PART I. COASTAL ZONE MANAGEMENT

 

Note

 

Former Part I, Long Range Goals, 205A-1 to 205A-3, repealed by L 1977, c 188, 2.

 

205A-1 Definitions. 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-made device.

"Authority" means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. The authority may, as appropriate, delegate the responsibility for administering this chapter.

"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.

"Coastal hazards" means any tsunami, hurricane, wind, wave, storm surges, high tide, flooding, erosion, sea level rise, subsidence, or point and nonpoint source pollution.

"Coastal zone management area" means all lands of the State and the area extending seaward from the shoreline to the limit of the State's police power and management authority, including the United States territorial sea.

"Coastal zone management program" means the comprehensive statement in words, maps, or other permanent media of communication, prepared, approved for submission, and amended by the State and approved by the United States government pursuant to Public Law No. 92-583, as amended, and the federal regulations adopted pursuant thereto, which describes objectives, policies, laws, standards, and procedures to guide and regulate public and private uses in the coastal zone management area, provided however the "coastal zone management program" is consistent with the intent, purpose, and provisions of this chapter.

"Directly illuminate" means to illuminate through the use of a glowing element, lamp, globe, or reflector of an artificial light source.

"Land" means the earth, water, and air above, below, or on the surface.

"Lead agency" means the office of planning.

"Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State.

"Person" means an individual, corporation, or partnership, and an organization or association, whether or not incorporated.

"Public advisory body" means the advisory body established in section 205A-3.5.

"Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. [L 1977, c 188, pt of 3; am L 1979, c 200, 1; am L 1983, c 124, 7; am L 1986, c 258, 2; am L 1987, c 336, 7; am L 1988, c 352, 4; am L 1989, c 356, 4; am L 1990, c 126, 7; am L 1993, c 91, 2; am L 1995, c 104, 4; am L 1996, c 299, 3; am L 2001, c 169, 2; am L 2005, c 224, 3; am L 2020, c 16, 2]

 

Law Journals and Reviews

 

More than a Line in the Sand: Defining the Shoreline in Hawai`i After Diamond v. State. 29 UH L. Rev. 521 (2007).

The Life of the Law is Perpetuated in Righteousness: The Jurisprudence of William S. Richardson. 33 UH L. Rev. 99 (2010).

 

Case Notes

 

In the definition of "shoreline", the "upper reaches of the wash of the waves" is the highest reach of the highest wash of the waves in non-storm or tidal conditions, "usually evidenced by the edge of vegetation growth"; merely because artificially planted vegetation survives more than one year does not deem it "naturally rooted and growing" such that it can be used to determine the shoreline. 112 H. 161, 145 P.3d 704 (2006).

 

 

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