reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205A. Coastal Zone Management › 205A-3.5 Public advisory body; establishment; composition

§205A-3.5 Public advisory body; establishment; composition
. (a) There is established within the lead agency a public advisory body that shall provide support to the lead agency as set forth in subsection (f).
(b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the director of the lead agency for staggered terms of not more than three years. These members shall be selected with consideration given to the following criteria:
(1) Statewide geographic distribution; and
(2) Balanced representation from among the following interests: business, environment, practitioners of native Hawaiian culture, terrestrial and marine commerce, recreation, research, and tourism.
The lead agency shall undertake widespread solicitation of applications from persons who are interested in serving on the public advisory body.
(c) The public advisory body shall select its own chair from among its members.
(d) The public advisory body may establish working groups as needed. Working group members may include persons who are not members of the public advisory body.
(e) Public advisory body and working group members shall serve without compensation.
(f) The public advisory body shall support the lead agency by providing advice regarding marine and coastal zone management planning, coordination, and facilitation of functions of the coastal zone management program. It shall:
(1) Evaluate the state coastal zone management program, including activity of the network agencies, and make recommendations for improvements;
(2) Advocate for the program to the public and the executive and legislative branches of government; and
(3) Advocate, provide for, and act upon citizen input.
(g) The public advisory body shall work toward the implementation of an integrated and comprehensive management system for marine and coastal zone resources, consistent with the objectives and policies established in this chapter. [L 1995, c 104, §3; am L 2001, c 169, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205A. Coastal Zone Management › 205A-4 Implementation of objectives, policies, and guidelines.

§205A-4 Implementation of objectives, policies, and guidelines.
(a) In implementing the objectives of the coastal zone management program, the agencies shall give full consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space values, and coastal hazards, as well as to needs for economic development.
(b) The objectives and policies of this chapter and any guidelines enacted by the legislature shall be binding upon actions within the coastal zone management area by all agencies, within the scope of their authority. [L 1977, c 188, pt of §3; am L 1979, c 200, §3; am L 1989, c 356, §6]
Case Notes
Plaintiff's claim that the county defendants failed to consider cultural and historic values in violation of the coastal zone management act was not dependent on the determination of the access point to the development and, thus, was ripe. 131 H. 123, 315 P.3d 749 (2013).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205A. Coastal Zone Management › 205A-5 Compliance.

§205A-5 Compliance.
(a) All agencies shall ensure that their rules comply with the objectives and policies of this chapter and any guidelines enacted by the legislature.
(b) All agencies shall enforce the objectives and policies of this chapter and any rules adopted pursuant to this chapter. [L 1977, c 188, pt of §3; am L 1979, c 200, §4; am L 1989, c 356, §7; am L 1993, c 258, §3]
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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]
2023 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).
2023 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]
2023 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 (2019).
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).
2023 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).
2023 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]
2023 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).
2023 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).
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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 law enforcement;
(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; am L 2022, c 278, §17]
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.