Report Title:

Shoreline Certification

Description:

Changes the present shoreline certification process by clarifying the definition of "shoreline", requires a state shoreline locator to locate shorelines, provides for timely public notice in the certification process, appropriates funds for a videographic study of the upper reaches of the wash of high seasonal surf, creates a technical shoreline specialist position, and requires development of guidelines to be used by the shoreline locator and private surveyors.

HOUSE OF REPRESENTATIVES

H.B. NO.

2958

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to shoreline certification.

 

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

SECTION 1. The legislature finds that a shoreline working group was created to voice concerns about the shoreline. It found that the problems of improper shoreline certifications and consequent beach loss spanned all islands. The shoreline working group came up with a set of legislative recommendations, presented in this Act, to better combat the problem.

Many shorelines have been incorrectly certified, and as a result, are too close to the ocean. This has resulted in the de facto loss of public trust lands and damage to private property when owners are allowed to build too close to the ocean.

Part of the problem is that the current definition of "shoreline," which uses the vegetation line as a basis for determination, does not take into account the fact that the upper reaches of high seasonal surf often extend landwards of the vegetation line. Also, the locating and mapping of shorelines are being done by private land surveyors hired by the property owner, which presents an inherent conflict of interest and lack of knowledge of coastal morphology. To accurately determine a realistic and safe shoreline, qualified cartographers and locators must be used, and a series of videographic studies must begin to be funded to monitor high seasonal surf.

The purpose of this Act is to increase the accuracy of determining shorelines for shoreline certification and setback purposes by:

(1) Changing the definition of "shoreline";

(2) Specifying qualifications for the state shoreline locators;

(3) Requiring public notice of shoreline certifications and when a shoreline locator goes on site;

(4) Requiring photographic and mapped data be accepted by the state shoreline locator;

(5) Providing funding for a videographic study of the upper reaches of high seasonal surf around the State;

(6) Creating a "technical shoreline specialist" position; and

(7) Developing guidelines for identifying the shoreline to be implemented by the shoreline locator and private surveyors.

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205A- Technical shoreline specialist position; established. There is established a technical shoreline specialist position whose purpose is to assemble a database of the uppermost wash of the waves. The technical shoreline specialist shall be trained in coastal geology or engineering with an emphasis in coastal processes. The technical shoreline specialist shall make periodic site visits to every shoreline certification.

§205A- Shoreline guidelines; development. The department and the University of Hawaii shall develop guidelines to identify the shoreline to be implemented by the shoreline locator and private surveyors."

SECTION 3. Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§205A- Shoreline certification; notice. An applicant for shoreline certification under this part shall provide a copy of the application for shoreline certification, including the proposed map and photographs, by certified mail to:

(1) All abutting shoreline property owners;

(2) The county planning agency; and

(3) The state surveyor's office.

Where applicable, the notification may be made to the respective homeowners' board or association of the affected condominium property regime or cooperative housing corporation in lieu of individual owners. The applicant shall further provide to the chairperson of the board of land and natural resources a certificate of service with respect to the property owners and the county planning agency who have been served. The board of land and natural resources may adopt rules pursuant to chapter 91 to implement this section."

SECTION 4. Section 200-1, Hawaii Revised Statutes, is amended by amending the definition of "shoreline" to read as follows:

""Shoreline" means the upper reaches of the wash of the waves, usually evidenced by the edge of vegetation growth or by the upper limit of debris left by the wash of the waves.] annually recurring high surf, except storm or seismic waves."

SECTION 5. Section 205A-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a definition of "shoreline locator" to be appropriately inserted and to read:

""State shoreline locator" means a technical shoreline specialist who is an employee of the department of land and natural resources that meets the qualifications prescribed by rules adopted by the board of land and natural resources, pursuant to chapter 91, for a person knowledgeable in coastal morphology and experienced with high seasonal surf."

2. By amending the definition of "shoreline" to read:

""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.] annually recurring high surf, except storm or seismic waves."

SECTION 6. Section 205A-42, Hawaii Revised Statutes, is amended to read as follows:

"§205A-42 Determination of the shoreline. (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]:

(1) No determination of a shoreline shall be valid for a period longer than twelve months, except where the shoreline is fixed by artificial structures that have been approved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and the structure[.];

(2) The determination of the location of the shoreline be made and marked by a state surveyor, as defined in this chapter; and

(3) The surveying and mapping of the located and marked shoreline be done by a land surveyor registered in accordance with chapter 464.

(b) The chairperson of the board of land and natural resources shall cause a public notice of the date, time, and place that a shoreline locator will be on site locating a shoreline to be published in the periodic bulletin published by the office of environmental quality control. [All comments to the application for shoreline certification shall be submitted in writing to the state land surveyor no later than fifteen calendar days from the date of the public notice of the application.] All appeals to the proposed shoreline to be certified shall be submitted in writing to the board of land and natural resources no later than twenty calendar days from notice of proposed certification. Notice of [application for certification] upcoming shoreline location work shall be identified by tax map key number, and where applicable, street address and nearest town."

SECTION 7. Section 205A-43, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The powers and duties of the department shall include, but not be limited to:

(1) The department shall adopt rules under chapter 91 prescribing procedures for determining the shoreline setback line[; and] that are consistent with the requirements of this chapter;

(2) The department shall adopt rules under chapter 91 prescribing specific, necessary qualifications for "state shoreline locators"; and

[(2)] (3) The department shall review the plans of all applicants who propose any structure, activity, or facility that would be prohibited without a variance pursuant to this part. The department [may] shall require that the plans be supplemented by accurately mapped data and photographs showing natural conditions and topography relating to all existing and proposed structures and activities."

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2004-2005, for videographic studies of selected sites around the State to compare certified shorelines with the actual location of the highest wash of the waves.

SECTION 9. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval; provided that section 8 shall take effect on July 1, 2004.

INTRODUCED BY:

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