PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9

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BRPDlnitiatedSMARule9.doc-9/8/2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DIRECTOR AMENDMENTS TO PLANNING COMMISSION RULE 9 (SMA) The Planning Director is initiating amendments to Planning Commission (Commission) Rule 8 regarding the Shoreline Setback and Planning Commission Rule 9 regarding the Special Management Area(SMA)to conform with Act 16, which amended Chapter 205A, Hawaii Revised Statutes (HRS)regarding the Special Management Area and Shoreline Setbacks. On September 15, 2020, the Hawaii State Legislature enacted Act 16 in order to strengthen coastal zone management policy to protect state beaches and to reduce residential exposure to coastal hazards. The proposed major amendments to Commission Rule 8 and 9 seek to add sea level rise to the definition of coastal hazards, adds a definition of beach to enhance beach protection, restricts construction of shoreline hardening structures at sites with beaches, increases the minimum shoreline setback from 20 feet to 40 feet and includes the construction of a single family residence on a shoreline parcel as "development". In addition to the amendments to Commission Rule 8 and 9, the Planning Director is amending Planning Department(Department) Rule 11 regarding the Shoreline Setback to conform to Act 16. Since Chapter 205A-43, HRS provides the authority for establishing the shoreline setback line and enforcing shoreline setbacks to the Department, rather than the Commission, the changes to Department Rule 11 do not require approval by the Commission. The draft rule amendments are being provided to the Commission for their information and feedback prior to the rule being adopted by the Planning Director. PLANNING DEPARTMENT EXHIBITS: • Planning Department Exhibit 1-Act 16 • Planning Department Exhibit 2-Draft Amendments to Commission Rule 8 • Planning Department Exhibit 3-Draft Amendments to Commission Rule 9 • Planning Department Exhibit 4-Draft Amendments to Department Rule 11 -1-