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

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pursuant to chapter 91 and shall enforce the shoreline setbacks and rules pertaining thereto." Based on this amendment to HRS, Section 11-5 of Department Rule 11 is proposed to be amended as follows: "(a) The minimum shoreline setback line shall not be less than forty (40) feet inland from the shoreline." Reasons for the amendments: This provision will help shift new development away from exposure to coastal hazards. This amendment will no longer allow for Counties to reduce the shoreline setback to less than 40 feet for existing shallow shoreline lots where the buildable area of the parcel will be less than 50% of the parcel after applying the setback. 11. HRS 205A-43.5(a)(2) was amended as shown which affects Section 8-10(a)(2) through (3) of Commission Rule 8 and Section 11-11(a)(2)through (3) of Department Rule 11: "(2) Protection of a legal structure [ I i -,,,�ro than $20 000 ] 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, Based on this amendment to HRS, Section Section 8-10(a)(2) of Commission Rule 8 is proposed to be amended as follows: (1) Protection of a structure determined by the Department to be legally constructed, [whieh eosts more than $20 000;] a legal structure or public facility, including any facility owned by a public utility that is regulated_ pursuant to Chapter 269,HRS that does not fix the shoreline,under an emergency authorization issued by the authority authorization issued by the authority; provided that the structure or public facility is at risk of immediate damage from shoreline erosion as determined by the Department,in consultation with appropriate -8-