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reach of the wash of waves can lead to unusual results. For example, if the <br />shoreline is too far back in relation to existing structures, either exclusion has been <br />created, or has been proposed, or the literal interpretation has not been followed in <br />the field. The examples given for: (i) storm or seismic waves; (ii) large winter <br />waves that are not annually recurring; and (iii) water that flows inland from <br />gravity flow, as opposed to wave runup illustrate this point. <br /> A sense of reasonableness to the conditions at the site is often utilized that <br />takes place in the interpretation of the shoreline. However, two other <br />complicating factors are at play. The recent Supreme Court decision indicates that <br />there will be less flexibility in determining the “upper reach of the wash of the <br />waves.” If there are any changes in the shoreline certification process, rules at the <br />State level would need to be changed and the State rules are already under a high <br />level of scrutiny. Also the indication of active subsidence in Kapoho suggests that <br />the State and county should not be flexible in determining the shoreline in this <br />area because it can lead to increased development pressure in an area that is <br />actively subsiding and subject to frequent flooding. So although options for <br />shoreline certification are given in the last part of this Chapter, it is up to the <br />county and/or State to determine if they will be pursued. These options are not <br />necessarily recommendations <br />since it is not the purpose of this report to set policy. <br />Submerged Land? <br />State Jurisdiction? <br />Shoreline? <br />County Jurisdiction <br />Figure 3-11 - During the high-tide event of August 17, 2005 – water crossed the makai ocean lots, <br />and then the road, causing significant flooding of the mauka lots (right) as water spilled over from <br />the road. Using surface connection to the ocean as a criteria to determine the shoreline can result <br />in portion of the road being under State jurisdiction, while the majority is under county jurisdiction. <br />31 <br /> <br />