Planning Commission Rules, Rule 8

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RULE 8. SHORELINE SETBACK VARIANCE 8-1 Authority Pursuant to authority conferred upon the Commission by Chapter 205A, Hawaii Revised Statutes (HRS), as amended, the rules hereinafter contained are hereby established and shall apply to all lands within the shoreline setback area. 8-2 Purpose The growing population and expanding development have brought about numerous cases of encroachment of structures upon the shoreline and within the nearby shoreline areas. Many of these structures have disturbed the natural shoreline processes and caused erosion of the shoreline. Concrete masses along the shoreline are contrary to the policy for the preservation of the natural shoreline and the open space.Unrestricted removal of sand,coral,rocks,etc.,for commercial uses can only deteriorate the shoreline and remove it from public use and enjoyment. Moreover, the Hawaiian Islands are subject to tsunamis and high waves which endanger residential dwellings and other structures which are built too close to the shoreline. For these reasons, it is in the public interest to establish shoreline setbacks and to regulate the use and activities within the shoreline setbacks. The purpose of this rule is to establish authority, criteria and procedures for the review of all activities or structures proposed within the shoreline setback area which requires a Shoreline Setback Variance in accordance with the requirements of this rule and Chapter 205A Part III, HRS. 8-3 Definitions For the purpose of these rules, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used herein are defined as follows: (a) "Activity" means any landscaping, excavating, grubbing, grading, filling or stockpiling of earth materials, including sand, coral, coral rubble, rocks, soil, or marine deposits. (b) "Authority"means the county planning commission. The authority may, as appropriate, delegate the responsibility for administering this rule, as stated in this rule. (c) "Beach"means a coastal landform primarily composed of sand from eroded rock,coral,or shell material,or any combination thereof,that is established and shaped by wave action and tidal processes. "Beach" includes sand deposits in nearshore submerged areas, or sand dunes or upland beach deposits landward of the shoreline, that provide benefits for public use and recreation, for coastal 8-1