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PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9
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2023
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2023-06-02 Joint Leeward & Windward
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Item #1 Proposed Amendments to Planning Commission Rule 8 and 9
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Board Packet from 2023-04-20 Joint Hearing
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PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9
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2. Act 16 amended HRS 205A-1 by defining a"Coastal hazards" as follows: <br /> a. "Coastal hazards" means amy tsunami, hurricane, wind, wave, storm surges, high <br /> tide, flooding, erosion, sea level rise, subsidence, or point and non-point source <br /> pollution. <br /> Reasons for the amendments: Previous to this amendment, there was no definition of <br /> beach and coastal hazards. <br /> PROPOSED AMENDMENTS TO DEPARTMENT RULE 11 (SHORELINE SETBACK <br /> VARIANCE, COMMISSION RULE 8 (SHORELINE SETBACK VARIANCE)AND <br /> COMMISSION RULE 9 (SPECIAL MANAGEMENT AREA) BY TOPIC: <br /> 3. Rename Commission Rule 8 to `Shoreline Setback Variance' in order to avoid confusion <br /> with Department Rule 11 which is also titled `Shoreline Setbacks'. <br /> Reasons for the amendments: Commission Rule 8 describes the process for the <br /> Commission to review and issue shoreline setback variances whereas Department Rule <br /> 11 describes the policy and process for establishing the shoreline setback line and <br /> enforcing activities and uses in the shoreline setback area. <br /> 4. Act 16 amended HRS 205A-22 by defining what"development" does include: <br /> a. "Construction, reconstruction , [ fi,] or alteration of the size of any <br /> structure. " <br /> Reasons for the amendments: Previous to this amendment, the demolition of any <br /> structure that was located in the SMA was considered to be development. <br /> 5. Act 16 amended HRS 205A-22 by stating that"development" does not include the <br /> following: <br /> a. "Construction or reconstruction of a single-family residence that is less than seven <br /> thousand five hundred square feet of floor area, is not situated on a shoreline <br /> parcel or a parcel that is impacted by waves, storm surges, high ide, or shoreline <br /> erosion, and is not part of a larger development." <br /> -4- <br />
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