2018 Hawaii Revised Statutes
TITLE 13. PLANNING AND ECONOMIC DEVELOPMENT
205A. Coastal Zone Management
- 205A-1 Definitions.
- 205A-2 Coastal zone management program; objectives and policies.
- 205A-3 Lead agency.
- 205A-3.5 Public advisory body; establishment; composition
- 205A-4 Implementation of objectives, policies, and guidelines.
- 205A-5 Compliance.
- 205A-6 Cause of action.
- 205A-21 Findings and purposes.
- 205A-22 Definitions.
- 205A-23 County special management area boundaries.
- 205A-24 and 205A-25 REPEALED.
- 205A-26 Special management area guidelines.
- 205A-27 Designation of special management area authority.
- 205A-28 Permit required for development.
- 205A-29 Special management area use permit procedure.
- 205A-30 Emergency and minor permits.
- 205A-30.5 Prohibitions.
- 205A-31 REPEALED.
- 205A-32 Penalties
- 205A-33 Injunctions.
- 205A-41 Definitions.
- 205A-42 Determination of the shoreline.
- 205A-43 Establishment of shoreline setbacks and duties and powers of the department.
- 205A-43.5 Powers and duties of the authority.
- 205A-43.6 Enforcement of shoreline setbacks.
- 205A-44 Prohibitions.
- 205A-45 Shoreline setback lines established by county.
- 205A-46 Variances.
- 205A-47 REPEALED.
- 205A-48 Conflict of other laws.
- 205A-49 Adoption of rules.
Case Notes
Existence of chapter does not preclude private right of action to force beach access. 65 H. 383, 652 P.2d 1130 (1982).
Chapter requires county planning commission to give cultural interests asserted by public interest group "full consideration" and obligates commission to "preserve and protect" native Hawaiian rights to the extent feasible when issuing SMA permits. 79 H. 425, 903 P.2d 1246 (1995).
No private right of action for damages existed for commercial tour boat operators under Kauai county's special management area rules (Hanalei Estuary Management Plan) or under Hawaii administrative rules, chapter 256, entitled "Ocean Recreation Management Rules and Areas", as promulgated under this chapter and chapter 200, respectively, where both rules were not promulgated with the objective of protecting business interests or competition, but rather with the objective of protecting and preserving the environment for the general public. 110 H. 302, 132 P.3d 1213 (2006).
As this chapter and the Kauai county planning commission's rules did not prohibit developer from proposing the developer's shoreline setback in developer's application for the special management area use permit, and commission was not prohibited from accepting the developer's setback in approving the permit, the commission's use of the developer's setback was consistent with the plain language in the permit order, as also reflected in plaintiff's deed; thus, commission's imposition of developer's setback on plaintiff's land was justified. 115 H. 477, 168 P.3d 929 (2007).
Where the city council did not delegate the power to determine the effects on archeological resources and the means to protect the resources to a private petitioner, and conditioned the issuance of any development permit for the rail project on its receipt of documentation that a programmatic agreement to minimize and mitigate adverse effects on historic properties as generally described in the final environmental impact statement had been executed, the city and State gave full consideration to cultural and historic values as required under this chapter. 128 H. 53, 283 P.3d 60 (2012).
Chapter does not apply to any development, existing or planned, for which permits listed in L 1975, c 176, 3 were issued or ordinances were passed prior to December 1, 1975. 4 H. App. 304, 666 P.2d 177 (1983).
