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2)Because high winter surf is not considered a storm or tsunami, and yet inundation can occur hundreds of feet inland from existing houses, exclusion has been proposed, and practiced in the field by professional surveyors and even the State Surveyor that the high winter surf must be annually recurring. Again, this is to avoid the result that places the shoreline hundreds of feet inland from an existing house. Taken literally, the shoreline could be placed along some North Shore beaches on Oahu, inland of the coastal road and makai houses. 3)In the past, the shoreline has been placed at the toe of a revetment or base of a seawall, even though the true upper reach of the wash of the waves would be significantly inland of these structures. This exclusion is to prevent the result where the seawalls or revetments, even if legally permitted, would eventually become significantly seaward of the 12 shoreline. 4)Because there are instances where the coastal slope may dip away from the ocean, and there is the potential for inundation to move significantly inland not by the force of wave action and runup, but by gravity flow downhill, a 13 further exclusion has been proposed for this situation. This is significant in the Kapoho area and discussed briefly in a review of the shoreline certification process for the State Legislature. This issue will be revisited shortly. 5)In the Kapoho area, the current practice of using upper reach of the wash of the waves or surface connection to the ocean to define the shoreline can also lead to abnormal results. For instance in Figure 3-11, a two foot wide channel is shown that crosses Waiopae Road. Although the boundaries of the channel can be accurately mapped to the nearest centimeter using the latest sophisticated instruments, the information would of little value if the measurements have no regulatory use. If surface connection is the valid criteria for this area, then a two foot portion of the road would be under state jurisdiction, and the dry portion of the road under the county of Hawaii. Although surface connection can lead to abnormal results for this small channel, it would be more reasonable if the channel became deeper, wider and more persistent over time. However at what point is the channel sufficiently large to take on regulatory significance? From the above scenarios, it is apparent that a strict literal application of the shoreline definition, especially that which relies on wave runup or the upper 12 The current practice at the DLNR is to place the shoreline at the upper reach of the wash of the waves, even if it is mauka of a structure. 13 State of Hawaii – Department of Land and Natural Resources, “Requesting a Review and Analysis of the Issues Surrounding the Shoreline Certification Process for the Purpose of Establishing Shoreline Setbacks,” Report to the Twenty-Third Legislature Regular Session of 2006. 19 pages. 30