reglab/housing_qa huggingface dataset:
HI Rev Stat § 205A-6 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-6 Cause of action.

 §205A-6 Cause of action. (a) Subject to chapters 661 and 662, any person or agency may commence a civil action alleging that any agency:  (1) Is not in compliance with one or more of the objectives, policies, and guidelines provided or authorized by this chapter within the special management area and the waters from the shoreline to the seaward limit of the State's jurisdiction;  (2) Has failed to perform any act or duty required to be performed under this chapter; or  (3) In exercising any duty required to be performed under this chapter, has not complied with the provisions of this chapter.  (b) In any action brought under this section, the lead agency, if not a party, may intervene as a matter of right.  (c) A court, in any action brought under this section, shall have jurisdiction to provide any relief as may be appropriate, including a temporary restraining order or preliminary injunction.  (d) Any action brought under this section shall be commenced within sixty days of the act which is the basis of the action.  (e) Nothing in this section shall restrict any right that any person may have to assert any other claim or bring any other action. [L 1977, c 188, pt of §3; am L 1979, c 200, §5] Revision Note  In subsection (a)(1), "or" deleted after ending punctuation pursuant to §23G-15. Law Journals and Reviews  Ala Loop and the Private Right of Action Under Hawai`i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010). Case Notes  Judicial intervention under this section should not precede resolution of issues by administrative agency. 69 H. 81, 734 P.2d 161 (1987).  Section allowed plaintiff to bring generic declaratory action under §632-1 without the need to proceed under this section. 75 H. 237, 858 P.2d 726 (1993).  Where the appellant failed to file an appeal with the Maui planning commission regarding the county director of planning's issuance of a special management area minor permit, the doctrine of primary jurisdiction warranted dismissal of the case; the circuit court did not abuse its discretion in choosing to refrain from exercising jurisdiction. 132 H. 472 (App.), 323 P.3d 116 (2012).  Where the defendants contended that the case was moot because it pertained to the issuance of a special management area minor permit for an event that occurred prior to appeal, the appeal retained vitality because the questions presented were of public concern and, in the likely event that they recurred in the future, were of a nature that would likely become moot before they could be determined on appeal. 132 H. 472 (App.), 323 P.3d 116 (2012).
HI Rev Stat § 205A-21 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-21 Findings and purposes.

Note Part heading amended by L 1979, c 200, §6.  §205A-21 Findings and purposes. The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. [L 1975, c 176, pt of §1; am L 1977, c 188, §5] Law Journals and Reviews  The Protection of Individual Rights Under Hawai`i's Constitution. 14 UH L. Rev. 311 (1992).  Ala Loop and the Private Right of Action Under Hawai`i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
HI Rev Stat § 205A-23 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-23 County special management area boundaries.

 §205A-23 County special management area boundaries. (a) The special management area in each county shall be as shown on such maps filed with the authority as of June 8, 1977.   (b) On or before December 31, 1979, the authority shall review and pursuant to chapter 91, amend as necessary its special management area boundaries, to further the objectives and policies of this chapter, provided that any contraction of the special management area boundaries as provided for in subsection (a), shall be subject to lead agency review and determination as to compliance with the objectives and policies of this chapter and any guidelines enacted by the legislature. Copies of the existing and amended maps shall be filed with the authority and the lead agency.   (c) Nothing in this chapter shall preclude the authority from amending its special management area boundary at any point in time; provided that the procedures and requirements outlined in subsection (b) shall be complied with and provided further that any future special management area boundary adjustments shall be restricted to the coastal zone management area. [L 1975, c 176, pt of §1; am L 1977, c 188, §7; am L 1979, c 200, §8] Attorney General Opinions  Counties must reasonably determine whether lands, located in excess of one hundred yards from water to be protected, are lands the uses of which will have significant impact on the water. Att. Gen. Op. 75-18.
HI Rev Stat § 205A-27 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-27 Designation of special management area authority.

 §205A-27 Designation of special management area authority. The authority is designated the special management area authority and is authorized to carry out the objectives, policies and procedures of this part. [L 1975, c 176, pt of §1; am L 1979, c 200, §10] Case Notes  As the Kauai planning commission was statutorily mandated to give effect to the policies and objectives of the coastal zone management act, the planning commission had authority to reconsider and the implied authority to modify a validly issued special management area use permit. 104 H. 173, 86 P.3d 982 (2004).
HI Rev Stat § 205A-28 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-28 Permit required for development.

 §205A-28 Permit required for development. No development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part. [L 1975, c 176, pt of §1; am L 1979, c 200, §11] Law Journals and Reviews  Timesharing in the 1990s. I HBJ, no. 13, at 89 (1997). Case Notes  Where developer's proposed subdivision fell within the definition of "development" found in §205A-22, trial court correctly determined that a special management area use permit was required. 109 H. 384, 126 P.3d 1071 (2006).  Where the city council did not delegate the power to determine the effects on archeological resources and the means to protect the resources to a private petitioner, and conditioned the issuance of any development permit for the rail project on its receipt of documentation that a programmatic agreement to minimize and mitigate adverse effects on historic properties as generally described in the final environmental impact statement had been executed, the city and State gave full consideration to cultural and historic values as required under this chapter. 128 H. 53, 283 P.3d 60 (2012).
HI Rev Stat § 205A-29 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-29 Special management area use permit procedure.

 §205A-29 Special management area use permit procedure. (a) The authority in each county, upon consultation with the central coordinating agency, shall adopt rules under chapter 91 setting the special management area use permit application procedures, conditions under which hearings must be held, and the time periods within which the hearing and action for special management area use permits shall occur. The authority shall provide for adequate notice to individuals whose property rights may be adversely affected and to persons who have requested in writing to be notified of special management area use permit hearings or applications. The authority shall also provide public notice that is, at a minimum, circulated throughout the county at least twenty days in advance of the hearing. The authority may require a reasonable filing fee which shall be used for the purposes set forth herein.  Any rule adopted by the authority shall be consistent with the objectives, policies, and special management area guidelines provided in this chapter. Action on the special management permit shall be final unless otherwise mandated by court order.  (b) No agency authorized to issue permits pertaining to any development within the special management area shall authorize any development unless approval is first received in accordance with the procedures adopted pursuant to this part. For the purposes of this subsection, county general plan, state land use district boundary amendments, and zoning changes are not permits. [L 1975, c 176, pt of §1; am L 1977, c 188, §11; am L 1979, c 200, §12; am L 1989, c 356, §8; am L 1998, c 2, §62; am L 2020, c 16, §6] Law Journals and Reviews  Sandy Beach Defense Fund v. City and County of Honolulu: The Sufficiency of Legislative Hearings in an Administrative Setting. 12 UH L. Rev. 499 (1990). Case Notes  Section does not require that notice of a meeting rescheduled for later date to be provided within time limit on original notice. 64 H. 431, 643 P.2d 55 (1982).  City council not subject to chapter 91 contested case procedures when acting upon shoreline management act use permits. 70 H. 361, 773 P.2d 250 (1989).  As the Kauai planning commission was statutorily mandated to give effect to the policies and objectives of the coastal zone management act, the planning commission had authority to reconsider and the implied authority to modify a validly issued special management area use permit. 104 H. 173, 86 P.3d 982 (2004).
HI Rev Stat § 205A-30 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-30 Emergency and minor permits.

 §205A-30 Emergency and minor permits. Each county authority shall provide specific procedures consistent with this part for the issuance of special management area emergency permits or special management area minor permits, pursuant to the procedural requirements within this part, and judicial review from the grant and denial thereof. The lead agency shall file notice of special management area minor permits in the next available issue of the periodic bulletin of the office of planning and sustainable development. [L 1975, c 176, pt of §1; am L 1979, c 200, §13; am L 2001, c 169, §7; am L 2021, c 152, §16 and c 153, §9] Case Notes  Where the appellant failed to file an appeal with the Maui planning commission regarding the county director of planning's issuance of a special management area minor permit, the doctrine of primary jurisdiction warranted dismissal of the case; the circuit court did not abuse its discretion in choosing to refrain from exercising jurisdiction. 132 H. 472 (App.), 323 P.3d 116 (2012).  Where the defendants contended that the case was moot because it pertained to the issuance of a special management area minor permit for an event that occurred prior to appeal, the appeal retained vitality because the questions presented were of public concern and, in the likely event that they recurred in the future, were of a nature that would likely become moot before they could be determined on appeal. 132 H. 472 (App.), 323 P.3d 116 (2012).
HI Rev Stat § 205A-30.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-30.5 Prohibitions.

 §205A-30.5 Prohibitions. (a) No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes when the light:  (1) Directly illuminates the shoreline and ocean waters; or  (2) Is directed to travel across property boundaries toward the shoreline and ocean waters.  (b) Subsection (a) shall not apply to special management area use permits for structures with:  (1) An outdoor lighting fixture that is located on the grounds of a hotel, hotel-condominium, or condominium-hotel as defined in section 486K-1; provided that:  (A) The outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or  (B) The outdoor lighting fixture is the only practicable means of ensuring the safety and security of guests, visitors, and employees; and  (2) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.  (c) The authority shall adopt rules under chapter 91 setting forth procedures for implementing this section. [L 2005, c 224, pt of §2; am L 2010, c 4, §2(1)] Cross References  Night sky protection strategy, see §201-8.5.
HI Rev Stat § 205A-31 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-31 REPEALED.

 §205A-31 REPEALED. L 1979, c 200, §14.
HI Rev Stat § 205A-32 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-32 Penalties

  §205A-32 Penalties. (a) Any person who violates any provision of part II or part III shall be liable as follows:   (1) For a civil fine not to exceed $100,000; or  (2) For the cost of returning the affected environment or ecology within the coastal management area to the condition existing before the violation.  (b) In addition to any other penalties, any person who is violating any provision of part II or part III shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists.  (c) Any civil fine or other penalty provided under this section may be imposed by the circuit court or may be imposed by the department after an opportunity for a hearing under chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine or other injunctive relief ordered by the circuit court. [L 1975, c 176, pt of §1; am L 1989, c 356, §9; am L 2001, c 169, §8]
HI Rev Stat § 205A-33 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-33 Injunctions.

 §205A-33 Injunctions. Any person or agency violating any provision of this chapter may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the authority or the lead agency. [L 1979, c 200, §15; am L 1983, c 76, §1] Case Notes  The coastal zone management act expressly grants injunctive power to the circuit court pursuant to the plain language of this section; the Kauai planning commission improperly attempted to mandate injunctive relief by ordering property owner to conduct a sand replenishment program; commission properly provided property owner a reasonable opportunity to rectify the problem caused by owner's noncompliance with use permit by ordering owner to alter and repair seawall. 104 H. 173, 86 P.3d 982 (2004).
HI Rev Stat § 205A-41 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-41 Definitions.

  §205A-41 Definitions. As used in this part, unless the context otherwise requires:  "Board approval" means approval by the board of land and natural resources pursuant to chapter 183C.  "Department" means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the county councils.  "Shoreline area" shall include all of the land area between the shoreline and the shoreline setback line and may include the area between mean sea level and the shoreline; provided that if the highest annual wash of the waves is fixed or significantly affected by a structure that has not received all permits and approvals required by law or if any part of any structure in violation of this part extends seaward of the shoreline, then the term "shoreline area" shall include the entire structure.  "Shoreline setback line" means that line established in this part or by the county running inland from the shoreline at a horizontal plane.  "Structure" includes, but is not limited to, any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment. [L 1986, c 258, pt of §1; am L 1989, c 356, § §2, 10; am L 1993, c 258, §5; am L 1995, c 11, §12 and c 69, §12; am L 2020, c 16, §7]
HI Rev Stat § 205A-42 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-42 Determination of the shoreline.

 §205A-42 Determination of the shoreline. (a) The board of land and natural resources shall adopt rules pursuant to chapter 91 prescribing procedures for determining a shoreline and appeals of shoreline determinations that are consistent with subsection (b); provided that no determination of a shoreline shall be valid for a period longer than twelve months, except where the shoreline is fixed by artificial structures that have been approved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and the structure.  (b) The chairperson of the board of land and natural resources shall cause a public notice to be published in the periodic bulletin published by the office of planning and sustainable development. All comments to the application for shoreline certification shall be submitted in writing to the state land surveyor no later than fifteen calendar days from the date of the public notice of the application. Notice of application for certification shall be identified by tax map key number, and where applicable, street address and nearest town. [L 1986, c 258, pt of §1; gen ch 1993; am L 1995, c 102, §1;am L 2021, c 152, §16 and c 153, §9] Law Journals and Reviews  Coastline Non-Conformism. 42 UH L. Rev. 149 (2020). Case Notes  The board of land and natural resources must consider historical evidence in making its shoreline determination. 132 H. 9, 319 P.3d 1017 (2014).  The board of land and natural resources' ultimate shoreline determination was invalid because the agency made errors of law in its amended decision, including, among other things, positing a multi-variable approach to shoreline certifications and disregarding a person's testimony. 132 H. 9, 319 P.3d 1017 (2014).  The contention that "the ultimate determination of the upper reaches of the wash of the waves at high tide ... is [solely] one for experts and those qualified under the law" is wrong as a matter of law. 132 H. 9, 319 P.3d 1017 (2014).  The issuance of an amended decision by the board of land and natural resources rendered moot any appeal from the original administrative agency decision because the original administrative agency decision was no longer effective. 132 H. 9, 319 P.3d 1017 (2014).
HI Rev Stat § 205A-43 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-43 Establishment of shoreline setbacks and duties and powers of the department.

 §205A-43 Establishment of shoreline setbacks and duties and powers of the department. (a) Setbacks along shorelines are established of not less than forty feet inland from the shoreline. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto.  (b) The powers and duties of the department shall include, but not be limited to:  (1) The department shall adopt rules under chapter 91 prescribing procedures for determining the shoreline setback line; and  (2) The department shall review the plans of all applicants who propose any structure, activity, or facility that would be prohibited without a variance pursuant to this part. The department may require that the plans be supplemented by accurately mapped data and photographs showing natural conditions and topography relating to all existing and proposed structures and activities. [L 1986, c 258, pt of §1; am L 1989, c 356, §11; am L 2020, c 16, §8] Case Notes  Cited: 132 H. 9, 319 P.3d 1017 (2014).
HI Rev Stat § 205A-43.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-43.5 Powers and duties of the authority.

  §205A-43.5 Powers and duties of the authority. (a) Prior to action on a variance application, the authority shall hold a public hearing under chapter 91. By adoption of rules under chapter 91, the authority may delegate responsibility to the department. Public and private notice, including reasonable notice to abutting property owners and persons who have requested this notice, shall be provided, but a public hearing may be waived prior to action on a variance application for:  (1) Stabilization of shoreline erosion by the moving of sand entirely on public lands;  (2) Protection of a legal structure or public facility, including any facility owned by a public utility that is regulated pursuant to chapter 269, that does not fix the shoreline, under an emergency authorization issued by the authority; provided that the structure or public facility is at risk of immediate damage from shoreline erosion and the authorization does not exceed three years;  (3) Other structures or activities; provided that no person or agency has requested a public hearing within twenty-five calendar days after public notice of the application; or  (4) Maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, that result in little or no interference with natural shoreline processes.  (b) The authority shall either act on variance applications or, by adoption of rules under chapter 91, delegate the responsibility to the department. [L 1989, c 356, pt of §1; am L 2020, c 16, §9]
HI Rev Stat § 205A-43.6 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-43.6 Enforcement of shoreline setbacks.

 §205A-43.6 Enforcement of shoreline setbacks. (a) The department or an agency designated by department rules shall enforce this part and rules adopted pursuant to this part. Any structure or activity prohibited by section 205A-44, that has not received a variance pursuant to this part or complied with conditions on a variance, shall be removed or corrected. No other state or county permit or approval shall be construed as a variance pursuant to this part.  (b) Where the shoreline is affected by an artificial structure that has not been authorized with government agency permits required by law, if any part of the structure is on private property, then for purposes of enforcement of this part, the structure shall be construed to be entirely within the shoreline area.  (c) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under chapter 183C shall not be diminished by an artificial structure in violation of this part. [L 1989, c 356, pt of §1; gen ch 1993; am L 1995, c 11, §13 and c 69, §13] Case Notes  Because the agency or department is given exclusive power to enforce setbacks, plaintiffs, a company that owned a lot in a luxury subdivision and the managers of the company, were not the appropriate party to bring an action against defendants for an alleged violation of a setback. 338 F. Supp. 2d 1106 (2004).