State rejects temporary barrier for North Shore homeowner

The state agency tasked with protecting Hawaii’s public beaches and coastal ecosystems says it can’t support a request from a Sunset Beach homeowner who dumped concrete onto the public beach to now install a temporary barrier, such as a so-called burrito, to protect his homes.

Josh VanEmmerik sparked public outrage when he poured concrete onto the beach in September in an attempt to protect his property from heavy surf. The Department of Land and Natural Resources subsequently sent him a notice of alleged violation for the concrete, as well as rebar and other unauthorized materials, fronting his properties at 59-147 and 59-147 A Ke Nui Road.

DLNR warned Van­Emmerik that if he didn’t remove the concrete and other unauthorized materials within 30 days of receiving the Sept. 30 notice, he could face fines of $15,000 a day per violation.

VanEmmerik is also facing potential prosecution and fines by the City and County of Honolulu’s Department of Planning and Permitting for the concrete, Hawaii News Now reported earlier this month. VanEmmerik was granted a 60-day extension after telling DLNR he would remove the concrete by mid- December, but he also asked DLNR to give him permission to install another temporary barrier, such as a burrito system, for a year. The systems comprise long, hard sand-filled tubes attached to heavy black tarps.

Coastal geologists have long warned that shoreline hardening, whether it be in the form of seawalls, boulders or burritos, leads to beach loss. Oahu has lost about one-quarter of its beaches to shoreline hardening, and coastal officials say they are trying to save the shoreline stretching from Rocky Point to Sunset Beach from suffering the same fate.

DLNR’s Office of Conservation and Coastal Resources on Thursday said that Van­Emmerik’s request for a temporary barrier was not consistent with state laws, including Act 16, which strengthens existing laws against shoreline armoring, and administrative rules that bar the issuance of emergency permits for properties being investigated for violations.

DLNR had granted the prior owner of one of the homes permission to install an emergency burrito system in 2018, but it expired after three years. The property owner was served a violation notice in October 2021.

An attorney for Van­Emmerik declined to comment on the case.