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

Home

ACT 16 facilities, [whie ] that result in little or no interference with natural shoreline processes." SECTION 10. Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Except as provided in this section, structures are prohibited in the shoreline area without a variance pursuant to this part. Structures in the shore- line 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 build- ing permit or board approval; (4) They are necessary for or ancillary to continuation of existing agri- culture or aquaculture in the shoreline area on June 16, 1989; (5) They are minor structures permitted under rules adopted by the de- partment 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, [reeenstr-tiet e„,] 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." SECTION 11. Section 205A-46, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) A variance may be granted for a structure or activity otherwise pro- hibited in this part if the authority finds in writing, based on the record pre- sented, 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 reg- ulated under chapter 269; (7) Private facilities or improvements that are clearly in the public interest; (8) Private facilities or improvements [which] that will [der-] not adversely affect beach processes [ne ], 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 ap- plicant if the facilities or improvements are not allowed within the shoreline area; (9) Private facilities or improvements that may artificially fix the shore- line; provided that the authority [also finds that s a+:e in e likely to ,,,, may consider hardship to the applicant if the facili- ties or improvements are not allowed within the shoreline area[ 265