Hawaii · statute · Haw. Rev. Stat. ch. 205A · 34 active provisions
As used in this chapter, unless the context otherwise requires: "Agency" means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II. "Artificial light" or "artificial lighting" means the light emanating from any fixed human-m…
(a) The objectives and policies in this section shall apply to all parts of this chapter. (b) Objectives. (1) Recreational resources; (A) Provide coastal recreational opportunities accessible to the public. (2) Historic resources; (A) Protect, preserve, and, where desirable, restore those natural and manmade historic a…
The lead agency shall: (1) Receive, disburse, use, expend, and account for all funds that are made available by the United States and the State for the coastal zone management program; (2) Provide support and assistance in the administration of the coastal zone management program; (3) Review federal programs, federal p…
. (a) There is established within the lead agency a public advisory body that shall provide support to the lead agency as set forth in subsection (f). (b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the director of the lead agency for staggered terms of not more…
(a) In implementing the objectives of the coastal zone management program, the agencies shall give full consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space values, and coastal hazards, as well as to needs for economic development. (b) The objectives and policies of this chapt…
(a) All agencies shall ensure that their rules comply with the objectives and policies of this chapter and any guidelines enacted by the legislature. (b) All agencies shall enforce the objectives and policies of this chapter and any rules adopted pursuant to this chapter.
(a) Subject to chapters 661 and 662, any person or agency may commence a civil action alleging that any agency: (1) Is not in compliance with one or more of the objectives, policies, and guidelines provided or authorized by this chapter within the special management area and the waters from the shoreline to the seaward…
The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, an…
As used in this part, unless the context otherwise requires: "Applicant" means any individual, organization, partnership, or corporation, including any utility and any agency of government. "Department" means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permittin…
(a) The special management area in each county shall be as shown on such maps filed with the authority as of June 8, 1977. (b) On or before December 31, 1979, the authority shall review and pursuant to chapter 91, amend as necessary its special management area boundaries, to further the objectives and policies of this…
In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area: (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A) Adequate access, by de…
The authority is designated the special management area authority and is authorized to carry out the objectives, policies and procedures of this part.
No development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part.
(a) The authority in each county, upon consultation with the central coordinating agency, shall adopt rules under chapter 91 setting the special management area use permit application procedures, conditions under which hearings must be held, and the time periods within which the hearing and action for special managemen…
(a) Subject to terms and conditions under section 205A-26, the director of a county planning department may issue a special management area use permit to an applicant to redevelop permanent affordable multi-family rental housing that has been substantially destroyed as a result of a disaster from a wildfire, hurricane,…
Each county authority shall provide specific procedures consistent with this part for the issuance of special management area emergency permits or special management area minor permits, pursuant to the procedural requirements within this part, and judicial review from the grant and denial thereof. The lead agency shall…
(a) No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes when the light: (1) Directly illuminates the shoreline and ocean waters; or (2) Is directed to…
. (a) Any person who violates any provision of part II or part III shall be liable as follows: (1) For a civil fine not to exceed $100,000; or (2) For the cost of returning the affected environment or ecology within the coastal management area to the condition existing before the violation. (b) In addition to any other…
Any person or agency violating any provision of this chapter may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the authority or the lead agency.
As used in this part, unless the context otherwise requires: "Board approval" means approval by the board of land and natural resources pursuant to chapter 183C. "Department" means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of…
(a) The board of land and natural resources shall adopt rules pursuant to chapter 91 prescribing procedures for determining a shoreline and appeals of shoreline determinations that are consistent with subsection (b); provided that no determination of a shoreline shall be valid for a period longer than twelve months, ex…
(a) Setbacks along shorelines are established of not less than forty feet inland from the shoreline. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto. (b) The powers and duties of the department shall include, but not be limited to: (1) The d…
(a) Prior to action on a variance application, the authority shall hold a public hearing under chapter 91. By adoption of rules under chapter 91, the authority may delegate responsibility to the department. Public and private notice, including reasonable notice to abutting property owners and persons who have requested…
(a) The department or an agency designated by department rules shall enforce this part and rules adopted pursuant to this part. Any structure or activity prohibited by section 205A-44, that has not received a variance pursuant to this part or complied with conditions on a variance, shall be removed or corrected. No oth…
(a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions: (1) The inadvertent taking from the shoreline area of the materials, such as those inadvertently carried away on the body, and on clothes, toy…