PART I. 
COASTAL ZONE MANAGEMENT



 



Note



 



  Former Part I, Long Range Goals, §§205A-1 to 3, repealed by L
1977, c 188, §2.



 



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



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



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



"Coastal zone management area" means
all lands of the State and the area extending seaward from the shoreline to the
limit 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 of
communication, prepared, approved for submission, and amended by the State and
approved by the United States government pursuant to Public Law No. 92-583, as
amended, and the federal regulations adopted pursuant thereto, which describes
objectives, policies, laws, standards, and procedures to guide and regulate
public and private uses in the coastal zone management area, provided however
the "coastal zone management program" is consistent with the intent,
purpose, and provisions of this chapter;



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



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



"Lead agency" means the office of
planning;



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



"Person" means an individual,
corporation, or partnership, and an organization or association, whether or not
incorporated;



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



"Shoreline" means 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. [L 1977, c 188, pt of §3; am L 1979, c
200, §1; am L 1983, c 124, §7; am L 1986, c 258, §2; am L 1987, c 336, §7; am L
1988, 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 L
2005, c 224, §3]



Law Journals and Reviews



 



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



 



Case Notes



 



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