PART I. COASTAL ZONE MANAGEMENT

 

Note

 

  Former Part I, Long Range Goals, §§205A-1 to 3, repealed by L1977, c 188, §2.

 

§205A-1  Definitions.  As used in thischapter, unless the context otherwise requires:

"Agency" means any agency, board,commission, department, or officer of a county government or the stategovernment, including the authority as defined in part II;

"Artificial light" or"artificial lighting" means the light emanating from any fixedhuman-made device.

"Coastal zone management area" meansall lands of the State and the area extending seaward from the shoreline to thelimit of the State's police power and management authority, including the United States territorial sea;

"Coastal zone management program"means the comprehensive statement in words, maps, or other permanent media ofcommunication, prepared, approved for submission, and amended by the State andapproved by the United States government pursuant to Public Law No. 92-583, asamended, and the federal regulations adopted pursuant thereto, which describesobjectives, policies, laws, standards, and procedures to guide and regulatepublic and private uses in the coastal zone management area, provided howeverthe "coastal zone management program" is consistent with the intent,purpose, and provisions of this chapter;

"Directly illuminate" means toilluminate through the use of a glowing element, lamp, globe, or reflector ofan artificial light source.

"Land" means the earth, water, andair above, below, or on the surface;

"Lead agency" means the office ofplanning;

"Ocean waters" means all watersseaward of the shoreline within the jurisdiction of the State.

"Person" means an individual,corporation, or partnership, and an organization or association, whether or notincorporated;

"Public advisory body" means theadvisory body established in section 205A-3.5;

"Shoreline" means the upper reachesof the wash of the waves, other than storm and seismic waves, at high tideduring 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 ofdebris left by the wash of the waves. [L 1977, c 188, pt of §3; am L 1979, c200, §1; am L 1983, c 124, §7; am L 1986, c 258, §2; am L 1987, c 336, §7; am L1988, c 352, §4; am L 1989, c 356, §4; am L 1990, c 126, §7; am L 1993, c 91,§2; am L 1995, c 104, §4; am L 1996, c 299, §3; am L 2001, c 169, §2; am L2005, c 224, §3]

Law Journals and Reviews

 

  More than a Line in the Sand:  Defining the Shoreline inHawai`i After Diamond v. State.  29 UH L. Rev. 521.

 

Case Notes

 

  In the definition of "shoreline", the "upperreaches of the wash of the waves" is the highest reach of the highest washof the waves in non-storm or tidal conditions, "usually evidenced by theedge of vegetation growth"; merely because artificially planted vegetationsurvives more than one year does not deem it "naturally rooted andgrowing" such that it can be used to determine the shoreline.  112 H. 161,145 P.3d 704.