Bill Text: HI HB926 | 2011 | Regular Session | Amended
Bill Title: Shoreline setback; Accretion
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2011-02-24 - (H) The committee(s) recommends that the measure be deferred. [HB926 Detail]
Download: Hawaii-2011-HB926-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
926 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to shoreline setback.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that beaches are unique assets of the State created by the natural process of erosion and accretion. For example, accretion has caused the beachfront of Kailua Beach to increase during the past several decades, benefitting beachgoers from around the State, the nation, and the world. Kailua Beach is one of the few beaches that is fully urban, accreting, and entirely unarmored. This asset, however, remains affected by erosion related to sand deficiencies at Kailua Beach Park as well as the threat of a future rise in sea levels. Because the southern end of Kailua Beach is now subject to long-term erosion, which is migrating northward with time, Kailua Beach is a prime example of the maxim: what nature can give, it can take back.
Accreted beach land, in the form of coastal dunes and dry beach area, is an integral portion of the beach system. This land holds the fragile carbonate sands, which the active beach relies upon during periods of episodic erosion. These same lands will once again transition back into active beach area as the shoreline migrates and the sea level rises.
The purpose of this Act is to ensure that, in any county with a population of more than five hundred thousand, accreted lands that are subject to the natural effects of future erosion are protected from any construction or improvement that could require future hardening of the shoreline with artificial revetments or seawalls to protect the improvements from the eventual process of natural erosion.
SECTION 2. Section 205A-43, Hawaii Revised Statutes, is amended to read as follows:
"§205A-43 Establishment of shoreline
setbacks and duties and powers of the department. (a) Setbacks along
shorelines are established of not less than twenty feet and not more than forty
feet inland from the shoreline[.]; provided that, in any county with
a population greater than five hundred thousand, the setback along the
shoreline shall not be less than twenty feet from the shoreline or twenty feet
from any accreted lands along the shoreline, whichever is greater. The
department shall adopt rules pursuant to chapter 91, and shall enforce the
shoreline setbacks and rules pertaining thereto.
(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
(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.
(c) For the purposes of this section, "accreted lands" means lands judicially decreed or registered under the State's accretion laws."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that this Act shall be applied prospectively and shall only apply to undeveloped lands that have been judicially decreed or registered under the State's accretion laws.
Report Title:
Shoreline setback; Accretion
Description:
Prohibits inclusion of accreted lands in determining shoreline setback line in counties with a population over 500,000. (HB926 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
