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HomeMy WebLinkAbout2024CZM-SMA-HawaiiCounty-LeeWardPCHAWAII COASTAL ZONE MANAGEMENT AND SPECIAL MANAGEMENT AREA PERMITTING STATE OFFICE OF HAWAII COASTAL ZONE MANAGEMENT PROGRAM OCTOBER 17, 2024 SHICHAO LISENIOR PLANNER BEFORECOUNTY OF HAWAII LEEWARD PLANNING COMMISSION DEBRA MENDES ACTING PROGRAM MANAGER 1969 1973 1977 1978 STRATTON COMMISSION REPORT ACT 164 ACT 188 PROGRAM APPROVED Mandated development of a statewide CZM program Enacted a statewide CZM program U.S. Department of Commerce approves Hawai`i CZM Program State Federal 1972 NATIONAL CZM ACT "Our Nation and the Sea": Called for state coastal zone authorities Enacted by U.S. Congress to preserve, protect, develop, and where possible, to restore or enhance the resources of the coastal zone; to achieve wise use of the land and water resources of the coastal zone. CZM Act is not an Environmental Law: balance between beneficial use of coasts and enhancement of coastal environments and resources. Two major incentives 1) federal funding towards a partnership with the states; 2) administration of the federal consistency review program. The CZM Program is a voluntary federal-state partnership program, and the state is in the best position to manage the coastal zone. Coastal Zone Management (CZM) Act: Federal and State Timeline 1975 ACT 176 Environmental Shoreline Protection Act CZM Program Participation – Voluntary Federal-State Partnership All 35 coastal and Great lakes States, and territories, with the exception of Alaska, participate in the National CZM Program. Hawaii CZM Program What is Hawaii CZM? To “provide for the effective management, beneficial use, protection, and development of the coastal zone.” See L. 1977, c 188, § 1. CZM Law - Hawaii Revised Statutes Chapter 205A Part I - Coastal Zone Management Objectives & Policies Federal Consistency Marine and Coastal Zone Advocacy Council Part II - Special Management Areas Part III - Shoreline Setbacks Part IV - Marine and Coastal Affairs Part V - Other Provisions Hawaii CZM Program Components Regulatory Responsibilities Federal Consistency Special Management Area (SMA) Permitting Shoreline Setbacks Program Initiatives Hawaii Ocean Resources Management Plan Coastal Hazards Coastal Non-Point Pollution Control Program Marine and Coastal Zone Advocacy Council 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 1)Federal agency activities 2)Federal permits, i.e. U.S. Army Corps of Engineers Permit 3)Federal financial assistance Direct Federal Funds to the Hawaii CZM Program Receives $2 million in federal funds annually Supports the Hawaii CZM Program Funds county administration of the SMA permit system Federal funds support 4 to 6 positions in Each of Neighbor Island Planning Departments Part I - CZM Program Objectives and Policies (HRS § 205A-2) Recreational Resources Coastal Hazards Historic Resources Managing Development Scenic and Open Space Resources Public Participation Coastal Ecosystems Beach and Coastal Dune Protection Economic Uses Marine Resources Hawaii CZM Law’s Provisions Hawaii CZM Program – Network CZM Program Network – Regulatory Authorities Implementation of the CZM objectives and policies (HRS §§205A-4 and 205A-5) Enforceable policies applied to federal consistency review Hawaii CZM Program Ch.205A Rules Statutes RulesOrdinances Statutes Ordinances Actions OPSD as the CZM Lead Agency OFFICE OF PLANNING & SUSTAINABLE DEVELOPMENT (OPSD) Planning Division Coastal Zone Management Program Environmental Review Program Geographic Information Systems Special Plans Branch Statewide Sustainability Branch Land Use Division TOD Program OPSD - Hawaii CZM Program Lead Agency OPSD - Lead Agency of the Hawaii CZM Program §205A-3 Lead agency, including the following roles: Receive, disburse, use, expend, and account for all funds that are made available by the United States and the State for the coastal zone management program; Provide support and assistance in the administration of the coastal zone management program; Review federal programs, federal permits, federal licenses, and federal development proposals for consistency with the coastal zone management program; Conduct a continuing review of the administration of the coastal zone management program and of the compliance of state and county agencies with the objectives and policies of this chapter; Advocate agency compliance with chapter 205A; Monitor the coastal zone management-related enforcement activities of the state and county agencies responsible for the administration of the objectives and policies of this chapter; Coordinate the implementation of the ocean resources management plan. Marine and Coastal Zone Advocacy Council (MACZAC) HRS § 205A-3.5 a public advisory body to assist the lead agency in working toward the implementation of an integrated and comprehensive management system for marine and coastal zone resources, consistent with the Hawaii CZM objectives and policies. MACZAC, founded in 2001, is comprised of 12 advisory members recruited from the islands of Kauaʻi, Oʻahu, Maui,Molokaʻi, Lānaʻi, and Hawaiʻi. East Hawai’i Island Representative West Hawai‘i Island Representative Hawaii CZM Program – Network CZM Area - All lands of the State and “the area extending seaward from the shoreline to the limit of the State’s police power and management authority” – State Marine Waters (Act 126, SLH 1990) Part II. Special Management Areas (SMA) SMA – land extending inland from the shoreline or any area subject to salinity intrusion or tidal influence Designated Special Management Areas (SMA) Maui Oahu Hawaii Molokai Lanai Niihau Kauai Environmental Shoreline Protection Act – SMA Permit Purpose of SMA Permitting The SMA permit was established with the enactment of Act 176, SLH 1975, which was called the Environmental Shoreline Protection Act It is necessary to have special controls on developments within an area along the shoreline to avoid permanent losses of valuable resources and the foreclosure of management options; and ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves, is provided. SMA Permit – First Permit for Development The First Permit for a Development within the SMA Does not establish land use policies for developments Regulates permissible land uses that are 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) Authorities for SMA permitting 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: City Council State and County Land Use Policies State Land Use Districts; Conservation Subzones; County General Plans and Development Plans, County Zoning SMA PERMITTING PROCESS OVERVIEW Consultation with the County Planning Department for Application Requirements Application Assessment & Determination Completed Application? SMA Exempt? Document Exemption by the Director SMA Minor Permit Issued or Denied by the Director SMA Minor Permit? Yes No Yes No SMA Major Permit Required Applicant Proposal Additional Information Required? Refer for Agency Review Provide Additional Information Public Notice Public Hearing Staff Evaluation & Report Public Testimony Deliberation Planning Director’s Recommendation Final Decision by the County Authority No Yes No Yes Short Form Assessment Source: Special Management Area (SMA) Permit System Project - Final Assessment Report, 2005 SMA Permitting Procedure Roof Repairs Single-Family Residence (upon its location and size) Development vs. Not Development (HRS § 205A-22) Key Factor -- adverse environmental or ecological effect, taking into account cumulative impacts Cost threshold -- $500,000 SMA Use Permit vs. SMA Minor Permit CZM Criteria Spatial Scope - up to SMA inland boundary Temporal Scope Incremental Impacts - added by the proposed action Past Actions - minimum 5 years past Present Actions Future Actions – minimum 5 years forward or up to operational life of the proposed project 1 Coastal recreational resources 2 Historic resources 3 Scenic and open space 4 Coastal ecosystems 5 Economic uses 6 Coastal hazards 7 Beach and dune protection 8 Marine resources 9 Bay/estuary/salt marsh/river mouth, slough or lagoon 10 Fishing grounds, wildlife habitats, or agricultural uses of land Cumulative Impact – Incremental impact of the proposed action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes other actions (HAR Ch.11-200.1 ) Cumulative Impacts in SMA Assessment HRS § 205A-26 SMA Guidelines Hawaii CZM Law’s Provisions Questionable SMA Permit Conditions Example 1 In accordance with Section XYZ of the County Plan, the proposed activity shall incorporate crime prevention elements in the design and building of structures, landscaping and lighting. Example 2 According to Section XYZ of the Zoning Code, the proposed activity shall incorporate acceptable energy conservation measures 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 traffic disruptions. 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 Enforcement of SMA Permit and Shoreline Setbacks Up to $100,000 Up to $10,000 each day Part III. Shoreline Setbacks – Land Use Law to CZM Law HRS Ch. 205 Land Use Commission Act 136, SLH 1970 HRS Ch. 205A Coastal Zone Management Act 258, SLH 1986 To be in a more effective manner consistent with its intent and purposes, the provision of shoreline setbacks, which was originally set forth by Act 136, SLH 1970 under State Land Use Law HRS Chapter 205, was transferred to Part III of HRS Ch205A by Act 258, SLH 1986. Shoreline Setbacks – Land Use Law to CZM Law Shoreline New Structures Shoreline Setback Existing Structures Accommodation Protection Retreat Amendments to HRS Chapter 205A Act 16, SLH 2020 Relating to CZM Amends the list of “development” and “not development”, specifically for single-family residence 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 public or prohibits private shoreline hardening structures at sites with sand beaches Effective September 15, 2020 No More Shoreline Hardening in front of Beach Areas Pursuant to Act 16, SLH 2020, shoreline hardening structures in areas with sand 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 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. Amendments to HRS Chapter 205A Act 229, SLH 2023 Relating to SMAs Expands exclusions from “Development” to exempt SMA permits for the following activities: a)public pedestrian and bicycle facilities b)trash or invasive vegetation removal c)fencing for native habitats on conservation land d)fencing to existing public facilities e)replacement of lighting for existing public facilities f)Hawaiian traditional and customary practices Effective July 6, 2023 Part IV Marine and Coastal Affairs – Lead Agency Three perspectives Connecting Land and Sea Preserving our Ocean Heritage Promoting Collaboration and Stewardship Hawaii Ocean Resources Management Plan (ORMP) 2020 ORMP Initiatives/Projects & County Partners Focus Area#1 Coastal Hazards and Development •Adaptation Strategies Menu, completed July 2023 •Managed Retreat Legal & Policy with funding and financing mechanisms, completed by 12/31/2024 •Strengthening resilience for DHHL properties through incorporation of CZM, ongoing •Regional Shoreline Management Initiative, Phase I completed 2/2023; Phase II Agency outreach and consultation, completed by 12/31/2024 •Act 178, SLH 2021 – Sea Level Rise Adaptation for State facilities, Ongoing Focus Area#2 Reduction of land-based pollution •LID Guidance 2006 – Update in progress, completed May 2024 •Cesspool Prioritization Tool to include Molokai, ongoing •Leveraging resources w/DOH to increase community capacity & implement identified needs Focus Area#3 Marine Ecosystems •Hawaiian Estuaries Viewer •Developing community monitoring protocol partnerships with DLNR-DAR Putting Planning to Work: Coastal Zone Management Implementation Integrated Shoreline Management Strategy Questions? http://planning.hawaii.gov/czm State of Hawaii Office of Planning P.O. Box 2359 Honolulu, Hawaii 96804 (808) 587-2846