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Home My WebLink About2021-05-20 Leeward Exh G (State Office of Planning CZM SMA Presentation) HAWAII COASTAL ZONE MANAGEMENT AND SPECIAL MANAGEMENT AREA PERMITTING STATE OFFICE OF HAWAII HAWAII COASTAL ZONE MANAGEMENT PROGRAM JUSTINE NIHIPALI SHICHAO LI PROGRAM MANAGER PLANNER BEFORE THE COUNTY OF HAWAII LEEWARD PLANNING COMMISSION MAY 20, 2021 Hawaii CIM Program Coastal Zone Management HAWAII STATE OFFICE OF PLANNING F X, � r� rT NationalCoastalZone L-Management (CZM ) Act National Oceanic and Atmospheric Administration U.S. Department of Commerce ■ National CZM Act of 1972 ■ Enacted by the United States Congress ■ Preserve, protect, develop, and where possible, to restore or enhance the resources of coastal zone for this and succeeding generations • The state in the best position to manage the coastal zone Hawaii Ctm Program Coastal Zone Management HAWAII STATE OFFICE OF PLANKING CZM Program Participation - voluntary federal-state partnership program Two basic incentives: Federal Y SIRS t ti Y ' ♦ nom, , • state planning and eY f0 • • Privilege • �wadministering • - . - �1federal consistency ., ,.. review • • ram Hawaii czm Program w °' Coastal ZoneManagement Pro gram Enhancement and Other Opportunitiesi ■ Competitive Grant Funding Opportunities ■ Projects of Special Merits (PSM) - Allows approved CZM Programs to further enhance area strategies focusing on Wetlands, Coastal Hazards, Cumulative and Secondary Impacts, and Ocean and Great Lakes Resources Hawaii am Program Coastal Zone Management HAWAII STATE Pf W_E1.4 LAWJN Hawaii CZM Program ■ 1973 (Act 164) Mandated development of a statewide CZM (:1unficatc 0f_ ilp-r011a_1. program ■ 1977 (Act 188) �;,,,a,f f.w,��,,.�.,.r„i(i.'/�/'/%7l/��L.JJ-✓'�Y3:,u.,,..,r,,,L.� ,,.�,r ,, y,,✓ ,,,,ter „y„r„�� Enacted a statewide CZM program �{�tu��iii u�n�tytHl f unc lil�m��ement{@rngr��m ■ 1978 - U.S. 7iit..ru Department of Commerce approved Hawaii CZM Program Hawaii Cim Program Coastal Zone Management A �WkYP TATE-'. ,F°ldf�t,117 C, Office of Planning (OP) Planning Land Use Division Division Coastal Zone Geographic Management Special Plans Information (CZM) Program Program Systems (GIS) Program Hawaii CZM Program Coastal Zone Management HAWAII STATE OFFICE OF PLANNNG v Direct Federal Funds • Hawaii Program ', • ■ Receives approximately $2 million in federal funds annually ■ Supports the Hawaii CZM Program ■ Funds county administration of the Special Management Area (SMA) permit system CZM funds support 14 positions in neighbor island planning departments Hawaii CZM Program Coastal Zone Management HAWAII STATE OFFICE OF PLANNI!QG Hawaii CZM Program Components N L ;2 Federal Consistency o — — -- = Special Management Area (SMA) Permitting cn o °C Shoreline Setbacks o� Ocean Resources Management Plan W >_ Coastal Hazards IM M 10 Coastal Non-Point Pollution Control Program .� ~ * Hawaii CZM Program Marine and Coastal Zone Advocacy Council Coastal Zone Management -. MAaAII STATE OFFICE OF PLANNING Federal Consistency Federal actions that have reasonably foreseeable effects on coastal use or resource must be consistent with the enforceable policies of the Hawaii CZM Program. Federal Consistency Review Required for ■ Federal agency activities ■ Federal permits, i.e. U.S. Army Corps of Engineers Permit ■ Federal financial assistance Hawaii CZM Program Coastal Zone Management `} HAWAII STATE OFFICE OF PLANNING Ocean Management Plan ( ORMP) kXAB 1 I hawaii Occur ResourcesPIAN , N"lanagenient Plan ■ n Ilau.m �.eau and Nimu.He um Cuwwil "Si15f .r• Jammrr W91 I enf `$may 1998 Review of the HE HA' AVI OCEAN RESOURCES Hawaii Occun Resources 2020 6 D9uuageiucnt Plan W1 HAtl XV 1 Reiner w tlic T—licl6 Lcgulalwc ~ i � Hcgul.n tieuun ul I�Vw 'b 1985 1991/1998 2006 2013 2020 i Pursuant to HRS §205A-62, the lead agency shall coordinate overall implementation of the ORMP, and review and periodically update the plan. Hawaii CiM Program Coastal Zone Management Cj M%VAII STAit OFFICE OF PLANNIN, Probabilistic Zone (TDZ) i L-Maps For of Hawaii ■ To assist in the use of the American Society of Civil Engineers (ASCE) 7-16 tsunami design standards in Hawaii, maps of 2,500-year probabilistic tsunami inundation for Hawaii have been recently developed through OP-CZM's high resolution ( 10-meter) probabilistic TDZ mapping project for the Island of Oahu. This one-year `- project ended by September 30, 2019. ■ OP-CZM seeks to develop high resolution probabilistic TDZ maps for all the major Hawaiian Maximum Wave Amplitude in Hawaii using NEOWAVE,a Islands. model used for probabilistic tsunami modeling Hawaii czm Program Coastal Zone Management HAWAII STATE OFFICE OF PLANNING �l} Coastal • / • • ,_Control Program ( CNPCP HawaN Nonpoint Source ■ In 1990, U.S. Congress enacted CZM Act Management Plan Authorization amendments by adding a new section 6127 ""Protecting Coastal Waters" 2021 - 2025 ■ Each State with an approved CZM Program must develop and submit to EPA and NOAA for " `�"' approval of a CNPCP ■ Administered jointly by the Department ofHealth (DOH) and the Hawaii CZM Program Fe51 i lawai i State Department of Health A., a' ■ Five out of 49 of the required management �� ;i11ly'ned ulnBancuholProhF.Fm ' measures still require approval. Hawaii CZM Program Coastal Zone Management HAWAII STATE OFFICE OF PLAW.IN- MACZAC Working Groups MACZAC Activities Education and Outreach P.ee tongs The Education and Outreach Working Croup MACZAC holds quarterly meetings open to adtroc rtes for the CZM the public See website for details Pingrain to the Public MACZAC welcomes public input and provides support to tackle various coastal zone issues Legislative , Coastal The Legislative Working Group advocates to the In order to team more about current issues in Marine executive and legislative branches of government Hawa•.i MACZAC holds to offer support for the CZM Program one meeting each year i e A dvocacy Council and other related �7cw._. on a neghbor island legislation and includes in the meeting agenda a site visit to an area of founded interest j" ( MACZAC) ~ LIAUA ri c bene mumg Ocean Resources Me—CesFAba , , rd'aYl�n f`. .FAen'Eei 20141 The Ocean Resources Working Group advocates for cooperative use of snared ocean and coastal re_,ourcas m a Community Awards sustainable manner The Douglas Tom Thumbs-Up Award recognizes Hawaii organizations that further the goals of MACZAC.advance the CZM Program and actively engage the community y,x MACZAC members presented 01e 2015 Thumbs-Up Award to the University of Hawaii Marine Option Program a certificate program Shoreline Access providing educational opportunities for The Shoreline Access Working Group advocates students from any field of study who are for increased puWi� interested in the ocean shoreline access AL,qjW All a y "s Or CVtdiw Huns'[p¢sod loonam hieil A6irine 00—P1Wiani Co duiutai acwpinf rhe avr d is earn Of MU UH aimMiseihe when MOP is arasat"IJww 2015, Hawaii czm Program Coastal Z 12 Hawaii CZM Network A Spatial Perspective Urban,Rural,Agricultural or Conservation County Special Management Area c 0 o CZM Enforceable Policies E from State Agenciescc cc m State Marine Waters - co m _ _ _ ___ _ _ _ _ _ _ 19 �U- CZM Enforceable Policies from = m 0 State and County Agencies Min_40 ft z m greater `' a� . . . e Insular Shelf .. ,—� Hawaii czm Program Hawa�� CZM Area - Entire State �fCoastal Zone Management NA`A Ail STATE OFFICE OF PLANNING CEMIMEM _ v New Structures Shoreline Setback Existing f e Structures u res t % Accommodation Protection N Retreat Hawaii CIM Program „ ,,�► � t y 1* HAWA0�TATE OFFICE OF PLAMINC o.stal Zone Mana r e The Special Management Area ( SMA) extendsThe area • from °NM and along the shoreline ,, t t. �"� ��.t+ �� ..; �� .� ire-,." ��r�'"-.:. '�.n irk=� � a. .Y � �•� C( ,.'-'^C`- ��f� Hawaii czm r � 1 v �.+ ,' �'� '#"'t}:,, c• � ?a�Y j ...Marr w► l iy��1,,�-��,.��r..;_'� - r � "�„..�--r_•s—.. ,;„. ry 3 ti Y r. '"r a"�• ar � Program Coastal Purpose of SMA Permittingi ,,_( Hsr §--205A-21 ) ■ It is necessary to have special controls on developments within an area along the shoreline to 10, avoid permanent losses of valuable resources and the foreclosure of management options; and .01 ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves, is provided. ■ The SMA permit was established with the enactment of Act 176, SLH 1975, which was called the Shoreline Protection Act Hawaii cim Program Coastal Zone Management 1 V HAAAII STATE OFFICE OF PLAM,ING SMA Permit - First Permit for a Developmenti, ■ Does not establish land use policies for developments Public Hearing ■ Regulates permissible land uses that are _ 1.1 ' already allowed by state and county land use policies ■ No development shall be allowed within the SMA without obtaining a SMA permit (§ 205A-28) > ■ No agency is authorized to issue other permits pertaining to any development within the SMA unless a SMA permit is first issued (§ 205A-29) Hawaii CZM Program Coastal Zone Management 17 HAWAII STATE OFFICE OF PLANNING County Authorities of SMA Permitting The authorities for SMA permitting 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 Hawaii um Program Coastal Zone Management is I* . Kauai Niihau Oahu Molokai Maui Kauai 19,217 acres Lanai Oahu 37,629 acres SMA Maui 75,3x5 acres Hawaii 97,866 acres Hawaii Source: Hawaii GIS Program 2013 County Designated SMAS (for illustration purpose) Hawaii czm Program Coastal Zone Management 19 HAN/1.11 STATE OFFICE Of PLANNING Guidance under CZM Objectives/ Policies and LSMA Guidelines Recreational y Coastal Hazards Resources Hawaii CZM Law's Provisions y Historic ➢ Managing Resources Development Scenic and Open Space Resources ➢ Public Participation --' FOCUS t = • Coastal ' Ecosystems Beach Protection a Economic Uses Marine Resources Hawaii CZM Program Coastal Zone Management n HAWAII STATE OFFICE OF PLANNING 1 Y1 Development vs. Not Development (HRS � 205A-22) i -•?! ��b�s��7�. {ford�Y�i,ii � q'� e . r r 4 9 _ r „ Roof Repairs Residence Hawaii czm Program Coastal Zone • • • • • Management 21 SMA Major Permit vS. SMA Minor Permit !� a Factor environmental or ecological effect, taking • account impacts • Cost threshold11111 HMO czm Program Cumulative Impacts in SMA Assessment Spatial Temporal Scope Incremental Scope Future Actions- Impacts- Impact — CZM Criteria - up to SMA Past Actions Present minimum 5 years added by the Cumulative Im p inland - minimum Actions forward or up to proposed Incremental impact of boundary 5 years past operational life of the action proposed project the proposed action Coastal 1 recreational when added to other resources past, present, and 2 Historic resources 3 Scenic and open reasonably space foreseeable future 4 Coastal ecosystems actions regardless of 5 Economic uses what agency or 6 Coastal hazards person undertakes 7 Beach and dune protection other actions CHAR 8 Marine resources Ch.11-200.1 ) Bay/estuary/salt 9 marsh/river mouth, slough or lagoon Fishing grounds, 10 Wildlife habitats, or Hawaii CZAI Program agricultural uses of Coastal Zone Management land 23 Act 16,, SLH 2020 relating to HRS Ch . 205A Purpose: mitigates the impacts of coastal hazards on coastal development, and enhances beach protection ■ Amends the list of "development" and "not development" ■ Increases the minimum shoreline setback from 20 feet to 40 feet ■ Adds sea level rise to the definition of coastal hazards, and a definition of beach to enhance beach protection ■ Restricts or prohibits shoreline hardening structures at sites with beaches 24 Amendments to "' Development" (§ 20.SA-22) Except with a cumulative impact or significant environmental effect on a SMA, "Development" does not include the following: ➢ Demolition of structures, except those located on any historic site as designated in national or state registers. ➢ Nonstructural improvements to existing structures, including single-family residences, commercial and noncommercial structures ➢ Construction or reconstruction of a single-family residence that is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tides or shoreline erosion. Hawaii czm Program Coastal Zone Management G„C HAWAII STATE OFFICE OF PLANNING Development of Single- Family Residences (Act 16., SLH 2020) } a) On a shoreline parcel b) On a non-shoreline parcel OP recommends the sea level rise exposure areas (SLR-XA), 0.5-foot SLR • y „ „ scenario, identified from the State of Hawaii Sea Level Rise Viewer as a reference map to help identify whether a non-shoreline parcel is impacted by waves, storm surges, high tide or •�m � shoreline erosion. LL—.,.J.� .7rv.t_ fid' •�tif(i kA;l:vF. m I I ik Hawaii czm Program PX100S Coastal Zone Management 26 " '• - - ' •- I * HAWAII STATE OFFICE OF PLAt:GING Minimum 40-foot Shoreline Setback IN No longer allows the reduction of the shoreline setback to less than - 40 feet for any shoreline parcels. ■ Requires a shoreline setback : variance, an exception to prohibition, for a non-minor structure that is located within the shoreline area. ■ A shoreline setback variance may be granted for use of an existing shallow shoreline lot. * Hawaii CZM Program Coastal Zone Management r_� ,.7 HANNA STA?E OFFICE OF PLANNING Definition of Beach Defined for the first time in Hawaii Statute Law "Beach" means a coastal landform composed r _ m of sand, that is established and shaped by wave action and tidal processes. Beach includes sand deposits in nearshore submerged areas, or sand dunes or uplandw. beach deposits landward of the shoreline, o that provide benefits - ➢ for public use and recreation; ➢ for coastal ecosystems; and ➢ as a natural buffer against coastal ' '^ . ` hazards. Hawaii czm Program Coastal Zone Management 28 HAV,'id15TATE OFFICE OF PLANNING § 20SA- 2 (c) (9 ) Beach Protection Policies (B) Prohibits construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; (C) Minimize construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; Hawaii �A Program Coastal Zone Management r-No More Seawalls/ Revetments Lin Areas with Beaches Pursuant to § 205A-46(a)(9), shoreline hardening structures in areas with beaches are prohibited from the private property owners, unless it is clearly in the interest of the general public. The interest of the general public " I 5- public safety and/or public health; protection of public infrastructure in response to risk of coastal hazards; or beach protection/sand retention for public use and recreation or coastal ecosystems. x •..'V [' Y (jfh ." .. n y.9�1 ,�,#yam,:.:, ,.ti 3r HMO czm Program Coastal Zone Management 30 HMNAII STATE OFFICE OF PLANNING Questions' http ://planning . hawaii .gov/um State of Hawaii Office of Planning P.O. Box 2359 Honolulu, Hawaii 96804 (808) 587-2841 shichao.li@hawaii.gov Hawaii czm Program Coastal Zone Management HAWAII STATE OFFICE OF PLANNINC