Shoreline Certification; Appropriation
Changes shoreline certification process definition of "shoreline"; requires state shoreline locators and private land surveyors to determine and certify shorelines; specifies qualifications for shoreline locators; requires public notice when a locator goes onsite; appropriates funds for a videographic study; and develops guidelines for identifying the shoreline. (SD1)
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
relating to coastal zone management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many shorelines have been incorrectly certified and are currently too close to the ocean. This has resulted in the loss of public shore property 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. The legislature finds that 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) Requiring that the locating of the shoreline be done by a technically and specifically trained state employee and that the mapping of that shoreline be done by a licensed private surveyor;
(3) Specifying qualifications for the state shoreline locators;
(4) Requiring that public notice be given when a locator goes on-site;
(5) Providing funding for a videographic study of the upper reaches of high seasonal surf around the State; and
(6) 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- Shoreline guidelines; development. The board of land and natural resources and the University of Hawaii shall develop guidelines for identifying the shoreline, which will be implemented by the shoreline locator and private surveyors.
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 homeowner's 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 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.] other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occur."
SECTION 4. 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 an employee of the department of land and natural resources who 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 videography and experienced with high seasonal surf."
2. By amending the definition of "shoreline" to read:
""Shoreline" means the upper reaches of thewash 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
SECTION 5. Section 205A-42, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(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 [
(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 by a state shoreline locator, as defined in this chapter; and
(3) The surveying and mapping of the 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 6. 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; and
(2) 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 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 7. 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 the upper reaches of the high seasonal surf at sites around the State to compare certified shorelines with where the upper reaches of the wash of the waves actually reach.
SECTION 8. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval; provided that sections 7 and 8 shall take effect on July 1, 2004.