HomeMy WebLinkAboutCumulative Impacts NotesCumulative Impacts and the Special Management Area
County of Hawaii Planning Department (2024)
PC Rule 9:
9-4(e)(4):
Whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact,
or a significant adverse environmental or ecological effect of the Special Management Area, that use,
activity, or operation shall be defined as “development” for the purpose of this rule.
9-4(q):
Special Management Area Minor Permit means an action by the Director authorizing development, the
valuation of which is not in excess of $500,000 and which has no cumulative impact, or a substantial
adverse environmental or ecological effect on the Special Management Area.
9-4(r):
Special Management Area Use Permit means an action by the Commission authorizing development, the
valuation of which exceeds $500,000 or which may have a cumulative impact, or a substantial adverse
environmental or ecological effect on the Special Management Area.
9-10(a):
The Department shall assess all uses, activities or operations proposed in the Special Management Area
except in cases in which the applicant determines that the proposed use, activity or operation will: a)
exceed $500,000 in valuation; or b) have a cumulative impact, or a significant adverse environmental or
ecological effect on the Special Management Area. In this case, the assessment procedures may be
waived, and the applicant shall petition the Commission for a Special Management Area Use Permit
pursuant to Section 9-11.
9-10(e):
Where it is found that the proposed use, activity or operation is not in excess of $500,000 in valuation;
and will not have a cumulative impact, or a substantial adverse effect on the Special Management Area,
and after review by the Public Works Director for compliance with Chapter 27, Flood Control – the Director
shall issue a SMA Minor Permit.
9-10(f):
The Director shall declare that a Special Management Area Use Permit is required if it is found that the
proposed use, activity or operation has a valuation in excess of $500,000 or may have a substantial
adverse effect on the Special Management Area.
9-10(g):
The Director shall declare the proposed use, activity or operation exempt from the definition of
development if it is found that the proposal falls in any category under Section 9-4(e)(2), and does not
have a cumulative impact, or a substantial adverse environmental or ecological effect on the Special
Management Area. The Director may impose certain conditions with the exemption determination to
assure that the proposed use, activity, or operation does not have a substantial adverse effect on the
Special Management Area.
9-10(h):
Criteria of Substantial Adverse Effect
In considering the significance of potential environmental effects, the Director shall consider the sum of
those effects that adversely affect the quality of the environment and shall evaluate the overall and
cumulative effects of the action.
A ‘substantial adverse effect’ is determined by the specific circumstances of the proposed use, activity or
operation. In determining whether a proposal may have a substantial adverse effect on the environment,
the Director shall consider every phase of a proposed action and expected consequences, either primary
or secondary, or the cumulative as well as the short or long-term effect of the proposal. The Director
should bear in mind that in most instances, the following factors of a proposal, although not limited to
same, may constitute a substantial adverse effect on the environment when the proposed use, activity
or operation:
(1) involves an irrevocable commitment to loss or destruction of any natural or cultural resource,
including but not limited to, historic sites and view planes outlined in the General Plan or other
adopted plans;
(2) curtails the range of beneficial uses of the environment;
(3) conflicts with the long-term environmental policies or goals of the General Plan or the State
Plan;
(4) substantially affects the economic or social welfare and activities of the community, County or
State;
(5) involves substantial secondary impacts, such as population changes and effects on public
facilities;
(6) in itself has no substantial adverse effect but cumulatively has considerable adverse effect upon
the environment or involves a commitment for larger actions;
(7) substantially affects a rare, threatened, or endangered species of animal or plant, or its habitat;
(8) detrimentally affects air or water quality or ambient noise levels;
(9) affects an environmentally sensitive area, such as flood plain, tsunami zone, erosion-prone area,
geologically hazardous land, estuary, fresh water or coastal water; or
(10) is contrary to the objectives and policies of the Coastal Zone Management Program and the
Special Management Area Guidelines of Chapter 205A, HRS.
PC RULE 8
8-3(d)
"Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at
high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced
by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves, which has
been certified by the Board of Land and Natural Resources in accordance with its rules.*
*[OCCL, 13-5; “…. or as otherwise defined in section 205A-1, HRS”]
8-11(c) “No variance shall be granted unless appropriate conditions are imposed as applicable:”
(3) To minimize risk of adverse impacts on beach processes;
(5) To minimize adverse impacts on public views to, from, and along the shoreline.
Evaluate potential cumulative impacts of variance on environment?
Amend variance based on observed substantial adverse impacts?
PD RULE 11
11-3(i) "Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves,
at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced
by the edge of vegetation growth, or the upper limit of debris left by the vegetation growth, or the upper
limit of debris left by the wash of the waves, which has been certified by the Board of Land and Natural
Resources in accordance with its rules.
11-4(c) The Planning Department may waive the certification requirement in cases where there may be
special or unusual physical circumstances or conditions of the land or where a structure or activity is
proposed at a considerable distance inland. Setback lines shall be conservatively, but reasonably
established. The Planning Department may require a survey map of the subject area depicting physical
and geographical conditions to assist in making a determination.
11-6(a) The mining or taking of sand, dead coral or coral rubble, rocks, soil or other beach or marine
deposits from the shoreline setback area, in excess of one gallon per person per day;
11-8(a) A minor structure or activity proposed in the shoreline setback area shall not need a shoreline
setback variance if the Planning Department determines that it would not affect beach processes or
artificially fix the shoreline and would not interfere with public access or public views to and along the
shoreline. [and will not cause cumulative impacts or have a substantial adverse impact on shoreline
resources]
Cumulative Impact Definitions:
US EPA:
(1) whether the resource is especially vulnerable to incremental effects;
(2) whether the proposed action is one of several similar actions in the same geographic area;
(3) whether other activities in the area have similar effects on the resource;
(4) whether these effects have been historically significant for this resource; and
(5) whether other analyses in the area have identified a cumulative effects concern.
§ 1508.7 Cumulative impact
Cumulative impact is the impact on the environment which results from the incremental impact of the
action when added to other past, present, and reasonably foreseeable future actions regardless of what
agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result
from individually minor but collectively significant actions taking place over a period of time.
Can the County institute a requirement for coastal development to include a “Cumulative Impact Analysis”
if the County can define and/or set parameters on how to determine if “Cumulative Impacts” will effect
the environment?
1. Proposed Project Impacts – Describe
2. Previous Impacts to resource, or within geographic area – Describe
3. Other current impacts to resources, or within geographic area
4. Potential future actions and their impacts to the resource or within geographic area.
Define:
Geographic area
Cumulative Impact Analysis