With the passage of SB474 on July 6, 2021, Hawai’i became the first state to codify sea level rise real estate disclosure in legislation. SB474 requires sellers of residential property to disclose whether the property lies within the sea level rise exposure area and thus if the property is at risk from sea level rise and/or coastal erosion. By signing a sea level rise disclosure statement, buyers acknowledge the assumption of these risks.
Coastlines and sandy beaches across Hawaiʻi face imminent and increasing threat from coastal hazards such as climate change, rising sea levels and coastal erosion. These coastal hazards threaten the public trust beach areas and billions of dollars of public and private property. In 2017, the Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report (SLR report) estimated that 6,500 structures will be chronically flooded, 28 miles of coastline will become impassable, and 20,000 residents will be displaced with a 3.2 meter rise in sea level.
Additionally, according to a recent study, we are at imminent risk of losing 40% of Hawaiʻi’s sandy beaches and proactive management is necessary to preserve and protect these public trust lands.
Compounding these sobering statistics is a severe lack of information to property buyers about living and owning property in the coastal zone. In many cases, coastal property owners seek to protect their homes from large waves and coastal erosion through a variety of shoreline hardening methods including sea walls and sand bags. These structures prevent the natural flow of sand, exacerbating beach loss. Mandating sea level rise disclosure statements at the point of sale for real estate transactions is both an important and pragmatic action to take.
Mahalo to Senators KEITH-AGARAN, ENGLISH, GABBARD, KANUHA, LEE, SHIMABUKURO for introducing and supporting SB474.