PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9

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with natural shoreline processes; Based on this amendment to HRS, Section 11-7(a)(9) of Department Rule 11 is proposed to be amended as follows: (9) Work being done consists of maintenance,repair, [,.,,,.,.r..,.ffie*.ef,]and minor additions to or alterations of legal, publicly owned boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in little or no interference with natural shoreline processes; Reasons for the amendment: Act 16 amended this section which does not allow for the reconstruction of recreational facilities and the Planning Director is taking this time to align the rule with HRS. 15. Act 16 amended HRS 205A-44(b) as shown which affects Department Rule 11-7(b): "(b) Provided that permitted structures may be repaired, but shall not be enlarged, rebuilt, or replaced within the shoreline area without a variance." Based on this amendment to HRS, Section 11-7(b) of Department Rule 11 is proposed to be amended as follows: (b) Structures or activities that qualify under section 11-7 (a)(6) through (10) may be repaired in conformance with plans approved by the Planning Department, but shall not be enlarged, rebuilt, or replaced within the shoreline area without a shoreline setback variance. Reasons for the amendments: Act 16 amended this section which will prohibit the rebuilding or replacement of existing structures without an approved Shoreline Setback Variance. 16. As a result of the amendment to HRS 205A-44(b), which indicates that permitted structures in the shoreline area can be repaired but cannot be rebuilt or replaced without a variance, the Planning Director is adding definitions to Department Rule 11 as follows: "Rebuild"means the reconstruction of a lawfully existing structure when the -12-