HomeMy WebLinkAboutAct 229 Material S JOSH GREEN,M.D.
STATE OF HAWAFI
.CP°°•°°•iB 59. °•9 GOVERNOR
OFFICE OF PLANNING SYLVIALUKE
LT.GOVERNOR
& SUSTAINABLE DEVELOPMENT MARY ALICE EVANS
INTERIM DIRECTOR
'°•. o°°� 235 South Beretania Street,6th Floor, Honolulu, Hawaii 96813 Telephone: (808)587-2846
��q'o:ap'poaQ°4 Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Fax: (808)587-2824
Web: https://planning.hawaii.gov/
DTS 202307071306LI
Coastal Zone
Management
Program
July 10, 2023
Environmental
Review Program
Land Use
Commission
Land Use Division Mr. Zendo Kern, Director
County of Hawaii Planning Department
Special Plans East Hawaii Office
Branch
101 Pauahi Street, Suite 3
State Transit- Hilo, Hawaii 96720
Oriented
Development
Attn: Ms. Maij a Jackson
Statewi de
Geographic
Information System
Dear Mr. Kern:
Statewi de
Sustainability Branch
Subject: Act 229, Session Laws of Hawaii 2023, Relating to Special Management
Areas, Chapter 205A, Hawaii Revised Statutes
Governor Josh Green signed HB 365 HD SD2, which took effect on July
6, 2023, as Act 229, Session Laws of Hawaii (SLH) 2023.
Act 229, SLH 2O23, amends Hawaii Coastal Zone Management(CZM)
law, Hawaii Revised Statutes (HRS) Chapter 205A, to expand exclusions to the
definition of"development'in HRS § 205A-22, to reduce the need for Special
Management Area (SMA)permits for certain activities within the SMAs.
With the enactment of Act 229, SLH 2O23, your county SMA Rules or
Ordinances shall be amended accordingly to comply with HRS Chapter 205A, as
amended. Prior to the adoption of amended rules or ordinances, the provisions of
HRS Chapter 205A, as amended, shall prevail.
A PDF copy of Act 229, SLH 2O23 may be accessed at:
https://www.capitol.hawaii.gov/sessions/session2023/bills/GM 1332_.PDF
If you have any questions about this letter, please contact Justine Nihipali,
CZM Planning Program Manager at(808) 587-2875 or by email at
justine.w.nihipali@hawaii.gov
Mr. Zendo Kern
July 10, 2023
Page 2
Sincerely,
Mary Alice Evans
Interim Director
Enclosure
Similar letters sent to:
1) Mr. Ka`aina S. Hull, Director, County of Kauai Planning Department
2) Ms. Kathleen Aoki, Director, County of Maui Planning Department
3) Ms. Dawn Takeuchi Apuna, Director
City and County of Honolulu, Department of Planning and Permitting
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GOV. MSG. NO. IVA
_..:t
E X E C U T I V E CHAMBERS
KE KE` ENA O KE KIA`AINA
JOSH GREEN,M.D.
GOVERNOR
KE KIAAINA
July 6, 2023
The Honorable Ronald D. Kouchi The Honorable Scott K. Saiki
President of the Senate, Speaker, and Members of the
and Members of the Senate House of Representatives
Thirty-Second State Legislature Thirty-Second State Legislature
State Capitol, Room 409 State Capitol, Room 431
Honolulu, Hawaii 96813 Honolulu, Hawaii 96813
Dear President Kouchi, Speaker Saiki, and Members of the Legislature:
This is to inform you that on July 6, 2023, the following bill was signed into law:
HB365 HD1 SD2 RELATING TO SPECIAL MANAGEMENT
AREAS.
ACT 229
Sincerely,
D.
Josh Green, M.D.
Governor, State of Hawaii
Approved by the Governor
on
J U L 6 2023 .CT 22 9
HOUSE OF REPRESENTATIVES 365
THIRTY-SECOND LEGISLATURE, 2023 H . B . NO . H.D. 1
STATE OF HAWAII S.D. 2
A BILL FOR AN ACT
RELATING TO SPECIAL MANAGEMENT AREAS .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that targeted amendments
2 to the definition of "development" as it relates to special
3 management areas will promote, not undercut, the environmental
4 controls and quality that special management area regulations
5 are intended to protect . Under existing law, the broad
6 definition of "development" coupled with rising labor and
7 materials costs can trigger a mandatory special management area
8 use permit review for improvements, facilities, and incidental
9 structures that may not warrant such intense scrutiny and the
10 associated costs and delays that go along with it .
11 The legislature further finds that exclusions from the
12 special management area definition of "development" are
13 desirable for activities such as the following:
14 (1) Installation, maintenance, repair, and replacement of
15 public pedestrian and bicycle facilities to reduce
16 reliance on vehicles;
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Page 2 365
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1 (2) Trash removal, invasive vegetation removal or control,
2 and fencing for invasive species control or
3 preservation of native habitats to improve the quality
4 of the environment;
5 (3) Installation, maintenance, repair, and replacement of
6 lighting, fixtures, and equipment to comply with
7 standards at public facilities, including health and
8 safety standards, to protect native seabird
9 populations and reduce light pollution; and
10 (4) Installation, maintenance, repair, and replacement of
11 security measures for existing public facilities.
12 The purpose of this Act is to expand exclusions to the
13 definition of "development" in chapter 205A, Hawaii Revised
14 Statutes, to reduce the need for special management area permits
15 for certain activities.
16 SECTION 2 . Section 205A-22, Hawaii Revised Statutes, is
17 amended by amending the definition of "development" to read as
18 follows :
19 " "Development" [Fteans]
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365
Page 3 H . B .
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1 (1) Means any of the uses, activities, or operations on
2 land or in or under water within a special management
3 area that are included below:
4 [+1}3 (A) Placement or erection of any solid material
5 or any gaseous, liquid, solid, or thermal waste;
6 [424-] (B) Grading, removing, dredging, mining, or
7 extraction of any materials;
8 [4-3+] (C) Change in the density or intensity of use of
9 land, including but not limited to the division
10 or subdivision of land;
11 [4-44-] (D) Change in the intensity of use of water,
12 ecology related thereto, or of access thereto;
13 and
14 (E) Construction, reconstruction, or alteration
15 of the size of any structure [—. ] ; and
16 ["Develepment" does] (2) Does not include the following:
17 [-{-1--)-] (A) Construction or reconstruction of a single-
18 family residence that is less than seven thousand
19 five hundred square feet of floor area [;] ; is not
20 situated on a shoreline parcel or a parcel that
21 is impacted by waves, storm surges, high tide, or
2023-2408 HB365 SD2 SMA.docx 3
365
Page 4 H . B . NO . H.D.H.D 1
S.D. 2
1 shoreline erosion [,,—] ; and is not part of a larger
2 development;
3 [mil-] (B) Repair or maintenance of roads and highways
4 within existing rights-of-way;
5 (C) Routine maintenance dredging of existing
6 streams, channels, and drainage ways;
7 [-(4}] (D) Repair and maintenance of underground
8 utility lines, including but not limited to
9 water, sewer, power, and telephone and minor
10 appurtenant structures such as pad mounted
11 transformers and sewer pump stations;
12 [4-5+] (E) Zoning variances, except for height,
13 density, parking, and shoreline setback;
14 [4-6}1 (F) Repair, maintenance, or interior alterations
15 to existing structures;
16 [4-7+] (G) Demolition or removal of structures, except
17 those structures located on any historic site as
18 designated in national or state registers;
19 [+&4-1 (H) Use of any land for the purpose of
20 cultivating, planting, growing, and harvesting
21 plants, crops, trees, and other agricultural,
2023-2408 HB365 SD2 SMA.docx 4
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Page 5 H . B .
NO
■ 365
H.D. 1
S.D. 2
1 horticultural, or forestry products or animal
2 husbandry, or aquaculture or mariculture of
3 plants or animals, or other agricultural
4 purposes [,] , including all traditional fishpond
5 and traditional agricultural practices;
6 (4-94-] (I) Transfer of title to land;
7 HIGH (J) Creation or termination of easements,
8 covenants, or other rights in structures or land;
9 H11) ] (K) Subdivision of land into lots greater than
10 twenty acres in size;
11 [ 0:2) ) (L) Subdivision of a parcel of land into four or
12 fewer parcels when no associated construction
13 activities are proposed; provided that any land
14 that is so subdivided shall not thereafter
15 qualify for this exception with respect. to any
16 subsequent subdivision of any of the resulting
17 parcels;
18 H13) ] (M) Installation of underground utility lines
19 and appurtenant aboveground fixtures less than
20 four feet in height along existing corridors;
I2023-II��IIIf2]]4`0��8 HB3l!II65 Sqq]]DI2� SMA.�Idlocx 5
365
Page H . B . NO .
H.D H.D. 1
S.D. 2
1 [ (3-4) ] (N) Structural and nonstructural improvements to
2 existing single-family residences, where
3 otherwise permissible;
4 [ (15) ] (0) Nonstructural improvements to existing
5 commercial or noncommercial structures; [a-nd]
6 [ 46-) ) (p) Construction, installation, maintenance,
7 repair, and replacement of emergency management
8 warning or signal devices and sirens;
9 (Q) Installation, maintenance, repair, and
10 replacement of public pedestrian and bicycle
11 facilities, including sidewalks, paths, bikeways,
12 crosswalks, stairs, ramps, traffic control
13 barriers, signs, signals, and associated
14 improvements;
15 (R) Trash removal or invasive vegetation removal or
16 control, including incidental ground disturbance,
17 excluding the use of herbicides;
18 (S) Installation of fencing, including associated
19 improvements and incidental structures, for
20 invasive species control or preservation of
21 native habitats on conservation land;
2023-2408 HB365 SD2 SMA.docx 6
Page 7 H . B . NO . .H D. 1
S.D. 2
1 (T) Installation, maintenance, repair, and
2 replacement of lighting, fixtures, and equipment
3 to establish compliance with current standards at
4 existing public facilities;
5 (U) Installation, maintenance, repair, and
6 replacement of security measures, including
7 fencing, to existing public facilities; and
8 (V) Hawaiian traditional and customary practices,
9 including work conducted by traditional means
10 near, in, or related to loko i`a, traditional
11 Hawaiian fishponds;
12 provided that whenever the authority finds that any
13 excluded use, activity, or operation may have a
14 cumulative impact, or a significant environmental or
15 ecological effect on a special management area, that
16 use, activity, or operation shall be defined as
17 "development" for the purpose of this part. "
18 SECTION 3 . This Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun before its effective date.
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Page 8 H . B . N .O . H
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1 SECTION 4 . Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 5 . This Act shall take effect upon its approval .
4
APPROVED this 6th day of July , 2023
�.,/--
GOVERNOR OF THE STATE OF HAWAII
2023-2408 HB365 SD2 SMA.docx 8
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HB No. 365, HD 1, SD 2
THE HOUSE OF REPRESENTATIVES OF THE STATE OF HAWAII
Date: April 27, 2023
Honolulu, Hawaii
We hereby certify that the above-referenced Bill on this day passed Final Reading in the
House of Representatives of the Thirty-Second Legislature of the State of Hawaii, Regular
Session of 2023.
mr*�
Scott K. Saiki
Speaker
House of Representatives
Brian L. Takeshita
Chief Clerk
House of Representatives
H.B. No. 365,H.D. 1, S.D. 2
THE SENATE OF THE STATE OF HAWAII
Date: April 6, 2023
Honolulu, Hawaii 96813
We hereby certify that the foregoing Bill this day passed Third Reading in the Senate
of the Thirty-Second Legislature of the State of Hawaii, Regular Session of 2023.
/vW/ �n
dent of the enate
Clerk of the Senate
1599