Planning Department Rules, Rule 11

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setback area prior to June 16, 1989; (9) Work being done consists of maintenance, repair, and minor additions to or alterations of legal, publicly owned boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in little or no interference with natural. shoreline processes; (10) The structure or activity was determined by the Planning Department to be outside the shoreline setback area when it received legal approval(s) (i.e., a building pennit, Special Management Area Use Pen-nit or board of land and natural resources approval). (11) The exercise of traditional cultural practices as authorized by law or as permitted by the Planning Department pursuant to article X 1I, section 7, of the Hawaii State Constitution. (12) For the response to a public emergency or a state or local disaster when an emergency proclamation has been issued by the Mayor or Governor. (b) Structures or activities that qualify under section 11-7 (a)(6) through (10) may be repaired in conformance with plans approved by the Planning Department, but shall not be enlarged, rebuilt, or replaced within the shoreline area without a shoreline setback variance. (c) Structures or activities that qualify under section I 1-7(a)(6) through (10) may be routinely maintained. 11-8 Determination of Minor Structure and Minor Activity A minor structure or activity proposed in the shoreline setback area shall not need a shoreline setback variance if the Planning Department determines that it would not affect beach processes or artificially fix the shoreline and would not interfere with public access or public views to and along the shoreline. (a) A request for a minor structure or activity determination shall be submitted to the Planning Department and shall be accompanied by applicable information to assist in the detenmination, which could include but not be limited to a certified shoreline survey, construction plans, a list of proposed plants and their growth at maturation, existing and finished contours, photographs of the shoreline setback area, an environmental assessment, written reasons addressing the criteria set forth in Section 11-8 and other information required by the Planning Department. (b) Minor structures and activities shall be completed within one year from the date of the Planning Department's minor structure or activity detenmination Planning Department Roles cif Practice& Procedure 11-5