Report Title:

Shoreline Setback

 

Description:

Sets shoreline setback at 40 feet, allows county to determine distance based on the annual erosion rate of the area, allows for a greater distance for the setback to be established.

THE SENATE

S.B. NO.

2543

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the environment.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that since 1928, nearly twenty-five per cent of Oahu's fifteen miles of beaches have disappeared, and this beach loss has intensified in recent years largely due to poorly placed shoreline structures. Similar beach loss has occurred on Maui, and to a lesser extent on Kauai. Because land seaward of the upper reaches of the wash of the waves including the beach is a public trust resource, the State, as trustee is obligated to restrain those activities that damage the resource.

The legislature further finds that coastal property owners bear tremendous risks. Their property is vulnerable to tsunamis, storm surges, floods, high wave impacts, and hurricanes. In addition, owners along the shoreline bear the risk that their property may erode. Homeowners should be able to build houses without worrying that sea level rise will flood their houses within the next fifty years.

The purpose of this Act is to prevent construction of structures too close to the shoreline, thereby preventing the need for coastal armoring, coastal erosion, and visual blight.

SECTION 2. Section 205A-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Setbacks along shorelines are established of not less than twenty feet and not more than at forty feet inland from the shoreline [.], or the setback line determined by the county, or a distance from the shoreline calculated by the annual erosion rate of the area multiplied by fifty, based on historic aerial photographs, whichever is greater. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on April 1, 2003.

INTRODUCED BY:

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