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4/13/2026 10:34:35 AM
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11/25/2011 11:17:06 AM
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§205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the <br />following guidelines for the review of developments proposed in the special management area: (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: <br />(A) Adequate access, by dedication or other means, to publicly owned or used beaches, <br />recreation areas, and natural reserves is provided to the extent consistent with sound <br />conservation principles; <br />(B) Adequate and properly located public recreation areas andwildlife preserves are <br />reserved; <br />(C) Provisions are made for solid and liquid waste treatment, disposition, and management <br />that will minimize adverse effects upon special management area resources; and <br />(D) Alterations to existing land forms and vegetation, except crops, and construction of <br />structures shall cause minimum adverse effect to water resources, beaches, coastal dunes, <br />and scenic and recreational amenities and minimize impacts from floods, wind damage, <br />storm surge, landslides, erosion, sea level rise, siltation, or failure in the event of <br />earthquake. (2) No development shall be approved unless the authority has first found: <br />(A) That the development will not have any significant adverse environmental or ecological <br />effect, except as any adverse effect is minimized to the extent practicable and clearly <br />outweighed by public health, safety, or compelling public interests. Those adverse effects <br />shall include but not be limited to the potential cumulative impact of individual <br />developments, each of which taken by itself might not have a significant adverse effect, and the elimination of planning options; <br />(B) That the development is consistent with the objectives, policies, and special <br />management area guidelines of this chapter and any guidelines enacted by the legislature; and <br />(C) That the development is consistent with the county general plan, community plan, and <br />zoning; provided that finding of consistency shall not preclude concurrent processing where ageneral plan, community plan or zoning amendment may also be required. <br />(3) The authority shall seek to minimize, where reasonable: (A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, <br />slough or lagoon; <br />(B) Any development that would reduce the size of any beach or other area usable for <br />public recreation; <br />(C) Any development that would reduce or impose restrictions upon public access to tidal <br />and submerged lands, beaches, portions of rivers and streams within the special <br />management areas and the mean high tide line where there is no beach; <br />(D) Any development that would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast; and <br />(E) Any development that would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife <br />habitats, or potential or existing agricultural uses of land. <br />Note: A copy of the entire Planning Commission RULE 9, SPECIAL MANAGEMENT AREA can <br />be found within the Planning Commission Rules on the Planning Department Website (https://www.planning.hawaiicounty.gov/resources/resources-references). <br />Rev 12/8/2022
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