MAKENA – Along a shoreline of black volcanic rock and ivory coral, there’s a patch of bare dirt that isn’t supposed to be there.

In front of a luxury home at 7150 Makena Road, just south of Oneloa Beach, the exposed soil has been spread across the public shoreline land covering an area nearly the size of a baseball field.

The Department of Land and Natural Resources fears that a heavy rain could erode mud into the clear nearshore ocean waters, said Daniel Ornellas, land agent for the Maui District.

He also said that this incident illustrates how even the best-intentioned new landowners can run into trouble because of their unfamiliarity with Hawaii’s unique natural resources and the laws instituted to protect them.

The owner, Paul Huish of Pinedale, Wyo., had no right to have hired workers grub and grade out the patch of earth on the rocky point and treat it as his personal property, said neighbor Sonny Vick and Makena business owner Pat Borge.

When reached by phone Friday, Huish said he bought the home on the shoreline lot three months ago and was trying to do what he thought was the right thing. He said he had a “gentlemen’s agreement” with Ornellas for the work.

“I know people are probably thinking this is just some weasel trying to get away with something, but that’s not the case,” said Huish, who is CEO of a Salt Lake City detergent company that bears his name. “I just thought it would look prettier. . . . We just scraped the off the very top of the soil. I should have just left the weeds there.”

But Ornellas said he only agreed to let Huish remove some weeds. He added that he encourages the public to take an active role in caring for the land.

“There’s a huge gap between pulling weeds and bringing in a tractor and grading and grubbing and planting sod,” Ornellas said. “I gave him an inch and he took 20 miles.

“What people need to understand is that taking care of public land doesn’t mean turning nature into a resort community.”

Huish disagreed with Ornellas’ contentions. He said the Maui District office was fully aware of what he intended to do on the shoreline bordering his Makena house lot.

Ornellas noted that Huish’s actions could be interpreted as extending his backyard onto roughly 30,000 square feet of public land.

The land agent issued a cease-and-desist order almost two weeks ago. Ornellas also declared that Huish and his landscaper must immediately restore the area to its previous state, a process that was to begin this weekend

“He (Huish) thought he was doing something good for someone,” Ornellas said. “He seems to be very understanding, very cooperative and willing to do anything to make it right.”

However, Huish said he’s unsure what that previous state would be. It was just brittle weeds that could go up in flames at any time, he said.

Borge said he remembers that the area was once exposed blue rock and shoreline rocks.

The property south of the Makena State Park is along a largely rocky coastline, with patches of white sand or broken coral mixed in the brittle aa lava. Very little natural soil has developed in the area that was the last section of Maui with active lava flows, dating back 200 years.

Huish said that he did not bring in any of the soil that’s been spread on the public land.

“Not one pound,” he said. “It could have been put there a year ago or a hundred years ago for all I know.”

Ornellas said all he knows is that the soil that is there did not originate on the shoreline. The key is to get the problem remedied quickly, he said, before any runoff can occur, with the wet season approaching.

Whether or not Huish put the soil there doesn’t matter, Ornellas said. Huish disturbed the area and is now responsible for removing the dirt, he said.

Borge and Vick also complained about ambiguous “Private Property. No Trespassing” signs that rest above some bushes on the rear corner of the property. The sign’s placement can give an impression that the entire section of the shoreline is privately owned and lateral public access along the shoreline is not allowed, they said.

Huish said he had absolutely no intention of keeping the fishers or anyone else off the shoreline. He said he gets a kick out of talking to them.

In addition, Huish said, the “No Trespassing” sign was placed at the corner of the lot at the state’s request by a former homeowner. He said he’s unsure whether he can take it down.

Private landowners from outside Hawaii frequently fail to recognize Hawaii law that designates that all land along the coastlines of every island is considered publicly owned.

The Hawaii law is based on Hawaiian traditions of access

to the coastlines and the mountains, and was reaffirmed by Hawaii Supreme Court decisions establishing the shoreline boundary at the highest reach of waves at high tide or the vegetation line.

Along the Makena shoreline, there also are several sections above the high-water line that are state beach reserves.

Laura Thielen, the newly appointed chairwoman of the DLNR, said she is committed to protecting rights to lateral access along the coastlines as well as the native plant species that grow there.

“We got involved because this is happening all over the island,” Borge said. “I was born and raised on Maui and have seen the changes take place over the years. We only have so many natural resources left.”

Thielen said that landowners – many of whom are new to Hawaii – don’t understand the islands’ laws and cultural traditions.

“In general, it’s a never-ending process of educating the public,” said Thielen, who was born and raised on Oahu.