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2025-10-22 Appellants Exhibit 18_Rule 9-SMA
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2025-10-22 Appellants Exhibit 18_Rule 9-SMA
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RULE 9. SPECIAL MANAGEMENT AREA <br /> 9-1 Authority <br /> Pursuant to authority conferred by Chapter 205A,Hawaii Revised Statutes(HRS), <br /> the rule hereinafter contained is hereby established and shall apply to all lands <br /> within the Special Management Area of the County of Hawaii. <br /> 9-2 Purpose <br /> It is the State policy to preserve,protect, and where possible,to restore the natural <br /> resources of the coastal zone of Hawai`i. Therefore, special controls on <br /> development within the area along the shoreline are necessary to avoid permanent <br /> loss of valuable resources and the foreclosure of management options,and to insure <br /> that adequate public access is provided to public-owned or used beaches,recreation <br /> areas, and natural reserves,by dedication or other means. <br /> 9-3 Title <br /> This rule shall be known as the"Special Management Area Rule of the County of <br /> Hawai`i." <br /> 9-4 Definitions <br /> For the purpose of this rule, unless it is plainly evident from the content that a <br /> different meaning is intended, certain words and phrases used herein are defined as <br /> follows: <br /> (a) "Artificial light"or"artificial lighting"means the light emanating from any <br /> fixed human-made device. <br /> (b) "Assessment"means an evaluation by the Department of a proposed use, <br /> activity,or operation to determine whether a Special Management Area Use <br /> Permit is required. <br /> (c) "Authority"means the county planning commission.The authority may, as <br /> appropriate,delegate the responsibility for administering this rule,as stated <br /> in this rule. <br /> (d) "Beach"means a coastal landform primarily composed of sand from eroded <br /> rock,coral,or shell material,or any combination thereof,that is established <br /> and shaped by wave action and tidal processes. "Beach"includes sand <br /> deposits in nearshore submerged areas,or sand dunes or upland beach <br /> deposits landward of the shoreline,that provide benefits for public use and <br /> recreation, for coastal ecosystems, and as a natural buffer against coastal <br /> hazards. <br /> .-; 9-1 <br /> APPELLANT EXHIBIT- 1pg. 1 <br /> of <br />
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