The Hawaii County Planning Department is holding a public hearing Thursday for the proposed amendment of Rule 11 which sets shoreline setback parameters.
The most significant change in the proposed rule change is increasing the shoreline setback from 20 to 40 feet from the high water mark.
The change is a result of Hawaii State Legislature’s passing of Act 16 in 2020 to strengthen coastal zone management policy to protect state beaches and to reduce residential exposure to coastal hazards.
Act 16 resulted in substantive changes to the State’s Coastal Zone Management Law to be enacted by the planning department of each county.
Based on the changes Planning Director Zendo Kern initiated amendments to Planning Department Rule 11 regarding the shoreline setback in order to conform with Act 16. The proposed major amendments to Rule 11 in addition to increasing the minimum shoreline setback, seeks to add sea level rise to the definition of coastal hazards, add a definition of beach to enhance beach protection and require a shoreline setback variance to rebuild or replace legally built structures in the shoreline area.
The amendments are intended to promote shifting new development inland, away from exposure to coastal hazards and shoreline erosion.
The Rules of Practice and Procedure for the rule state the purpose of enacting the changes stem from a growing population and expanding development that 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,” the rule explains.
It also notes 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 Windward and Leeward Planning Commission, meeting jointly, recently adopted amendments to Planning Commission Rule 8 (Shoreline Setback Variance) and Planning Commission Rule 9 (Special Management Area) in order to enact Act 16 and I am completing our rules by initiating amendments to the Planning Department Rule 11 as a housekeeping measure in order to align the Planning Department Rules of Practice and Procedure with current State law related to the special management area and shoreline setbacks. I am looking forward to having continuity between State law, Planning Commission Rules &Planning Department Rules to better serve our community,” said Kern.
The purpose of the 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.
Certain setback variances will be considered by the Planning Department however a minor structure or activity proposed in the shoreline setback area shall not need a shoreline setback variance if the Planning Department determines that it would not affect beach processes or artificially fix the shoreline and would not interfere with public access or public views to and along the shoreline.
Violators of the rule will receive a Notice of Violation and Order and may also require that the violative activity cease and desist and a civil fine be paid not to exceed $10,000 per violation. A civil fine not to exceed $1,000 per day for each day in which the violation persists may also be issued.
A copy of the proposed rule amendment can be found at planning.hawaiicounty.gov/resources/resources-references
The public hearing is set for 2 p.m. Thursday, Dec. 14 at the West Hawaii Civic Center Planning Department Kona Conference Room.
Comments will be accepted orally at the hearing. Comments may also be submitted to the Planning Department by email at planning@hawaiicounty.gov or via zoom.
For questions about the proposed amendments to Rule 11, contact Tracie-Lee Camero at 808-961-8166.
