OPSD Cumulative Effects/Impact Assessment Guidance in SMA Permitting

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M Cumulative Effects/Impacts Assessment Guidance in Special Management Area Permitting Special Management Area (SMA) permit is a discretionary permit, which requires a decision -making body to exercise judgment prior to its approval. Considering potential cumulative effects in SMA permitting is required by the Hawaii Coastal Zone Management (CZM) Law, Hawaii Revised Statutes (HRS) Chapter 205A. Pursuant to HRS §205A-22, the determination of whether an action may have a substantial adverse environmental or ecological effect and therefore require a SMA Use Permit, must take into account potential cumulative effects as one of the key elements. Further, whenever the county authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a SMA, that use, activity, or operation shall be defined as a "development" for the purpose of SMA permitting. For example, as the result of cumulative effects/impacts, repeated improvements to an existing single-family residence on a shoreline parcel could be defined as a "development" and trigger a SMA permit. The National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management (OCM) periodically conducts Section 312 evaluations on the performance of federally approved coastal zone management programs of the states and territories. According to the NOAA OCM Evaluation Findings — Hawaii Coastal Zone Management Program August 2008 to August 2018, both stakeholders and county partners in the State of Hawaii expressed that "[I]t has been extremely hard to determine cumulative impacts in the special management area permitting process, and community members are frustrated, and that refined guidance would be helpful in making decisions." In response to OCM's evaluation findings and recommendations, the State of Hawaii Office of Planning and Sustainable Development' (OPSD), the lead agency for the Hawaii CZM Program, has worked with the County Planning Departments to study cumulative impact assessments for better decisions in SMA permitting. The OPSD has applied the following approaches and procedures to conduct this study: o Review the requirements of cumulative impact assessments and available guidance from the National Environmental Policy Act (NEPA) and Hawaii Environmental Policy Act (HEPA) o Request for guidance references for cumulative impact assessments from other coastal management programs via the Coastal States Organization The name of the Office of Planning was changed to the Office of Planning and Sustainable Development, enacted by Act 153, Session Laws of Hawaii (SLH) 2021.