REPORT TITLE:
Coastal Zone Management


DESCRIPTION:
Defines the terms "baseline", "resource", "scenic resources", and
"substantial adverse environmental effect" for the purposes of
the coastal zone management law as it pertains to special
management areas.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           91
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COASTAL ZONE MANAGEMENT.



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

 1      SECTION 1.  The purpose of this Act is to halt the long-term
 
 2 incremental degradation of Hawaii's natural resources by
 
 3 clarifying the provisions of the coastal zone management law,
 
 4 chapter 205A, Hawaii Revised Statutes, as they pertain to special
 
 5 management areas, through the addition of four new definitions.
 
 6      SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is
 
 7 amended by adding four new definitions to be appropriately
 
 8 inserted and to read as follows:
 
 9      ""Baseline" means the levels of water pollutants, water
 
10 quality parameters, air pollutants, or noise found in the area
 
11 before initiation of the activity and not including any pollution
 
12 or impacts formerly or currently caused by the applicant.
 
13      "Resource" includes, but is not limited to, any historic
 
14 site, archaeological resource, public access way, recreation
 
15 area, trail, scenic resource, open space, agricultural land,
 
16 native plant species, endangered species, fauna, native habitat,
 
17 wildlife habitat, wetland, anchialine pool, bay, estuary, marsh,
 
18 river mouth, river, stream, slough, lagoon, submerged land,
 

 
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 1 beach, surfing site, fishpond, reef, coral, marine life, fishery,
 
 2 area of open water free of visible structures, water, and air.
 
 3      "Scenic resources" include views of the ocean, views along
 
 4 the coast, views of unusual landforms, and views of the mountains
 
 5 from the shoreline.
 
 6      "Substantial adverse environmental or ecological effect"
 
 7 includes:
 
 8      (1)  Damage or degradation of a unique resource;
 
 9      (2)  Damage or degradation to, or loss of, five per cent or
 
10           more of a specific resource found in an ahupua`a;
 
11      (3)  Damage or degradation to, or loss of, five per cent or
 
12           more of a specific marine resource found within an area
 
13           with at least a one hundred meter radius; or
 
14      (4)  A five per cent increase to the baseline in the levels
 
15           of the water pollutants identified, water quality
 
16           parameters identified, air pollutants identified, or
 
17           noise decibel levels established in rules adopted by
 
18           the department of health.
 
19      The term includes the potential cumulative impact of
 
20 individual developments, each one of which taken in itself might
 
21 not have a substantial adverse effect; and the elimination of
 
22 planning options."
 

 
 
 
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                                     S.B. NO.           91
                                                        
                                                        

 
 1      SECTION 3.  Section 205A-26, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§205A-26  Special management area guidelines.  In
 
 4 implementing this part, the authority shall adopt the following
 
 5 guidelines for the review of developments proposed in the special
 
 6 management area:
 
 7      (1)  All development in the special management area shall be
 
 8           subject to reasonable terms and conditions set by the
 
 9           authority in order to ensure:
 
10           (A)  Adequate access, by dedication or other means, to
 
11                publicly owned or used beaches, recreation areas,
 
12                and natural reserves is provided to the extent
 
13                consistent with sound conservation principles;
 
14           (B)  Adequate and properly located public recreation
 
15                areas and wildlife preserves are reserved;
 
16           (C)  Provisions are made for solid and liquid waste
 
17                treatment, disposition, and management [which]
 
18                that will minimize adverse effects upon special
 
19                management area resources; and
 
20           (D)  Alterations to existing land forms and vegetation,
 
21                except crops, and construction of structures shall
 
22                cause minimum adverse effect to water resources
 

 
 
 
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 1                and scenic and recreational amenities and minimum
 
 2                danger of floods, wind damage, storm surge,
 
 3                landslides, erosion, siltation, or failure in the
 
 4                event of earthquake.
 
 5      (2)  No development shall be approved unless the authority
 
 6           has first found:
 
 7           (A)  That the development will not have any substantial
 
 8                adverse environmental or ecological effect, except
 
 9                as such adverse effect is minimized to the extent
 
10                practicable and clearly outweighed by public
 
11                health, safety, or compelling public interests[.
 
12                Such adverse effects shall include, but not be
 
13                limited to, the potential cumulative impact of
 
14                individual developments, each one of which taken
 
15                in itself might not have a substantial adverse
 
16                effect, and the elimination of planning options];
 
17           (B)  That the development is consistent with the
 
18                objectives, policies, and special management area
 
19                guidelines of this chapter and any guidelines
 
20                enacted by the legislature; and
 
21           (C)  That the development is consistent with the county
 
22                general plan and zoning.  Such a finding of
 

 
 
 
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 1                consistency does not preclude concurrent
 
 2                processing where a general plan or zoning
 
 3                amendment may also be required.
 
 4      (3)  The authority shall seek to minimize, where reasonable:
 
 5           (A)  Dredging, filling, or otherwise altering any bay,
 
 6                estuary, salt marsh, river mouth, slough, or
 
 7                lagoon;
 
 8           (B)  Any development [which] that would reduce the size
 
 9                of any beach or other area usable for public
 
10                recreation;
 
11           (C)  Any development [which] that would reduce or
 
12                impose restrictions upon public access to tidal
 
13                and submerged lands, beaches, portions of rivers
 
14                and streams within the special management areas
 
15                and the mean high tide line where there is no
 
16                beach;
 
17           (D)  Any development [which] that would substantially
 
18                interfere with or detract from the line of sight
 
19                toward the sea from the state highway nearest the
 
20                coast; and
 
21           (E)  Any development [which] that would adversely
 
22                affect water quality, existing areas of open water
 

 
 
 
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 1                free of visible structures, existing and potential
 
 2                fisheries and fishing grounds, wildlife habitats,
 
 3                or potential or existing agricultural uses of
 
 4                land."
 
 5      SECTION 4.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 5.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 6.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:_________________________