Planning Department Rules, Rule 11

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wash of the waves is fixed or significantly affected by a structure that has not received all permits and approvals required by law or if any part of any structure in violation of this rule extends seaward of the shoreline, then the term "shoreline setback area" shall include the entire structure. (n) "Shoreline setback line" means that line established by the Planning Department running inland from and parallel to the certified shoreline at a horizontal plane. (o) "Structure" includes, but is not limited to, any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment. (p) "Vegetation" means any plant, tree, shrub, grass, or groups, clusters or patches of the same, naturally rooted and growing. 11-4 Shoreline Certification, Exceptions and Waivers (a) The shoreline is certified by the chairperson of the Board of Land and Natural Resources pursuant to its adopted Hawaii Administrative Rules (HAR). No determination of a shoreline shall be valid for a period longer than twelve months, except where the shoreline is fixed by man-made structures, which have been. approved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and structure; in which case the certified shoreline survey shall be valid so long as the man-made structure remains intact and unaltered. (b) For the purpose of establishing the shoreline setback line, the Planning Department may, in consultation with the Department of Land and Natural Resources, require the certified shoreline survey to extend a minimum 40 feet laterally beyond the affected property's shoreline frontage in cases where the inland reaches of an adjacent property's shoreline frontage affect the determination of the shoreline setback area. (c) The Planning Department may waive the certification requirement in cases where there may be special or unusual physical circumstances or conditions of the land or where a structure or activity is proposed at a considerable distance inland. Setback lines shall be conservatively, but reasonably established. The Planning Department may require a survey map of the subject area depicting physical and geographical conditions to assist in making a determination. 11-5 Minimum Shoreline Setback Line (a) The minimum shoreline setback line shall not be less than forty (40) feet inland from the shoreline. 11-6 Structures and Activities Prohibited within the Shoreline Setback Area (a) The mining or taping of sand,dead coral or coral rubble,rocks,soil or other Planning Department Rules of Practice&Procedure 11-3