(See, Harry Eagar, Not without a permit.)
Commercial wedding coordinators who want to arrange ceremonies on state beaches will be required to obtain right-of-entry permits from the Department of Land and Natural Resources starting Aug. 1.
This is not surprising news since lands makai of the certified shoreline are within state jurisdiction and held in public trust by the state. The public trust doctrine allows the public to use this area for recreational and gathering/fishing. These rights are protected under the state constitution as interpreted by Hawaii’s Supreme Court.
However, when it comes to commercial uses, as in the cases reported by the Maui News, the use of lands between the certified shoreline and state marine waters require permission (e.g., right of entry agreement) from the state. Other permissions may be required for certain uses within the shoreline area including county special management area permits, shoreline setback permits, and/or state conservation district use application approval.
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