§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 section
shall apply to all parts of this chapter.

(b) Objectives.

(1) Recreational resources;

(A) Provide coastal recreational opportunities
accessible to the public.

(2) Historic resources;

(A) Protect, preserve, and, where desirable,
restore those natural and manmade historic and prehistoric resources in the
coastal zone management area that are significant in Hawaiian and American
history 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 coastal
ecosystems.

(5) Economic uses;

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

(6) Coastal hazards;

(A) Reduce hazard to life and property from
tsunami, 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 resources
and hazards.

(8) Public participation;

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

(9) Beach protection;

(A) Protect beaches for public use and
recreation.

(10) Marine resources;

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

(1) Recreational resources;

(A) Improve coordination and funding of
coastal recreational planning and management; and

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

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

(ii) Requiring replacement of coastal resources
having significant recreational value including, but not limited to, surfing
sites, fishponds, and sand beaches, when such resources will be unavoidably
damaged by development; or requiring reasonable monetary compensation to the
State for recreation when replacement is not feasible or desirable;

(iii) Providing and managing adequate public
access, consistent with conservation of natural resources, to and along
shorelines with recreational value;

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

(v) Ensuring public recreational uses of
county, state, and federally owned or controlled shoreline lands and waters
having recreational value consistent with public safety standards and
conservation of natural resources;

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

(vii) Developing new shoreline recreational
opportunities, where appropriate, such as artificial lagoons, artificial
beaches, and artificial reefs for surfing and fishing; and

(viii) Encouraging reasonable dedication of
shoreline areas with recreational value for public use as part of discretionary
approvals or permits by the land use commission, board of land and natural
resources, and county authorities; and crediting such dedication against the
requirements of section 46-6.

(2) Historic resources;

(A) Identify and analyze significant
archaeological resources;

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

(3) Scenic and open space resources;

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

(B) Ensure that new developments are
compatible with their visual environment by designing and locating such
developments to minimize the alteration of natural landforms and existing
public views to and along the shoreline;

(D) Encourage those developments that are not
coastal 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 and
coastal resources;

(B) Improve the technical basis for natural
resource management;

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

(E) Promote water quantity and quality
planning and management practices that reflect the tolerance of fresh water and
marine ecosystems and maintain and enhance water quality through the
development and implementation of point and nonpoint source water pollution
control measures.

(5) Economic uses;

(A) Concentrate coastal dependent development
in appropriate areas;

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

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

(i) Use of presently designated locations is
not feasible;

(ii) Adverse environmental effects are
minimized; and

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

(6) Coastal hazards;

(A) Develop and communicate adequate
information about storm wave, tsunami, flood, erosion, subsidence, and point
and nonpoint source pollution hazards;

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

(D) Prevent coastal flooding from inland
projects.

(7) Managing development;

(A) Use, implement, and enforce existing law
effectively to the maximum extent possible in managing present and future
coastal zone development;

(B) Facilitate timely processing of
applications for development permits and resolve overlapping or conflicting
permit requirements; and

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

(8) Public participation;

(A) Promote public involvement in coastal zone
management processes;

(B) Disseminate information on coastal
management issues by means of educational materials, published reports, staff
contact, and public workshops for persons and organizations concerned with
coastal issues, developments, and government activities; and

(9) Beach protection;

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

(B) Prohibit construction of private
erosion-protection structures seaward of the shoreline, except when they result
in improved aesthetic and engineering solutions to erosion at the sites and do
not interfere with existing recreational and waterline activities; and

(10) Marine resources;

(A) Ensure that the use and development of
marine and coastal resources are ecologically and environmentally sound and
economically beneficial;

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

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

(D) Promote research, study, and understanding
of ocean processes, marine life, and other ocean resources in order to acquire
and inventory information necessary to understand how ocean development
activities 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 coastal
resources. [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: A
Public Right? 23 HBJ 65.

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