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Home My WebLink About2017-09-25 Leeward Exh B (CZM SMA PowerPoint)Coastal Zone Management and Special Management Area Permit Hawaii CZM Program State Office of Planning Justine Nihipali Shichao Li Program Manager Project Analyst Before Leeward Planning Commission, County of Hawaii September 25, 2017 Coasw,Lone Manage- RAWAII STATE F-Cy O__ Office of Planning (OP) Co -s erne: rg_ i Geographic Information Systems (GIS) Program ron gment WING Coastal Zone Management (CZM) Balance use and protection to sustain coastal resources Coastal Zone Manao--e,== S National CZM Act ■ National CZM Act of 1972 • Enacted by the United States Congress • The state in the best position to manage the coastal zone: ➢ Coastal zone connects land and sea; and ➢ The state exercises discretion in land use policies and holds claim to the waters and submerged lands in the territorial sea. National Oceanic and Atmospheric Administration U.S. Department of Commerce Coastal Zone Mam HAWAH STATECf1.70F MANNING CZM Program Participation ■ Voluntary federal -state partnership program ■ Federal funds for state planning and administration ■ Privilege of administering the federal consistency review program STS z 4_N Ifr Program Enhancement and Other Opportunities Competitive Grant Funding Opportunities Projects of Special Merits (PSM) -Allows approved CZM Programs to further enhance area strategies focusing on Wetlands, Hazards, Cumulative and Secondary Impacts, and Ocean and Great Lakes Resources • Planning Assistance to the States (PAS) -Planning level studies related to water resource issues; usually involves analysis of existing data using standard engineering techniques Hawaii's CZM Program ■ 1973 -Act 164 mandated development of a statewide CZM program ■ 1977 -Act 188 enacted a statewide CZM program 1978 - U.S. Department of Commerce approved Hawaii CZM Program Eesti Zone fin_ --, per; Direct Federal Funds to Hawaii CZM Program Receives $2 million in federal funds annually Supports the Hawaii CZM Program Funds county administration of the Special Management Area (SMA) permit system ➢ Federal funds support 4 to 6 positions in Neighbor Island Planning Departments ProP -tal Zone ement HAWAII STATE CAE S:_` Hawaii CZM Program Components ■ Regulatory ➢ Federal Consistency ➢ Special Management Area (SMA) Permit ■ Planning and Initiatives ➢ Ocean Resources Management Plan (ORMP) ➢ CZM Initiatives Community Involvement ➢ Marine and Coastal Zone Advocacy Council (MACZAC) a HAWN' STME OFFICE OF p_mt ENNOMMUMo MMI Federal Consistency • Federal actions that have reasonably foreseeable effects on coastal use or resource must be consistent with the enforceable policies of the Hawaii CZM Program Federal Consistency Review Required for • Federal agency activities • Federal permits, i.e. U.S. Army Corps of Engineers Permit • Federal financial assistance Coastal Hawaii's Ocean Resources Management Plan (ORMP) - a Statewide Plan (HRS § 205a-62) • Connecting Land and Sea • Preserving the Ocean Heritage • Promoting Collaboration & Stewardship Z National Estuarine Research Reserve (HERR) • I Oo1o11010•0110000000000010•1.0101 Source: Manuel Mejia • Hawaii's NERR site selection process began in 2013 • Heeia designated as the 29th research reserve in the NEER System (NERRS) on January 19, 2017 • Managed by the University of Hawaii, Hawaii Institute of Marine Biology (UH-HIMB), along with the Reserve Advisory Board Coastal Z Marine and Coastal Zone Advocacy Council (MACZAC) CZAC Authority The Hawaii Coastal Zone Management (CZM) Program was formally established by the State legislature in 1977 (Act 188) Hawaii Revised Statutes Chapter 205A the Hawaii CZM law designated the Office of Planning (DF,) as the lead agency for the Hawaii CZM Program MACZAC was established (HRS §205A-3 5) as a pubic advisory body to support the lead agency (OP CZM Program) by " providing advice regarding marine and coastal zone management planning, coordmation_ and facititation of functions of the CZM Program - Responsibilities Si. Goals • Evaluate the State's CZM Program and make recommendations for improvements • Advocate support for the CZM Program to the pubic and to the executive and legrslatrve branches of govemment • Advocate, provide for, and act upon citizen input • Work toward the implementation of an integrated and comprehensive management system for marine and coastal zone resources • •i• an Ma Plan The Hawa-i Ocean Resources Management Plan (ORMP) is a statewide plan that sets forth the State s ocean and coastal resource management priorities The ORMP is a requirement under Hawaii Revised Statutes §205A-3 and is a major component of the States CZM Program Brochure updated 12/162016 CZAC Working Groups Education anA 0.4streach The Education and Outreach Working Group advocates for the CZM Program to the public. z»)!)11))11zz Lg/game The Legislatrve Working Group advocates to the executive and legislative branches of government to offer support for the CZM Program and other related legislation -Ocen Route The Ocean Resources Working Group advocates for cooperative use of shared ocean and coastal resources in a sustamable manner -One Access The Shore-ine Access Working Group advocates for increased public shoreline access _ • 111111711111111-1111111111-' ))).% CZAC Activities Meer_ings MACZAC holds quarterly meetings open to the public See website for details AdvC4.8Cy MACZAC welcomes public input and provides support to tackle various coastal zone issues Slte Visits In order to learn more about current issues in Hawaii MACZAC holds one meeting each year on a neighbor island and includes in the meeting agenda a site visit to an area of interest MACZAC memLS Selig Mile -semi CPS FA en 141e12ke 1Sep4f4sbef. 2014) fmnrnunity Awards The Douglas Tom Thumbs -Up Award recognizes Hawaii organizations that further the goals of MACZAC. advance the CZM Program, and actrvely engage the community MACZAC members presented the 2015 Thumbs -Up Award to the University of Hawaii Marine Option Program, a certificate program providing educahonai opportunities for students from any field of study who are interested r the ocean Cyntiviu Hunter (piclo4s11 lourth kosi 1E00, Marine eptial as:Nein...10c accefAed Me award ler oath of tie UH campuses Muse MOP is ems-Neble fiume: 201131 Coastal Zone Mznagement HAWAII STATE WICE OF MANN-L4G Hawaii CZM Network- A Spatial Perspective (Schematic — Not to Scale) Urban, Rural, Agricultural or Conservation District County Special Management Area CZM Pi orceable Policies from State and County Agencies CZMeable Policies from State Agencies State Conservation District Min. 20 ft- 46 or eater 4 - United States co con m 0 Insular Shelf Hawaii CZM Area - Enure Sta Shoreline Setbacks nnsti Zone ro ,__ - =azo ennoE no onto, The Special ManagementArea (SMA) The area extends inland from and along the shoreline Cnastal Zone Man ernerl_ Kauai Niihau SMA Molokai County Designated SMAs (for illustration purpose) Maui Coa_1 Zone _ agement Purpose of the SMA Permit • The SMA permit was established in 1975 with the enactment of Act 176, SLH, the Shoreline Protection Act • Special controls on developments within an area along the shoreline to 1) avoid permanent losses of valuable resources and the foreclosure of management options; and 2) ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. Coastal Zane Manage- - SMA Authorities ■ Four counties play a key role in regulating developments in the SMA ■ The SMA boundaries were delineated by the county authorities ■ The county authorities are the County Planning Commissions, except on Oahu where it is the City Council County of Hawaii: Windward, Leeward Planning Commissions County of Kauai: Kauai Planning Commission County of Maui: Maui, Molokai, Lanai Planning Commissions City & County of Honolulu: Honolulu City Council agement OP's Role in SMA Permitting • Plays a role of lead agency in the administration of the CZM Program • Oversees the consistency of the SMA permit system • Provides CZM/SMA training sessions to county SMA personnel, and the County Planning Commissions • Provides SMA permit guidance SMA use review and approval for developments in Hawaii community development districts • Coastal ment STATE „OF AANNING Hawaii UM Program a Participant's Guide to the SPECIAL MANAGEMENT AREA (SMA) Permit Process in the State of Hawaii 19 Regulate Permissible Land Uses ublic Hearing Coastal Klement State Land Use Districts a Specific Land Use Policies: Zoning, county general plans and development plans CRellAUSTTO Yk E _% FUNA LE4 Purim d Sti 3H HILO ; T a_ _: _` Permit to Precede other Permits (§§ 205a-28 & 29) M =gIte-l£ "Development" vs, "Not Development" MOIN moMMo 1100101.10 Single -Family Residence (< 7,500 sq ft floor area) Signal Device & Siren SMA Major Permit vs, SMA Minor Permit ■ Key Factor --adverse environmental or ecological effect ■ Cost threshold -- $500,000 SMA Permitting Procedure Document Exemption by the Director SMA Minor Permit Issued or Denied by the Director Yes Applicant Proposal Consultation with the County Planning Department for Application Requirements Application Assessment & Determination Completed Application? Yes SMA Exempt? SMA Minor Permit? Short Form Assessment SMA Major Permit Required Additional Information Required? Provide Additional Information Public Hearing Public Testimony Deliberation Staff Evaluation & Report Planning Director's Recommendation Final Decision by the County Authority Source: Special Management Area (SMA) Permit System Project Final Assessment Report, 2005 26 Guidance to the SMA Permit Administration ➢ Recreational Resources ➢ Historic Resources ➢ Scenic and Open Space Resources ➢ Coastal Ecosystems ➢> Economic Uses ➢ Coastal Hazards ➢ Managing Development ➢ Public Participation ➢ Beach Protection ➢ Marine Resources CZM Objectives & Policies moastai Zone Management STATE OFF!CZ ❑ Adequate access to publicly owned or used beaches, recreation areas and natural reserves Conti! 7, ❑ Mitigation on alterations to existing land forms u Minimizing danger of coastal hazards 111110011111111 MINIM Honolulu Star -Advertiser, January 23, 2014 ❑ Preservation of historic and archaeological resources Zone !Management SMA Permit Assessment and Conditions Hawaii CZM Law's Provisions SMA Permit Conditions May Include: ■ Provision and maintenance of public beach access ■ Preservation of archaeological sites ■ Protection of life and property from coastal hazards ■ Boundary setbacks and building height restrictions to preserve coastal views ■ Drainage improvements to control siltation in coastal waters ■ Prohibition of artificial lighting on the shoreline and ocean waters Coanzi Zone Mai apt Questionable SMA Permit Conditions Example 1 In accordance with Section XYZ of the County Plan, the proposed activity shall incorporate on prevention elements in the design and building of structures, landscaping and lighting. Example2 /According to Section XYZ of the Zoning Code, the proposed activity shall incorporate acceptable energ conservationmeasures in the design, construction and management of the development. Example 3 Appropriate measures shall be taken to mitigate the impacts of the project relative to trffi then tons. HAWN' ' E .-. met Enforcement of SMA Permit Conditions Ceastai Zone ego - -_ STATE OFFSEE OF= z- Civil Fine for SMA Use or Shoreline SetbackViolation (§ 205A-32) Up to $1 t-SlOy= _ ac Notice of Violation • Civil fine • Timeline for compliance HAWAII STATE C WAN N Please Contact planning.hawaii1gov/czm (808) 587-2846 n Yo