reglab/housing_qa huggingface dataset:
HI Rev Stat § 205A-44 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-44 Prohibitions.

 §205A-44 Prohibitions. (a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:  (1) The inadvertent taking from the shoreline area of the materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;  (2) Where the mining or taking is authorized by a variance pursuant to this part;  (3) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;  (4) The cleaning of the shoreline area for state or county maintenance purposes, including the clearing for purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;  (5) The taking of driftwood, shells, beach glass, glass floats, or seaweed;  (6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or  (7) For the response to a public emergency or a state or local disaster.  (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; or  (6) Work being done consists of maintenance, repair, 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; provided that permitted structures may be repaired, but shall not be enlarged, rebuilt, or replaced within the shoreline area without a variance. [L 1986, c 258, pt of §1; am L 1988, c 375, §1; am L 1989, c 356, §12; am L 2013, c 120, §2; am L 2020, c 16, §10] Revision Note  "June 16, 1989" substituted for "the effective date of this Act" and "the effective date of this section" pursuant to §23G-15. Cross References  Mining or taking of sand, etc., see §171-58.5. Case Notes  Cited: 132 H. 9, 319 P.3d 1017 (2014).
HI Rev Stat § 205A-45 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-45 Shoreline setback lines established by county.

 §205A-45 Shoreline setback lines established by county. (a) The several counties through rules adopted pursuant to chapter 91 or ordinance may require that shoreline setback lines be established at distances greater than that established in this part.  (b) The several counties through rules adopted pursuant to chapter 91 or ordinance may expand the shoreline area to include the area between mean sea level and the shoreline. [L 1986, c 258, pt of §1; am L 1989, c 356, §13]
HI Rev Stat § 205A-46 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-46 Variances.

 §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 that will not adversely affect beach processes, result in flanking shoreline erosion, or artificially fix the shoreline; provided that the authority may consider any hardship that 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 may consider hardship to the applicant if the facilities or improvements are not allowed within the shoreline area; provided further that a variance to artificially fix the shoreline shall not be granted in areas with sand beaches or where artificially fixing the shoreline may interfere with existing recreational and waterline activities unless the granting of the variance is clearly demonstrated to be in the interest of the general public; or  (10) Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline; 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) 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) 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, sharp or otherwise dangerous debris, or rubble on public property; and  (4) To minimize adverse impacts on public views to, from, and along the shoreline. [L 1986, c 258, pt of §1; am L 1989, c 356, §14; am L 1993, c 258, §6; am L 2020, c 16, §11] Revision Note  "June 16, 1989" substituted for "the effective date of this Act" pursuant to §23G-15.
HI Rev Stat § 205A-47 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-47 REPEALED.

 §205A-47 REPEALED. L 1989, c 356, §16.
HI Rev Stat § 205A-48 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-48 Conflict of other laws.

 §205A-48 Conflict of other laws. In case of a conflict between the requirements of any other state law or county ordinance regarding shoreline setback lines, the more restrictive requirements shall apply in furthering the purposes of this part. Nothing contained in this part shall be construed to diminish the jurisdiction of the state department of transportation over wharves, airports, docks, piers, or other commercial harbors, and any other maritime facilities constructed by the State; provided that such plans are submitted for the review and information of the officer of the respective agency charged with the administration of the county zoning laws, and found not to conflict with any county ordinances, zoning laws, and building codes. [L 1986, c 258, pt of §1; am L 1991, c 272, §6]
HI Rev Stat § 205A-49 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-49 Adoption of rules.

 §205A-49 Adoption of rules. Each agency charged with carrying out this part shall adopt rules necessary to implement or comply with this part by July 1, 1990. All rules shall be adopted under chapter 91. [L 1986, c 258, pt of §1; am L 1989, c 356, §15]
HI Rev Stat § 205A-61 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-61 Definitions.

  §205A-61 Definitions. As used in this part:  "Exclusive economic zone" or "EEZ" means that area set forth in the Presidential Proclamation 5030 issued on March 10, 1983, whereby the United States proclaimed jurisdiction from the seaward boundary of the State out to two hundred nautical miles from the baseline from which the breadth of the territorial sea is measured.  "Marine" means ocean and ocean-related resources.  "Plan" means the Hawaii ocean resources management plan, created and approved by the Hawaii ocean and marine resources council, as amended by the lead agency. [L 1995, c 104, pt of §2]
HI Rev Stat § 205A-62 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-62 Duties and responsibilities of the lead agency.

  §205A-62 Duties and responsibilities of the lead agency. The lead agency shall have the following duties and responsibilities:  (1) Coordinate overall implementation of the plan, giving special consideration to the plan's priority recommendations;  (2) Review and periodically update the plan;  (3) Coordinate the development of state agency work plans to implement the ocean resources management plan. The work plans shall be revised on a biennial basis and coordinated with the budget process. State agencies with responsibilities relating to marine and coastal zone management include but are not limited to:  (A) The department of agriculture;  (B) The department of business, economic development, and tourism;  (C) The department of defense;  (D) The department of education;  (E) The department of health;  (F) The department of land and natural resources;  (G) The department of public safety;  (H) The department of transportation; and  (I) The University of Hawaii;  (4) Ensure that state agency work plans are closely coordinated with the work plans of relevant federal and county agencies;  (5) Analyze, resolve conflicts between, and prioritize, in cooperation with relevant agencies and as part of the work plan development process, the sector-specific recommendations included in the plan;  (6) Coordinate exclusive economic zone and other marine-related issues with state and county agencies;  (7) Provide technical assistance to the agencies on policy and issue-related matters regarding marine and coastal resources management;  (8) Coordinate marine and coastal education activities; and  (9) Adopt rules pursuant to chapter 91 to carry out the purposes of this part. [L 1995, c 104, pt of §2; am L 2013, c 158, §2; am L 2020, c 16, §12]
HI Rev Stat § 205A-63 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-63 Agency duties to coordinate related programs.

  §205A-63 Agency duties to coordinate related programs. All agencies managing marine and coastal resources shall:  (1) Actively work toward the goals, objectives, and policies established by this chapter; and  (2) Coordinate the development of the state or county agency's programs with the plan. [L 1995, c 104, pt of §2] Revision Note  In the lead language, comma after "resources" deleted pursuant to §23G-15.
HI Rev Stat § 205A-64 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-64 Public participation.

  §205A-64 Public participation. The lead agency and the public advisory body shall involve citizens and interested groups and organizations in the updating and implementation of the plan. [L 1995, c 104, pt of §2; am L 2002, c 16, §7] Cross References  Public advisory body, see §205A-3.5.
HI Rev Stat § 205A-71 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-71 Artificial light on shoreline and ocean waters.

 §205A-71 Artificial light on shoreline and ocean waters. (a) Artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes is prohibited 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:  (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(2)] Cross References  Night sky protection strategy, see §201-8.5.
HI Rev Stat § 206-1 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-1 Definitions.

 §206-1 Definitions. Unless a different meaning clearly appears from the context, as used in this chapter:  "Board" means the board of land and natural resources as provided in chapter 26.  "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations.  "Development area" means an area so designated pursuant to section 206-5.  "Development project" means a specific unit for development within a designated area for which a program of acquisition and development is established.  "Federal government" shall have the same meaning as set forth in section 201H-1.  "Government" shall have the meaning set forth in section 201H-1.  "Governor" means the governor of the State of Hawaii.  "Lands" means either undeveloped lands or land together with improvements and appurtenances and includes real property as defined in section 201H-1. All lands owned by the State, any political subdivision, or the federal government are "government lands". All other lands are "private lands".  "Lieutenant governor" means the lieutenant governor of the State of Hawaii.  "Obligee" means any bondholder, agents or trustees for any bondholders, or lessor demising to the board property used in conjunction with a development project, or any assignee of the lessor's interest or any part thereof, and the federal government when it is a party to any contract with the board.  "Political subdivision" means a county.  "Residence lot" means a lot not exceeding one-half acre in size, obtained by subdivision of lands acquired pursuant to this chapter and used for one or two family residential use only, except as may otherwise be provided herein.  "Residential use" or "residential purpose" means the devotion of a residence lot to use for one or two family dwelling purposes only.  "State" means the State of Hawaii. [L 1961, c 6, §2; Supp, §98J-2; HRS §206-1; am L 1997, c 350, §9; am L 1998, c 11, §15; am L 2007, c 249, §16; am L 2017, c 12, §17]
HI Rev Stat § 206-2 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-2 Administration of chapter.

 §206-2 Administration of chapter. The board of land and natural resources is charged with the administration of this chapter. [L 1961, c 6, §3; Supp, §98J-3; HRS §206-2]
HI Rev Stat § 206-3 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-3 Interested members, officers or employees.

 §206-3 Interested members, officers or employees. No member of the board of land and natural resources or officer or employee administering this chapter shall acquire any interest, direct or indirect, in any development project or in any property included or planned to be included in any development project other than by gift, devise, or inheritance; nor shall the member, officer, or employee have or acquire any interest, direct or indirect, in the financing of any development project or in any contract or proposed contract for materials or services to be furnished or used in connection with or relating to any development project. If any member, officer, or employee has or acquires an interest, by gift, devise, or inheritance, direct or indirect, in any development project or in any property included or planned to be included in any development project, the member, officer, or employee shall immediately disclose the same in writing to the board and the disclosure shall be entered upon the minutes of the board; and the member, officer, or employee shall dispose of the interest within six months of the acquisition or initiation of the project, whichever shall last occur. The member, officer, or employee shall not participate in any action by the board relating to the property, project, or contract in which the member, officer, or employee has or acquires any interest. Violation of this section shall constitute, in case of the member or officer, misconduct in office or, in case of an employee, cause for dismissal. [L 1961, c 6, §4; Supp, §98J-4; HRS §206-3; gen ch 1985]
HI Rev Stat § 206-4 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-4 General powers.

 §206-4 General powers. The board of land and natural resources shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limitation, the following powers in addition to others herein granted:   (1) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the board;   (2) To make, amend, or repeal any rule or regulation, having the force and effect of law, in accordance with chapter 91;   (3) To prepare, carry out, and operate development projects in any development area; and to provide for the construction, reconstruction, improvement, alteration, or repair of any development project or any part thereof;   (4) To provide for the regulation of development projects financed by private funds and instituted under the terms of this chapter;   (5) To sell, to lease, or to lease with option to purchase lands; and   (6) In addition to all of the other powers conferred upon it, to do all things necessary and convenient to carry out the powers expressly given by this chapter. [L 1961, c 6, §5; am L 1965, c 96, §81; Supp, §98J-5; HRS §206-4]
HI Rev Stat § 206-5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-5 Declaration of development areas.

  §206-5 Declaration of development areas. (a) Whenever the board of land and natural resources, after due notice and public hearing, finds that an acute shortage of residential fee simple property exists in any locality on the island of Oahu and that the shortage of residential fee simple holdings cannot practicably be alleviated within the reasonably near future by means other than those provided under this chapter, the board may declare a suitable area, not less than ten contiguous acres in extent, as a development area. The development area shall be reasonably accessible to persons in the locality and shall consist of lands suitable for a development project. The time and place of the public hearing shall be given by public notice in the city and county of Honolulu on at least three different days, the last notice being not less than five days before the date of the hearing. Any finding of fact by the board, if supported by a preponderance of evidence, shall be conclusive in any suit, action, or proceeding.  (b) All development areas shall be compatible with any general plan for the long-range development of land in the political subdivision concerned under the terms of chapter 225M and shall conform to and with all subdivision and zoning ordinances and requirements of the political subdivision. [L 1961, c 6, §6; am L 1965, c 157, §1; Supp, §98J-6; HRS §206-5; am L 1998, c 2, §63; am L 2018, c 18, §7] Note  Chapter 201, part II referred to in text is repealed. For similar provisions, see chapter 225M.
HI Rev Stat § 206-6 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-6 Acquisition of land within a development area.

 §206-6 Acquisition of land within a development area. (a) After the declaration of a development area, the board of land and natural resources may acquire a parcel or parcels of land, which it shall thereafter designate for the appropriate development project or projects within the area. If necessary lands cannot reasonably be acquired by voluntary transaction, the board may institute eminent domain proceedings to acquire the land and improvements; provided that negotiations for the acquisition by voluntary transaction shall not be required before the institution of eminent domain proceedings. The board, within twelve months following its designation, shall acquire or institute eminent domain proceedings to acquire the lands so designated. If the lands are not acquired or eminent domain proceedings are not instituted within the twelve month period, the board shall reimburse the owner of the lands so designated for out-of-pocket expenses of appraisal, survey, and attorney's fees that the owner may have incurred as a result of the designation.  (b) Subject to the restrictions in section 206-7, the board may acquire for development projects any lands suitable for residential use or suitable for such use or uses upon subdivision and development. The board may also acquire, in connection with the development projects, lands necessary for roads, sidewalks, parks, schools, utilities, and playground and recreational facilities; rights to water and access; and lands for business use where the use is reasonably necessary to provide services to the prospective occupants of the projects. Plans and specifications for projects shall include provisions for roads, sidewalks, parks, schools, utilities, playground and recreational facilities, and other appropriate improvements, so that they will be suitable for disposition as hereinafter provided. [L 1961, c 6, §7; Supp, §98J-7; HRS §206-6; am L 2017, c 12, §18]