Planning Department Rules, Rule 11

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PLANNING DEPARTMENT COUNTY OF HAWAI`I RULES OF PRACTICE AND PROCEDURE RULE 11. SHORELINE SETBACK 11-1 Authority Pursuant to the authority conferred upon the Planning Department by §205A Part II1, Hawai'i Revised Statutes (HRS),the rules hereinafter contained are established and shall apply to lands within the shoreline setback area. 11-2 Purpose The growing population and expanding development have brought about numerous cases of encroachment of strictures 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 establishment and enforcement of the shoreline setback line and shoreline setback area and for the review of all activities or structures proposed within the shoreline setback area in accordance with the requirements of this rule and Chapter 205A- Part 111, HRS. 11-3 Definitions (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) "Beach"means a coastal Iandfortn 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. (c) "Buildable area" means the area of a lot excluding the shoreline setback, required yards, and flag stems (poles). Planning;Department Rules of Practice cue Procedure 11-1