HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
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. Chapter 205A, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:
"§205A– State consistency review and certification. (a) Notwithstanding any other law to the contrary, a development by a state agency on state land within the special management area need not obtain a permit or shoreline setback variance as otherwise required by this chapter, provided that the development meets the following requirements:
(1) The state agency shall conduct a state consistency review;
(2) Prior to completion of the state consistency review, the state agency shall file a notice of the state consistency review, with a thirty-day comment period;
(3) Prior to publication of the notice of the state consistency review, the state agency shall provide a copy of its notice of the state consistency review to the lead agency;
(4) After state agency responses to relevant public comments received during the thirty-day period have been sent to the commenting persons or entities and consultation with the lead agency has concluded, the state agency shall file a notice of state consistency certification, which notice shall include instructions on how to retrieve electronic and printed copies of the state agency responses and all public comments received by the state agency; and
(5) Except as otherwise provided by law, printed copies of responses and public comments shall be provided upon request, provided that the state agency may require the payment of the reasonable cost of providing paper copies.
(b) After publication of the state consistency certification, a development by a state agency on state land shall be allowed within a special management area without obtaining a permit or shoreline setback variance as otherwise required by this chapter.
(c) The process of state consistency review and consistency certification may occur concurrently with an environmental review under chapter 343.
(d) Subsection (a) shall not apply to a development by a state agency that is subject to federal consistency review pursuant to title 15 Code of Federal Regulations part 930. Upon issuance of a federal consistency concurrence pursuant to title 15 Code of Federal Regulations part 930, a development by a state agency on state land shall be allowed without obtaining a permit or shoreline setback variance as otherwise required by this chapter.
(e) The lead agency may adopt, amend, or repeal rules to implement the purposes of this section."
SECTION 2. Section 205A-1, Hawaii Revised Statutes, is amended to read as follows:
"§205A-1 Definitions. As used in this chapter, unless the context otherwise requires:
means any agency, board, commission, department, or officer of a county
government or the state government, including the authority as defined in part
"Artificial light" or "artificial lighting" means the light emanating from any fixed human-made device.
"Coastal zone management area" means
all lands of the State and the area extending seaward from the shoreline to the
limit of the State's police power and management authority, including the
United States territorial sea[
"Coastal zone management program"
means the comprehensive statement in words, maps, or other permanent media of
communication, prepared, approved for submission, and amended by the State and
approved by the United States government pursuant to Public Law No. 92-583, as
amended, and the federal regulations adopted pursuant thereto, which describes
objectives, policies, laws, standards, and procedures to guide and regulate
public and private uses in the coastal zone management area, provided [
that the "coastal zone management program" is consistent with
the intent, purpose, and provisions of this chapter[ ;].
"Directly illuminate" means to illuminate through the use of a glowing element, lamp, globe, or reflector of an artificial light source.
"Land" means the earth, water, and
air above, below, or on the surface[
"Lead agency" means the office of
"Notice" unless otherwise indicated means publication in the periodic bulletin published by the office of environmental quality control, pursuant to section 343-3.
"Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State.
"Person" means an individual, corporation,
or partnership, and an organization or association, whether or not
"Public advisory body" means the
advisory body established in section 205A-3.5[
"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.
"State consistency certification" means a statement by a state agency that it has completed the state consistency review and the development by a state agency on state land is consistent with section 205A-26(1), (2)(A), (2)(B), and (3) and with the objectives and policies of section 205A-2.
"State consistency review" means the review of a development by a state agency on state land for consistency with section 205A-26(1), (2)(A), (2)(B), and (3) and with the objectives and policies of section 205A-2."
SECTION 3. Section 205A-28, Hawaii Revised Statutes, is amended to read as follows:
"§205A-28 Permit required for
No] Except as provided by section 205A- , no
development shall be allowed in any county within the special management area
without obtaining a permit in accordance with this part."
SECTION 4. Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) 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; [
(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; or
(7) As provided in section 205A- ;
provided that permitted structures may be repaired, but shall not be enlarged within the shoreline area without a variance."
SECTION 5. Section 206E-8.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding chapter 205A, except as provided for in section 205A- , all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district, for which a community development plan has been developed and approved in accordance with section 206E-5, shall be submitted to and reviewed by the lead agency as defined in chapter 205A. In community development districts for which a community development plan has not been developed and approved in accordance with section 206E-5, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan for the district takes effect."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Coastal Zone Management
Adds a new section to part II of chapter 205A, Hawaii Revised Statutes, to provide a process for state consistency review and certification for development by a state agency on state land within the special management area. After a notice of state consistency certification is published in the periodic bulletin by the Office of Environmental Quality Control, or upon issuance of federal consistency, a development by a state agency on state land shall be allowed within a special management area without obtaining a special management area permit or shoreline setback variance as otherwise required by chapter 205A.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.