HOUSE OF REPRESENTATIVES

H.B. NO.

2496

TWENTY-FIFTH LEGISLATURE, 2010

 

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-26, Hawaii Revised Statutes, is amended to read as follows:

     "§205A-26  Special management area guidelines.  In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area:

     (1)  All development in the special management area shall be subject to reasonable terms and conditions set by the authority [in order] to ensure:

         (A)  Adequate public access, by dedication or other means, to and along the publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles;

         (B)  Adequate and properly located public recreation areas and wildlife preserves are reserved;

         (C)  Provisions are made for solid and liquid waste treatment, disposition, and management [which] that will minimize adverse effects upon special management area resources; and

         (D)  Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, wind damage, wave damage, storm surge, landslides, erosion, sea-level rise, siltation, or failure in the event of earthquake[.];

     (2)  No development shall be approved unless the authority has first found:

         (A)  That the development will not have any [substantial] significant adverse environmental or ecological effect, except as [such] the adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests.  [Such] Any adverse effects shall include[,] but not be limited to[,] the potential cumulative impact of individual developments, each one of which taken in itself might not have a [substantial] significant adverse effect, and the elimination of planning options;

         (B)  That the development is consistent with the objectives, policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; [and]

         (C)  That the development is consistent with the county general plan and zoning.  [Such a] A finding of consistency does not preclude concurrent processing where a general plan or zoning amendment may also be required[.];

         (D)  That the development has been adequately planned to minimize the risk from coastal hazards such as tsunamis, hurricanes, wind, storm waves, flooding, erosion, and sea-level rise; and

         (E)  That the development does not impede public access to the shoreline or beach area;

         and

     (3)  The authority shall seek to minimize, where reasonable:

         (A)  Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon;

         (B)  Any development [which] that would reduce the size of any beach or other area usable for public recreation;

         (C)  Any development [which] that would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management areas, and the mean high tide line where there is no beach;

         (D)  Any development [which] that would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast; and

         (E)  Any development [which] that would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land."

     SECTION 2.  Section 205A-46, Hawaii Revised Statutes, is amended to read as follows:

     "§205A-46  Variances.  (a)  A variance may be granted for a structure or activity otherwise prohibited in this part if the authority finds in writing, based on the record presented, that the proposed structure or activity is necessary for or ancillary to:

     (1)  Cultivation of crops;

     (2)  Aquaculture;

     (3)  Landscaping; provided that the authority finds that the proposed structure or activity will not adversely affect beach processes and will not artificially fix the shoreline;

     (4)  Drainage;

     (5)  Boating, maritime, or watersports recreational facilities;

     (6)  Facilities or improvements by public agencies or public utilities regulated under chapter 269;

     (7)  Private facilities or improvements that are clearly in the public interest;

     (8)  Private facilities or improvements [which will neither adversely affect beach processes nor artificially fix the shoreline]; provided that the authority also finds that hardship will result to the applicant if the facilities or improvements are not allowed within the shoreline area;

    [(9)  Private facilities or improvements that may artificially fix the shoreline; provided that the authority also finds that shoreline erosion is likely to cause hardship to the applicant if the facilities or improvements are not allowed within the shoreline area, and the authority imposes conditions to prohibit any structure seaward of the existing shoreline unless it is clearly in the public interest;] or

   [(10)] (9)  Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline[;] within adjacent areas; provided that the authority also finds that moving of sand [will not adversely affect beach processes,] will not diminish the size of a public beach[,] and will be necessary to stabilize an eroding shoreline.

     (b)  A variance may be granted for private facilities or improvements that may artificially fix the shoreline; provided that:

     (1)  The facilities or improvements are clearly in the public interest and the authority imposes conditions to prohibit any structure seaward of the existing shoreline unless it is clearly in the public interest; and

     (2)  Any structure or improvement does not limit or severely reduce public access or public shoreline use.

     [(b)] (c)  Hardship shall be defined in rules adopted by the authority under chapter 91.  Hardship shall not be determined as a result of county zoning changes, planned development permits, cluster permits, or subdivision approvals after June 16, 1989, or as a result of any other permit or approval listed in rules adopted by the authority.

     [(c)] (d)  No variance shall be granted unless appropriate conditions are imposed:

     (1)  To maintain safe lateral access to and along the shoreline or adequately compensate for its loss;

     (2)  To minimize risk of adverse impacts on beach processes;

     (3)  To minimize risk of structures failing and becoming loose rocks or rubble on public property; and

     (4)  To minimize adverse impacts on public views to, from, and along the shoreline."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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:

_____________________________

 

 


 


 

Report Title:

Shoreline; Public Access

 

Description:

Requires the consideration of risks from coastal hazards when reviewing a development in a special management area.  Preserves public access and public shoreline access from development.

 

 

 

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