2025-11-07 PD Legal Memo (PL-BOA-2025-000119)

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insure that adequate public access is provided to public-owned or used beaches, recreation areas, and natural reserves..." See Planning Commission Rule 9-2. The property at issue is not a shoreline parcel and in fact is separated from the shoreline by a publicly owned shoreline lot and a public roadway. See ROA Pages 11, 24-25, and County of Hawaii Exhibit C. Likewise, Ms. Rohr's property is not a shoreline parcel and is separated from the shoreline by a publicly owned shoreline lot and the same public roadway. See COH Exhibit C. A. The Proposed Work is Not Development Key to the Director's determination how the uses proposed by the Landowners conform to the definition of"development." HRS §205A-22 defines "development" as follows [emphasis added]: "Development": (1) Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below: (A) Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; (B) Grading, removing, dredging, mining, or extraction of any materials; (C) Change in the density or intensity of use of land, including but not limited to the division or subdivision of land; (D) Change in the intensity of use of water, ecology related thereto, or of access thereto; and (E) Construction, reconstruction, or alteration of the size of any structure; and (2) Does not include the following: (A) Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development; (B) Repair or maintenance of roads and highways within existing rights-of-way; (C) Routine maintenance dredging of existing streams, channels, and drainage ways; 4