Planning Commission Rules, Rule 9

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RULE 9. SPECIAL MANAGEMENT AREA 9-1 Authority Pursuant to authority conferred by Chapter 205A,Hawaii Revised Statutes(HRS), the rule hereinafter contained is hereby established and shall apply to all lands within the Special Management Area of the County of Hawaii. 9-2 Purpose It is the State policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options,and to insure that adequate public access is provided to public-owned or used beaches,recreation areas, and natural reserves,by dedication or other means. 9-3 Title This rule shall be known as the "Special Management Area Rule of the County of Hawai`i." 9-4 Definitions For the purpose of this rule, unless it is plainly evident from the content that a different meaning is intended, certain words and phrases used herein are defined as follows: (a) "Artificial light"or"artificial lighting"means the light emanating from any fixed human-made device. (b) "Assessment"means an evaluation by the Department of a proposed use, activity,or operation to determine whether a Special Management Area Use Permit is required. (c) "Authority"means the county planning commission. The authority may, as appropriate, delegate the responsibility for administering this rule, as stated in this rule. (d) "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 ecosystems, and as a natural buffer against coastal hazards. 9-1