think gold sand is in front of the Illikai and Hawaiian Hilton Village beach. white sand in front of the Outrigger area Hotels and way down by the Circle Hotel there is white grey sand. Farther east the sand gets more rocky. If these areas weren’t restocked every seven years there would be no beach. Who pays for this? DLNR office of conservation and the OCCL. If Hotels pay to bring in their own sand then who controls that stretch of beach? My sand my beach issue.
You know, too many problems, issues, disagreements, government mismanagement, lack of planning and foresight, poor to mediocre leadership, a divide between politics, business/industry, locals and non-owners and visitors, questionable decisions, the sale of huge tract of land and other real estate to wealthy celebrities that could have been to better use under the principle ‘best and highest use’ for the general good in view of the challenges and issues in Hawaii right now. It’s quickly spiraling into chaos in paradise – a clusterfudge of non-resolved issues with no real solutions or agreement in the foreseeable future. It took one terrible turn of events to make it finally implode. No more paradise, serenity and peace. Sad. Very sad. The aloha spirit is only a marketing pitch thing. Now the survival of Hawaiian Airlines caught in this riptide.
The photo in your story is clearly the Royal Hawaiian with two rows of lounges widely spaced. Considering the amount I believe the hotels are assessed for beach replenishment, perhaps compromise is in order. One row of lounges tightly placed in front of the hotel might be sufficient. I have not stayed in these properties but have done so here on the Big Island as well as as a guest of friends at Mauna Kea.
This would facilitate the hotels serving their customers with food and drink also.
Here, a rare case where the DLNR and Hawaii government are correct. Not only should the Hawaii government enforce total and complete public access, the Hawaii legislature should triple the fines. These lawbreaking hotels did nothing to create the beachfronts. The beaches belong to all citizens of the United States, and in particular Hawaiian residents and visitors. Go after these hotels and properties with vigorous enforcement.
Mahalo! And they need to tell all that to the jeff bezos idiots who try to run off boats on maui!! They think not only does the beach belong to him, that the ocean does.
I’m a 18 year resident of Hawaii Island. The resorts on the west side have been dominating our beaches for many years with multiple rows if lounges / umbrellas. They have very limited parking for residents (Mauna Kea Hotel it’s so limited that the gatekeeper turns people away already at 8am, daily and tells us to go to Hapuna State Park, instead.
The Four Seasons has limited parking and they placed it so far from the beach a long walk is required for residents to reach the beach). The Mauna Lani is just as bad. I was merely walking the public Ala Kahakai Trail across the beach at the waterline (not near Mauna Lani’s assertive multiple rows of EMPTY lounges) when a security person told me to leave the beach !!! The Mauna Lani security guard actually said it was “private beach front” for “their guests”. I informed him, otherwise. I have written to management, to local politicians …into thr abyss. These hotels have to to stop their assertive practices.
Mauna Kea used to let me in occasionally, now at 8, they say no room. Hawai’i is magical because its citizens take care to make sure everyone has access to the beach. Able bodied people need to walk over there, don’t let them stop you. It’s a shame if you have a handicap! They will just discriminate. They used to be very reasonable. I see having a limit to protect beaches, but not letting people in at all, having all these empty chairs!!!
Many properties have a stack of chairs and an attendant working through the pool house/towel hut. If you want a chair, you rent one and the attendant sets it up for you. When you’re done, they put the chair back on the stack. Everyone has all the access and convenience that they want. The big 3 on Waikiki mentioned in the article are “owned” by the same company that uses such programs on other properties, so they know how to do it.
The argument that “the rules are restrictive and negatively impact their operations” simply means that a revenue stream that they know they’re not entitled to has been properly enforced. Management has to explain to “corporate” that this is not the Côte d’Azur nor Riviera Maya, which is why you have patrons to begin with.
Celebrate the culture by respecting the rules. Kapu Aloha.
Hate ———-to see beach chairs and umbrellas
lined up like little soldiers on the beaches ———–hotels
should not be able to take up the beach space with their
umbrellas/chairs, etc. ——–so much for the open beaches
of yesteryear!!!!! no doubt they rent them – worse yet!!!!!c
I think that local residents should get together and plan “Beach chair sitting” parties. All go to a beach with pre-set chairs and umbrellas and squat in the chairs and party for a few hours. If the hotel staff and management comes and threatens to call the authorities, let them, and then show the DLNR rules to any police officers and ask them to enforce the “no pre-set” rules! Show the hotels and the authorities that beaches in Hawaii are public beaches.
I love this idea. I hope someone organizes this and follows through.
I would like to see the BI of Hawaii push back on some of the resorts that already have limited parking to use the beaches at some of the pricy resorts. These resorts seem to put out many chairs covering about half of the length of the beach, such as Fairmont, Mauna Kea, and Mauna Lani, for example. They also make it hard to access the beaches if you are not staying at their resort. A guide to public access to these beaches would be helpful. I seem to find my way through the guarded gates for access, but they don’t make it easy. only previous knowledge help me find my way. As I am handicapped in how steep an area I can walk, it can make it difficult as I age. I will be staying at the Villages of Mauna Lanig in Sept.
We store our beach chairs and umbrellas with A Hui Hou on Maui. Great company, by the way. They deliver the day we arrive and pick up the day we depart at the bell desk of our timeshare. That being said, our timeshare only puts out chairs, umbrellas and loungers when a guest is present with a receipt. We like that the beaches are public in Hawaii. Hotels etc. should comply and only put them out when a guest is present.
Go ahead and set up your chairs. Then let me use them!
We tried that. 🙂 My husband and I were tired on our daily long walk one day, and we tried to sit on the corner of a lounge chair in front of the Grand Wailea. There were 0 people at the beach at that time. It wasn’t 3 minutes before a hotel employee zipped down and sternly asked us if we were guests of the hotel, and if not, we weren’t allowed to sit there. Didn’t make that mistake again…
I thought all HI beaches were public-established in a court case against a hotel chain (I think Rock Resorts by the article I read but this may be incorrect) that tried to “privatize” the beach in front of their hotel. From the article, its clear that empty chairs/lounges on the public beach, set out for rent or use (eventually) by hotel guests, were illegal unless occupied. So-you should have been within your rights, and presumably could report the Grand Wailea/their agents for illegally placing unoccupied lounges. They are a consistent offender on Wailea beach-lots of empty rows of lounges out (none with any towels or beach things to suggest the guests are using them but swimming) every time we have been on that beach.
And I bet those “clerks” get 15 an hour to be snobs. Smh and rofl.
It’s true the vendors and hotels are attempting to stop non-paying tourists and residents from using the beach and with this practice, making it exclusive to their guests. These vendors and hotels feel that free use of the beach affects their business but let’s not allow that to the point of being greedy. These are Public beaches and have been for decades or longer. I am sure guidelines could be issued to limit the practice to presetting umbrellas as is currently done but leaving a distance of 10 foot or so between the umbrellas and larger walkways to allow for regular foot traffic. Most of the hotels already have specific spaces cordoned off with ropes or barriers now that limit spaces to guests only so allow that and stop allowance of presetting beach equipment, or because they have been allowed to preset umbrellas for years, give them guidelines to follow. Otherwise they will go pressing the issue in hopes it will just go away. This seems like a fair trade to me.
Yet more drama. Now beech access. Another reason not to visit Hawaii.
Drama about locals treatment of tourists, airlines, over pricing, cutting back on short rentals etc etc etc .
As I said, these idiots can’t see the forest for the 15/hr to protect the trees. And they serve who stand and wait for that pittance.
Most years, for the last 20 or so, we have delighted in visiting Maui once or more frequently twice a year, for a total of 4 weeks. I certainly have seen this beach equipment rule broken frequently there, especially by the large hotels on Wailea beach, particularly the Grand Wailea (to a much lesser degree the Four Seasons). Never seen the rule discussed enforced there.
On Maui, I’m not seeing the prevention of unoccupied beach seating. Along the Wailea beach path, almost all of the hotels have tons of lounge chairs and umbrellas, all in long, triple rows, occupying the beaches with almost no people in them, and almost no people around them.
I just returned from Honolulu on the 23rd of July. I found this whole beach thing to be a real problem. There are so many longes/umbrellas now there is literally very little space for others. It was so bad some days that you were so squeeze in with everyone else. I get they are trying to make an extra buck but when they sit empty (and a lot did) it doesn’t seem fair to us who are staying on Waikiki as well. I was pretty bummed!
They were there in 2016 and then the beach/land hadn’t shrunk as much! It was right on beach at reef hotel. We had to squeeze even then to put a towel down. Haven’t been since mom’s stroke but am wondering how bad it will be. Won’t stop me from going though. It’s still home away from home after 50 years going.
Aloha Gentlemen!
I just noticed this at Poipu beach in front of of the Wahei
About 10-15 umbrellas and chairs preset with no visitors. This was at 10am. ( Tuesday) It’s not a very large beach.
It has to remain a shared space for all to be used respectfully not rightfully. Thank you for letting me share.
I
Hi Laurie.
Thanks for sharing that. DLNR will see this, so hopefully they can get back on their Kauai enforcement again.
Aloha.
This was my experience whenever I visited Kauaii. My friend let me stay at his Poipu condo, and using the beach was difficult and, on some days, impossible. They always made me feel like a criminal. I got to know the bartender, and after about a week into each stay, it was not as difficult, but it should not have been this way.
For once I’m with the local Government on this one. The beaches should be available to all. Not just the people staying at those resorts. Most of the resorts on Maui and Oahu are built on the most beautiful beaches there. They shouldn’t be able to put up chairs and umbrellas when there’s no one there. This prevents other people from enjoying the beach.
Good day~ Totaly agree. The beach is for everyone and I have stayed at the hotels mentioned. Use it or loose it!
Easy solution, however. The resorts can build a beach on thier side of the property line and stage it with chairs and whatever else. Pretty much fed up with commercial interest using public property as if they own it, and/or do not pay a market rate. Cheers
I strongly agree the hotels! Beach vendors must cease and desist immediately!
Violation of hawaii resident rights all the way!
Or be terminated and lose licenses to operate
I’m a local who once or twice a year splurges on a daylong chairset and umbrella rental in Waikiki with my husband, son, or a friend. I’m happy they are enforcing this now. The beach should not be taken up with empty chairset rentals. They can set up as the law requires, when a customer pays for the rental. The vendors should not be allowed to break the laws, and the hotels they contract with, where they are affiliated, should be fined as well, as they have a stake in this behavior.
“vendors argue that the rules are restrictive and negatively impact their operations”
Since when do they have any right to profit from public beach access?