§205A-2 - Coastal zone management program; objectives and policies.

§205A-2 Coastal zone management program;objectives and policies. (a) The objectives and policies in this sectionshall apply to all parts of this chapter.

(b) Objectives.

(1) Recreational resources;

(A) Provide coastal recreational opportunitiesaccessible to the public.

(2) Historic resources;

(A) Protect, preserve, and, where desirable,restore those natural and manmade historic and prehistoric resources in thecoastal zone management area that are significant in Hawaiian and Americanhistory and culture.

(3) Scenic and open space resources;

(A) Protect, preserve, and, where desirable,restore or improve the quality of coastal scenic and open space resources.

(4) Coastal ecosystems;

(A) Protect valuable coastal ecosystems,including reefs, from disruption and minimize adverse impacts on all coastalecosystems.

(5) Economic uses;

(A) Provide public or private facilities andimprovements important to the State's economy in suitable locations.

(6) Coastal hazards;

(A) Reduce hazard to life and property fromtsunami, storm waves, stream flooding, erosion, subsidence, and pollution.

(7) Managing development;

(A) Improve the development review process,communication, and public participation in the management of coastal resourcesand hazards.

(8) Public participation;

(A) Stimulate public awareness, education, andparticipation in coastal management.

(9) Beach protection;

(A) Protect beaches for public use andrecreation.

(10) Marine resources;

(A) Promote the protection, use, anddevelopment of marine and coastal resources to assure their sustainability.

(1) Recreational resources;

(A) Improve coordination and funding ofcoastal recreational planning and management; and

(B) Provide adequate, accessible, and diverserecreational opportunities in the coastal zone management area by:

(i) Protecting coastal resources uniquelysuited for recreational activities that cannot be provided in other areas;

(ii) Requiring replacement of coastal resourceshaving significant recreational value including, but not limited to, surfingsites, fishponds, and sand beaches, when such resources will be unavoidablydamaged by development; or requiring reasonable monetary compensation to theState for recreation when replacement is not feasible or desirable;

(iii) Providing and managing adequate publicaccess, consistent with conservation of natural resources, to and alongshorelines with recreational value;

(iv) Providing an adequate supply of shorelineparks and other recreational facilities suitable for public recreation;

(v) Ensuring public recreational uses ofcounty, state, and federally owned or controlled shoreline lands and watershaving recreational value consistent with public safety standards andconservation of natural resources;

(vi) Adopting water quality standards andregulating point and nonpoint sources of pollution to protect, and wherefeasible, restore the recreational value of coastal waters;

(vii) Developing new shoreline recreationalopportunities, where appropriate, such as artificial lagoons, artificialbeaches, and artificial reefs for surfing and fishing; and

(viii) Encouraging reasonable dedication ofshoreline areas with recreational value for public use as part of discretionaryapprovals or permits by the land use commission, board of land and naturalresources, and county authorities; and crediting such dedication against therequirements of section 46-6.

(2) Historic resources;

(A) Identify and analyze significantarchaeological resources;

(B) Maximize information retention throughpreservation of remains and artifacts or salvage operations; and

(3) Scenic and open space resources;

(A) Identify valued scenic resources in thecoastal zone management area;

(B) Ensure that new developments arecompatible with their visual environment by designing and locating suchdevelopments to minimize the alteration of natural landforms and existingpublic views to and along the shoreline;

(D) Encourage those developments that are notcoastal dependent to locate in inland areas.

(4) Coastal ecosystems;

(A) Exercise an overall conservation ethic,and practice stewardship in the protection, use, and development of marine andcoastal resources;

(B) Improve the technical basis for naturalresource management;

(D) Minimize disruption or degradation ofcoastal water ecosystems by effective regulation of stream diversions,channelization, and similar land and water uses, recognizing competing waterneeds; and

(E) Promote water quantity and qualityplanning and management practices that reflect the tolerance of fresh water andmarine ecosystems and maintain and enhance water quality through thedevelopment and implementation of point and nonpoint source water pollutioncontrol measures.

(5) Economic uses;

(A) Concentrate coastal dependent developmentin appropriate areas;

(B) Ensure that coastal dependent developmentsuch as harbors and ports, and coastal related development such as visitorindustry facilities and energy generating facilities, are located, designed,and constructed to minimize adverse social, visual, and environmental impactsin the coastal zone management area; and

(C) Direct the location and expansion ofcoastal dependent developments to areas presently designated and used for suchdevelopments and permit reasonable long-term growth at such areas, and permitcoastal dependent development outside of presently designated areas when:

(i) Use of presently designated locations isnot feasible;

(ii) Adverse environmental effects areminimized; and

(iii) The development is important to the State'seconomy.

(6) Coastal hazards;

(A) Develop and communicate adequateinformation about storm wave, tsunami, flood, erosion, subsidence, and pointand nonpoint source pollution hazards;

(B) Control development in areas subject tostorm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point andnonpoint source pollution hazards;

(D) Prevent coastal flooding from inlandprojects.

(7) Managing development;

(A) Use, implement, and enforce existing laweffectively to the maximum extent possible in managing present and futurecoastal zone development;

(B) Facilitate timely processing ofapplications for development permits and resolve overlapping or conflictingpermit requirements; and

(C) Communicate the potential short andlong-term impacts of proposed significant coastal developments early in theirlife cycle and in terms understandable to the public to facilitate publicparticipation in the planning and review process.

(8) Public participation;

(A) Promote public involvement in coastal zonemanagement processes;

(B) Disseminate information on coastalmanagement issues by means of educational materials, published reports, staffcontact, and public workshops for persons and organizations concerned withcoastal issues, developments, and government activities; and

(9) Beach protection;

(A) Locate new structures inland from theshoreline setback to conserve open space, minimize interference with naturalshoreline processes, and minimize loss of improvements due to erosion;

(B) Prohibit construction of privateerosion-protection structures seaward of the shoreline, except when they resultin improved aesthetic and engineering solutions to erosion at the sites and donot interfere with existing recreational and waterline activities; and

(10) Marine resources;

(A) Ensure that the use and development ofmarine and coastal resources are ecologically and environmentally sound andeconomically beneficial;

(B) Coordinate the management of marine andcoastal resources and activities to improve effectiveness and efficiency;

(C) Assert and articulate the interests of theState as a partner with federal agencies in the sound management of oceanresources within the United States exclusive economic zone;

(D) Promote research, study, and understandingof ocean processes, marine life, and other ocean resources in order to acquireand inventory information necessary to understand how ocean developmentactivities relate to and impact upon ocean and coastal resources; and

(E) Encourage research and development of new,innovative technologies for exploring, using, or protecting marine and coastalresources. [L 1977, c 188, pt of §3; am L 1993, c 258, §1; am L 1994, c 3, §1;am L 1995, c 104, §5; am L 2001, c 169, §3]

Law Journals and Reviews

Beach Access: APublic Right? 23 HBJ 65.

Public Beach Access: A Right for All? Opening the Gate to Iroquois Point Beach. 30 UH L. Rev. 495.