HOUSE OF REPRESENTATIVES

H.C.R. NO.

102

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

Urging each county not to issue any permit or special permit for any residential or commercial development of any wetland or tidal area within one hundred feet of the shoreline unless the county first solicits public input at a public informational meeting.

 

 

 


     WHEREAS, pursuant to section 46‑4, Hawaii Revised Statutes, zoning in each county must be accomplished within the framework of a long‑range, comprehensive general plan prepared to guide the overall future development of the county, as well as, to ensure the greatest benefit for the State as a whole; and

 

     WHEREAS, among the county zoning powers is the power to prohibit or restrict erection of structures or the location of buildings in areas bordering natural watercourses; and

 

     WHEREAS, wetlands are lands or areas, such as tidal flats and swamps, that contain a lot of soil moisture and protect and maintain water quality in other near‑shore habitats; and

 

     WHEREAS, according to the United States Department of Commerce, National Oceanic and Atmospheric Administration, at one time Hawaii contained an estimated fifty‑nine thousand acres of wetlands, but has lost approximately twelve per cent of those original wetland acres over the last two hundred years; and

 

     WHEREAS, the protection provided by wetlands is particularly important for coral reefs occurring seaward of coastal wetlands because the wetlands shield the reefs from sediment, turbidity, and pulses of fresh water during periods of heavy rain; and

 

     WHEREAS, in addition, wetlands are habitats to native and endangered species, and provide, directly or through the food chain, prey organisms for reef and open coastal fishery resources; and

 

     WHEREAS, anglers spend millions of dollars fishing in Hawaii's waters and support thousands of jobs here; and

 

     WHEREAS, commercial fishing is a growing part of Hawaii's economy, with commercial dockside landings valued at over $69,000,000 in a single year; and

 

     WHEREAS, despite their significance to Hawaii's environment, wetlands are increasingly threatened by urban sprawl as the wetlands are drained, dredged, and filled to provide land for residential and commercial development; and

 

     WHEREAS, development of wetland and tidal areas for these purposes could overturn years of environmental protection and progress achieved under the federal Clean Water Act; and

 

     WHEREAS, no county in the State should issue a permit or special permit for any residential or commercial development of any wetland or tidal area without first soliciting public input at a public informational meeting; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that each county in the State is urged not to issue any permit under sections 46‑4 or 205‑5, Hawaii Revised Statutes, or any special permit under 205‑6, Hawaii Revised Statutes, for any residential or commercial development of any wetland or tidal area within one hundred feet of the shoreline unless the county first solicits public input at a public informational meeting; and

 

     BE IT FURTHER RESOLVED that the counties are requested to hold the public informational meetings in the affected communities and solicit public input at the meeting regarding whether to approve, deny, or conditionally approve the proposed development; and

 

     BE IT FURTHER RESOLVED that for purposes of this Concurrent Resolution:

 

     (1)  "Shoreline" has the same meaning as defined in section 205A‑1.

 

     (2)  "Tidal" means the presence of periodically rising and falling or flowing or ebbing waters; and

 

(3)  "Wetland" means land or areas, such as tidal flats and swamps that contain a lot of soil moisture; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Mayor of each county in the State, and the Director of each county planning department.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

County Zoning; Wetland and Tidal Areas