Report Title:

Shoreline Certification

Description:

Changes the definition of "shoreline" in the ocean recreation and coastal areas law and the coastal zone management law.

THE SENATE

S.B. NO.

1147

TWENTY-THIRD LEGISLATURE, 2005

 

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 statutory definition of "shoreline" identifies the boundary for shoreline certifications. The primary purpose of shoreline certifications is to administer the shoreline setback law and other related laws. The shoreline setback provides a buffer zone that protects both beach resources and private landowners from the effects of shoreline instability and coastal hazards.

The legislature finds that many shorelines have been incorrectly certified and are currently too close to the ocean. This has resulted in the loss of coastal public trust lands and damage to private property when owners are allowed to build too close to the ocean.

The legislature finds that the position of the shoreline in Hawaii is defined by multiple criteria, requiring interpretation and judgment. Manipulated landscaping with salt-tolerant plants can confuse the identification of a naturally vegetated shoreline that previously may have evidenced the upper reaches of the wash of the waves. Vegetated berms, often landscaped on coastal properties, can lead to heavy abuses of the shoreline certification process.

The legislature further finds that a debris line for a low or small surf season or high tide event can also be an inaccurate indicator of a shoreline for the purposes of a shoreline certification.

The purpose of this Act is to increase the accuracy of determining shorelines for shoreline certification and setback purposes by clarifying the statutory definition of "shoreline" to protect natural and cultural resources that rightfully belong within the public trust.

SECTION 2. Section 200-1, Hawaii Revised Statutes, is amended by amending the definition of "shoreline" to read as follows:

""Shoreline" means the upper reaches of the [wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves.] annually recurring seasonal high surf."

SECTION 3. Section 205A-1, Hawaii Revised Statutes, is amended by amending the definition of "shoreline" to read as follows:

""Shoreline" means the upper reaches of the [wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.] annually recurring seasonal high surf."

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.

INTRODUCED BY:

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