Shoreline Management
Coastal and shoreline management in Hawai‘i is based on three layers of jurisdiction: federal, state, and county. Each agency has varying degrees of responsibilities for interacting with each other and the general public. The state maintains the lead authority for shoreline management under both the Department of Land and Natural Resources (DLNR) Office of Conservation and Coastal Lands (OCCL) and the Hawai‘i Coastal Zone Management Program. A summary of the shoreline management authorities and programs is presented in the State of Hawai‘i's Coastal Erosion Management Plan (State of Hawaii DLNR 2000).
Mākaha Beach's rich sand cover.
Source: CZM Hawai‘iFederal Shoreline Management
Federal shoreline management authorities are derived primarily from the Rivers and Harbors Act of 1899 which prohibits the obstruction or alteration of navigable waters in the United States without a permit from the U.S. Army Corps of Engineers. In addition, the national Coastal Zone Management Act (CZMA) of 1972 was created to preserve, protect, develop, restore, and enhance coastal resources. These laws have enabled the State of Hawai‘i to develop and enforce coastal programs with the goal of enhancing shoreline protection.
State Shoreline Management
The Hawai‘i Coastal Zone Management Program was promulgated in 1977 under the Coastal Zone Act Reauthorization Amendments (CZARA) in response to the CZMA. According to Hawai‘i Revised Statute 205-A (HRS 205-A), relating to Coastal Zone Management, the state's definition for a shoreline is "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." It is the policy of the State of Hawai‘i under HRS Chapter 205A to discourage all shoreline hardening that may affect access to, or the configuration of, our island beaches.
Although federal lands are excluded administratively from the regulated shoreline, federal activities are subject to federal consistency requirements under the CZMA. All federal activities occurring within the defined coastal zone must be in accordance with the state program. The Hawai‘i Coastal Zone Management Program is responsible for reviewing and deciding the consistency of federal activities that may impact the shorelines of the state.
The DLNR OCCL is responsible for establishing procedures and certifying where shorelines are located and for promulgating and administering conservation district use regulations. All activities within a conservation district must be included in an existing or proposed permit. DLNR OCCL provides permit processing, prosecution of land use violations, resolution of shoreline encroachments, enactment of beach restoration projects, and shoreline certifications. The OCCL provides direction and guidance to coastal landowners, concerned citizens and resource agencies on current best practices for shoreline use and management through the development, implementation, and monitoring of Coastal Management Policy and Procedures.
County Shoreline Management
Hawai‘i Revised Statute 205-A provides authority to the City and County of Honolulu to establish ordinances regarding shoreline setbacks (Chapter 23), shoreline management (Chapter 25), and special management areas (SMA) (Chapter 25). Special management area means the land extending inland from the shoreline, as established in Chapter 25 and delineated on the maps established by the county and filed pursuant to HRS Section 205A-23.The statute is intended to control development of the shoreline, maintain open space, and preserve public access to the state shorelines.
The county is responsible for establishing a shoreline area with setbacks no less than 20 feet and not more than 40 feet inland from the shoreline. No development is allowed within this setback area. A SMA permit is required for any development of lands within the SMA area. Development is defined to include most uses, activities and operations on land and in the water. Permits for activities on SMA are classified as either major or minor depending on the potential environmental impact and the value of the proposed development.
Public Notices
The State of Hawai‘i Department of Health, Office of Environmental Quality Control administers the State of Hawai‘i environmental impact statement (EIS) law and provides public notices regarding all aspects of shoreline development including environmental assessments, shoreline certification applications, conservation district use permits, minor and major SMA permits, federal consistency, and other shoreline use projects. Public notices are listed bimonthly at www.state.hi.us/health/oeqc/index.html.
Reference Cited
State of Hawaii Department of Land and Natural Resources (DLNR). 2000. Hawaii Coastal Erosion Management Plan. Office of Conservation and Coastal Lands.
Related References
State of Hawaii Office of Planning. 2002. Hawaii Coastal Zone Management Program Web Site. http://www.czmhawaii.com/index.html
State of Hawaii Department of Land and Natural Resources (DLNR). 2004. Office of Conservation and Coastal Lands (OCCL) Web Site. http://www.hawaii.gov/dlnr/occl/
