PART III.  SHORELINE SETBACKS

 

     §205A-41  Definitions.  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 Honolulu, or other appropriate agency as designated by the county councils.

     "Shoreline area" shall include all of the land area between the shoreline and the shoreline setback line and may include the area between mean sea level and the shoreline; provided that if the highest annual wash of the waves is fixed or significantly affected by a structure that has not received all permits and approvals required by law or if any part of any structure in violation of this part extends seaward of the shoreline, then the term "shoreline area" shall include the entire structure.

     "Shoreline setback line" means that line established in this part or by the county running inland from the shoreline at a horizontal plane.

     "Structure" includes, but is not limited to, any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment. [L 1986, c 258, pt of §1; am L 1989, c 356, §§2, 10; am L 1993, c 258, §5; am L 1995, c 11, §12 and c 69, §12; am L 2020, c 16, §7]