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

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agencies (i.e., U.S. Army Corps of Engineers, Department of Public Works)[-,-Of1 ,and the authorization does not exceed three years-, Reasons for the amendments: The Planning Director recommends amending Commission Rule 8-10 Waiver of Public Hearing and Action in order to be in conformance with changes made to Chapter 205A of the HRS prior to Act 16. 12. HRS 205A-43.5(a)(3)was amended as shown which affects Section 8-10(a)(3) of Commission Rule 8 and Section 11-11(a)(3) of Department Rule 11: (3) Other structures or activities,provided that no person or a requested has requested a public hearing within twenty-five calendar days after public notice of the application; or" Reasons for the amendments: The Planning Director recommends amending Commission Rule 8-10 Waiver of Public Hearing and Action in order to be in conformance with changes made to Chapter 205A of the HRS prior to Act 16. 13. Act 16 amended HRS 205A-46(1)(a)(8) and (9) as shown which affects Section 8-11 of Commission Rule 8: a. Private facilities or improvements [which] that will [neither] not adversely affect beach processes [fte ], result in flanking shoreline erosion, or artificially fix the shoreline;provided that the authority [also finds th ] may consider any hardship that will result to the applicant if the facilities or improvements are not allowed within the shoreline area; b. Private facilities or improvements that may artificially fix the shoreline;provided that the authority [also f4fids that she-o':ro e S likely to e e] may consider hardship to the applicant if the facilities or improvements are not allowed within the shoreline area[, and the ^tAeFity ifflffSeS 60fiditi&IS tO r Ohibit any � or], 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 -9-