Report Title:

Shoreline Setback Lines

Description:

Establishes the shoreline setback line inland at a distance equal to 50 times the annual erosion rate or as established by the county, whichever is greater.

HOUSE OF REPRESENTATIVES

H.B. NO.

2185

TWENTY-FIRST LEGISLATURE, 2002

 

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. The legislature finds that since 1928 nearly twenty-five per cent of Oahu's beaches, over fifteen miles of beach, have disappeared. The loss of beaches has intensified in recent years, largely due to poorly placed shoreline structures. Similar beach loss has occurred on Maui, and to a lesser extent, on Kauai. Because the land seaward of the upper reaches of the wash of the waves, including the beaches, is a public trust resource, the State, as trustee, is obligated to restrain those activities that damage this resource.

The legislature further finds that the property of coastal property owners are at tremendous risk from tsunamis, storm surges, floods, high wave impacts, and hurricanes. Shoreline property owners also bear the risk of erosion.

The purpose of this Act is to mitigate the consequences to homeowners of a rising sea level by establishing shoreline setbacks at a distance inland from the shoreline equal to fifty times the annual erosion rate for the area based on historical aerial photographs or the shoreline setback established by the county, whichever is greater.

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."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on April 1, 2003.

INTRODUCED BY:

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