Report Title:

Beach Erosion; Shoreline Setbacks; Seawalls and Groins

Description:

Requires that shoreline setbacks be established at a distance inland from the shoreline equal to 50 times the annual erosion rate for the area based on historic aerial photographs or the shoreline setback line established by the county, whichever is greater. Bans the construction of new seawalls and groins except where variances allowed for DOT. (HB1953 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1953

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to coastal zone management.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 205A-41, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Groin" means a barrier-type structure extending from the backshore or stream bank into a body of water for the purpose of protecting a shoreline and adjacent upland by influencing the movement of water or deposition of materials.

"Seawall" means a wall of stone, concrete, or other sturdy material built along the shoreline."

SECTION 2. Section 205A-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Setbacks along shorelines are established [of not less than twenty feet and not more than forty feet] at a distance inland from the shoreline[.] equal to fifty times the annual erosion rate for the area based on historic aerial photographs or the shoreline setback line established by the county, whichever is greater. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto. Shoreline setbacks for the purposes of the department of transportation and public utilities regulated under chapter 269 shall not be subject to this subsection."

SECTION 3. Section 205A-44, Hawaii Revised Statutes, is amended to read as follows:

"§205A-44 Prohibitions. (a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:

(1) The taking from the shoreline area of the materials, not in excess of one gallon per person per day, for reasonable, personal, noncommercial use, provided that stricter provisions may be established by the counties;

(2) Where the mining or taking is authorized by a variance pursuant to this part;

(3) The clearing of the materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless such placement would result in significant turbidity; or

(4) The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity.

(b) Effective July 1, 2004, the new construction of seawalls or groins is prohibited in the shoreline area and shall not qualify for any variance under section 205A-46; except for variances granted for the new construction of seawalls and groins by the department of transportation.

[(b)] (c) Except as provided in this section, structures are prohibited in the shoreline area without a variance pursuant to this part. Structures in the shoreline area shall not need a variance if:

(1) They were completed prior to June 22, 1970;

(2) They received either a building permit, board approval, or shoreline setback variance prior to June 16, 1989;

(3) They are outside the shoreline area when they receive either a building permit or board approval;

(4) They are necessary for or ancillary to continuation of existing agriculture or aquaculture in the shoreline area on June 16, 1989;

(5) They are minor structures permitted under rules adopted by the department which do not affect beach processes or artificially fix the shoreline and do not interfere with public access or public views to and along the shoreline; or

(6) Work being done consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, which are publicly owned, and which result in little or no interference with natural shoreline processes;

provided that permitted structures may be repaired, but shall not be enlarged within the shoreline area without a variance."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.