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BACKGROUND

The State of Hawaii has announced enforcement of a 2002 law requiring a Right-of-Entry Permit (ROEP) for beach wedding ceremonies (a commercial activity) starting 8/1/2008. This announcement came out just two weeks prior to the proposed enforcement date. The purpose of these rules is to (1) "… protect our natural and cultural resources", (2) "… provide for public resident recreational access that does not damage those resources", and (3) "… allow commercial activity that does not damage the natural and cultural resources, or negatively impact the public’s recreational use." (DLNR FAQ) It appears that this action was prompted by complaints against large wedding companies on Maui & Kauai who were literally taking over sections of State beaches & not allowing public access. These generally involved a lot of set up, chairs & props.

DEFINITIONS

The Department of Land and Natural Resources (DLNR) defines "beach" as that area of the coastline "…makai or seaward of the high wash of the waves…". Commercial activity means "the use of or activity on state land for which compensation is received by any person for goods or services or both rendered to customers or participants in that use or activity. Commercial activities include activities whose base of operations are outside the boundaries of the unencumbered state lands." [HAR 13-221]

PERMITS

The cost of the permit from DLNR is based upon the actual space required. Currently, the rate is $.0.10 per square foot of area with a minimum of $20. The fee we charge for obtaining a permit using our ($1,000,000, at a cost in excess of $500) liability insurance policy for an Oahu event is $50. If you have more than 25 wedding participants and guests at a location administered by Honolulu City & County, a separate permit from them may be required from Division of Parks & Recreation.

The State tells us that its processing of the ROEP will take from 7-10 days so do not wait to reserve your wedding. This is a new program and delays can occur. We have heard it taking as long as 14 days for approval. Couples may apply for the permit directly to DLNR and will need proof of liability insurance indemnifying the State of Hawaii. If you to have your wedding within the time it takes to get the permit approved, we can to still do your wedding, but the responsibility for not having a permit will be yours.

Citations for violating the rules carry a maximum fine of $5,000 for first offense.

Our packages do not include permit fees because, we can't know the cost of the permit and insurance until we know the requirements of your wedding and the preferred location. We suspect that the majority of weddings will only require the minimum space for a State permit fee of $20. For larger weddings that require more space for guests, chairs, etc., expect a higher permit fee. (For example, a 40’ X 40’ space which should be enough to cover a chair set-up, etc. the permit fee will cost $160.) Speaking of chairs, it is rumored that DLNR will soon issue an announcement that it will ban the use of chairs, tables, arches and other assorted decorative elements. If flower petals are brought to the service, they must be picked up at the conclusion. We don’t do that.

DISCUSSION

Obviously, the industry is very concerned about the future of having wedding services on the beach. The additional layer of governmental bureaucracy and stress it puts on a couple wanting to be married on Hawaii’s beaches is contrary to the aloha spirit we embrace. We anticipate that there will not be strict enforcement in remote areas due to visibility, staffing & other factors. Enforcement is more likely to be complaint- driven at popular and congested areas near residential units (e.g. Waialae, Lanikai & Kailua) where some residents want to "have" the public beach to themselves & are unable to keep beach goers out.

OUR POLICY TO DEAL WITH THIS DEVELOPMENT

We are very respectful of the environment & public access and always choose a place that will not negatively impact either. We also will henceforth avoid high-traffic sites and opt for locations that are out of the way of beach users and onlookers. Since the ceremony portion of our service is often less than 10-12 minutes, impact is negligible.

• We will perform NO wedding ceremonies on the "beach", as defined above.
• We stay above the high water mark for the ceremony by standing on a spot overlooking beach & ocean.
• We will not interact with the public to shoo or move them away from the area we propose to use.
• We will leave the site as clean as we found it. Petals must be picked up.

THE BOTTOM LINE

In short, it is "business" us usual. Our couples who choose to be wed on a "beach" generally prefer to have some degree of privacy. Therefore, we seek out areas away from the public that still have great views for photos. If we use Waikiki Beach, we will restrict ourselves to the area between the Hilton pier & Waikiki Gazebo, which does not fall under the jurisdiction of DLNR. We don't take over sections of the beach & we don't set up chairs, props & arch.

GUIDELINES

• Get information about free beach or park locations using our Oahu Site Map & navigating to the area of interest. Preferred sites that are likely to be less populated are marked with a "◊".
• If a permit is required, we will discuss the matter with you prior to confirmation.
• If in doubt, please contact us. Mahalo for your understanding & cooperation.

View permit requirements from the State of Hawaii: http://hawaii.gov/dlnr/land/forms-1/forms/?searchterm=wedding

View permit application from the State of Hawaii: http://hawaii.gov/dlnr/land/forms-1/ROE-WeddingPermit-Fillable.pdf

Disclaimer: The information on this page is believed to be accurate at the time of publishing. We are not responsible for changes made by the state. Please check with the appropriate agency for the latest. (08/13/2008)

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Last modified: 09/07/2008