Changes the present shoreline certification process by creating the position of "state shoreline locator", specifying qualifications for shoreline locators, requiring state shoreline locators, as well as private land surveyors, to determine and certify shorelines, requiring public notice when a locator goes on-site, and developing guidelines for identifying the shoreline.

A BILL FOR AN ACT

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 coastal public trust lands and damage to private property when owners are allowed to build too close to the ocean.

Part of the problem is that the locating and mapping of shorelines is 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 guidelines for identifying shorelines in different circumstances and locations must be developed.

The purpose of this Act is to increase the accuracy of determining shorelines for shoreline certification and setback purposes by:

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§205A- Shoreline guidelines; 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:

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 205A-41, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""State shoreline locator" means an employee or consultant of the department of land and natural resources who meets the qualifications prescribed by the department of land and natural resources' position description for a person knowledgeable in coastal morphology."

SECTION 4. 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 guidelines and procedures for determining a shoreline and appeals of shoreline determinations that are consistent with subsection (b); provided that [no]:

(b) The chairperson of the board of land and natural resources shall cause a public notice of the date, time, and place that a state 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 comments 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 5. 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:

SECTION 6. Section 205A-49, Hawaii Revised Statutes, is amended to read as follows:

"§205A-49 Adoption of rules. Each agency charged with carrying out this part shall adopt rules necessary to implement or comply with this part by July 1, [1990.] 2007. All rules shall be adopted under chapter 91."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.