Report Title:

Coastal Zone Management; Shoreline, Definition

Description:

Invalidates a shoreline determination that is not made by an individual who is deemed qualified by the state surveyor to determine the shoreline. Clarifies the definition of "shoreline" to mean the upper reaches of the annually recurring high seasonal surf.

THE SENATE

S.B. NO.

1546

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to coastal zone management.

 

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

Part I

SECTION 1. 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 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.

(b) The chairperson of the board of land and natural resources shall cause a public notice 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. Notice of application for certification shall be identified by tax map key number, and where applicable, street address and nearest town.

(c) The state surveyor shall approve those individuals who are deemed qualified by the state surveyor, through education, training, or experience, or any combination of the foregoing, to determine the shoreline.

(d) No determination of a shoreline shall be valid unless the determination was made by an individual deemed qualified by the state surveyor to determine the shoreline; provided that a licensed professional surveyor shall record the metes and bounds of a shoreline determination."

SECTION 2. 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] Adopting rules under chapter 91 [prescribing] to prescribe procedures for determining the shoreline setback line; and

(2) [The department shall review] Reviewing 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 require that the plans be supplemented by accurately mapped data and photographs or video recordings showing natural conditions and topography relating to all existing and proposed structures and activities."

Part II

SECTION 3. 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 seasonal surf."

SECTION 4. Section 205A-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, 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 seasonal surf."

Part III

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2005.

INTRODUCED BY:

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