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Noncommercial events, those at county beaches exempt

By HARRY EAGAR, Staff Writer
POSTED: June 24, 2008

MAKENA — Under rules the state Department of Land and Natural Resources says it will start enforcing Aug. 1, wedding coordinators and others in the industry must get right-of-entry permits for weddings on state beaches or any other state parks.

The permit allows use of the area for a designated time, usually between two and four hours on a specific day. The fee for a right of entry is 10 cents per square foot, with a $20 minimum. The usual amount applied for is 1,500 square feet, or $150.

Permittees also have to show liability insurance of $500,000 per occurrence, $1 million total. This would provide coverage for not only the wedding coordinator or planner’s business, but also “consultants,” including photographers, ministers, caterers, musicians or others. DLNR also has to be named as a covered insured.

There is no limit on how many rights of entry can be requested or where or when. Each permit can cover as many as 10 weddings on different days.

At a meeting with wedding coordinators Monday, DLNR Acting Land Administrator Morris Atta was asked whether a wedding being conducted without a permit would be shut down if DLNR enforcement officers caught it. That is the usual policy for violations with other businesses, such as surf schools, although Atta said he was not sure how enforcement officers would handle it.

Usually, officers issue a notice of violation, which can set off fines starting at $2,000.

All commercial activities on unencumbered (that is, not subject to a lease) state land under DLNR jurisdiction are supposed to obtain rights of entry, although Atta acknowledged Monday that the requirement often is not enforced.

Many beach weddings at county beach parks — or those at military-controlled beaches on other islands — would not need the permits, because the state’s jurisdiction ends at the high water mark.

But at state beach parks like Makena, the right of entry would be required.

Noncommercial events, like a family wedding performed by a minister for no fee, would not need a permit. But some private weddings may need the permit anyway if commercial consultants like photographers or paid ministers are used. Atta said a pilot program to study the industry could resolve what types of events would be subject to the rules for commercial operators.

For now, Maui beach wedding permits are being administered out of the DLNR’s Honolulu office, but state officials said they hope to set up a Web site for online permit registration.

• Harry Eagar can be reached at heagar@mauinews.com.
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