For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
Activity. Any action relating to construction, reconstruction, repair, improvement, grubbing, grading, or stockpiling.
Annual Coastal Erosion Rate. The average annual rate of coastal erosion applicable to each zoning lot as determined by historical analysis and shown on the Hawaii Shoreline Study web map as of March 9, 2023, and as thereafter updated by the director by rule to reflect updated data in the Hawaii Shoreline Study web map.
Applicant. Any individual, organization, partnership, firm, association, trust, estate, or corporation, and any agency of the federal, the State, or county government.
Beach. A coastal landform primarily composed of sand from eroded rock, coral, or shell material, or any combination thereof, established and shaped by wave action and tidal processes. A beach includes sand deposits in nearshore submerged areas, sand dunes, and upland beach deposits landward of the shoreline that provide benefits for public use and recreation, coastal ecosystems, and as a natural buffer against coastal hazards.
Beach Processes. Natural sand movement from wave, current, or wind action, including erosion or accretion of sand.
Buildable Area. That portion of a zoning lot excluding the shoreline setback area, required yards, street setbacks, stream or wetland setbacks, easements, and flag lot stems.
Coastal Accretion. A seaward trend in shoreline movement.
Coastal Dune. One of possibly several continuous or nearly continuous mounds or ridges of unconsolidated sand contiguous and parallel to the beach, situated so that it may provide some form of protection from wave run-up and be accessible to storm waves and seasonal high waves for release to the beach or offshore waters.
Coastal Erosion. A landward trend in shoreline movement.
Coastal Hazards. Natural processes that place people, property, or the environment at risk for injury or damage, including but not limited to tsunami, hurricane, wind, wave, storm surges, high tide, flooding, erosion, sea level rise, subsidence, or point and nonpoint source pollution.
Department. The department of planning and permitting, which agency shall act as the county planning department under applicable HRS sections.
Director. The director of planning and permitting.
Dwelling Unit. Has the same meaning as defined in § 21-10.1. For the purposes of this chapter, dwelling units include farm dwellings, ohana units, accessory dwelling units, and caretaker units.
Earth Material. Any sand, coral or coral rubble, rocks, soil, fill, or marine deposits.
Excavation or Cut. Any act by which earth material is cut into, dug, or moved, and any condition resulting therefrom.
Fill. Any act by which earth material is placed or deposited by artificial means, and any condition resulting therefrom.
Grading. Any excavation or fill, or any combination thereof.
Grubbing. Any act by which vegetation, including trees, shrubs, or other flora, is dislodged or uprooted from the surface of the ground.
Hawaii Sea Level Rise Viewer. The interactive viewer prepared by the Pacific Islands Ocean Observing System through coordination with the Hawaii Sea Grant Program and the State department of land and natural resources to support the Hawaii Sea Level Rise Vulnerability and Adaptation Report.
Hawaii Sea Level Rise Vulnerability and Adaptation Report. The 2017 report prepared by Tetra Tech, Inc. and the State department of land and natural resources, office of conservation and coastal lands, and adopted by the Hawaii climate change mitigation and adaptation commission.
Hawaii Shoreline Study. The coastal erosion data compiled by the coastal geology group in the school of ocean and earth science and technology at the University of Hawaii.
Hawaii Shoreline Study Web Map. The map created by the coastal geology group in the school of ocean and earth science and technology at the University of Hawaii to visualize and share data from the Hawaii Shoreline Study.
Landscaping. The modification of landscape or soils for an aesthetic or functional purpose, including but not limited to planting of vegetation. It does not include plants or hedges that may act as a shoreline hardening barrier.
Makai. Seaward or in a seaward direction toward the ocean.
Mauka. Landward or in a landward direction from the ocean.
Minor Shoreline Structure. A structure authorized to be located in the shoreline setback area through an approved minor shoreline structure permit that does not adversely affect beach processes, artificially fix the shoreline, interfere with public access or views to and along the shoreline, impede the natural processes or
movement of the shoreline or sand dunes, alter the grade of the shoreline setback area, or endanger public health, safety, or welfare.
Nonconforming Structure. A structure or portion of a structure that was previously lawful but is currently located within the shoreline setback area as a result of subsequent beach erosion, or as a result of changes in the law relating to the shoreline setback area.
Person. Any individual, organization, partnership, firm, association, trust, estate, public or private corporation, the State or any of its political subdivisions, or any other legal entity.
Practicable Alternative. An alternative to the proposed project that is available and achievable, taking into consideration existing technology and logistics, which would accomplish the basic purpose of the project while avoiding or decreasing adverse impacts on the shoreline setback area.
Public Interest. Principally benefitting the general public by promoting natural beach processes, expanding public access to the shoreline, enhancing public views, supporting public health, safety, and welfare, and prioritizing the welfare of the public over the welfare of an individual or individual household.
Reconstruction. Rebuilding a lawfully established structure when a licensed professional engineer or architect has valued the cost of the reconstruction at 50 percent or more of the current replacement cost of the structure, or if significant portions of the structure are proposed for replacement, including exterior walls, support beams, floors, ceilings, and the foundation.
Repair. Renovating or fixing ordinary damage to a structure if a licensed professional engineer or architect values the cost of the work at less than 50 percent of the current replacement cost of the structure, except as provided in § 26-1.6(a) for the repair or alteration of nonconforming structures. Repairs do not involve enlarging, adding to, or expanding a structure; increasing the size or degree of nonconformity of a structure; or intensifying the use of a structure or its impact on coastal processes. Repairs do not involve substantial improvements to a structure, like-for-like replacement of structural materials, or reconstruction.
Sea Level Rise Exposure Area. The mapped zone on the Hawaii Sea Level Rise Viewer, or its successor, representing the aggregate of the following coastal hazard layers: passive flooding (still water high tide flooding), annual high wave flooding (overwash during the largest wave events of the year), and coastal erosion.
Shoreline. 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.
Shoreline Hardening. The process of fortifying the shoreline or shoreline setback area with structures or landscaping, including but not limited to seawalls, revetments, the placement of loose rocks and boulders, geotextile erosion abatement measures, and the planting, watering, and maintenance of landscaping features like naupaka where it will interfere with the natural beach processes.
Shoreline Lot. A zoning lot of record, any portion of which lies within the shoreline setback area, or if no certified shoreline survey exists, any portion of which lies within 130 feet of the natural vegetation line or debris line. A zoning lot may be determined to be a shoreline lot notwithstanding the existence of a second zoning lot or parcel situated between the first zoning lot and the shoreline.
Shoreline Setback Area. All of the land area between the shoreline and the shoreline setback line.
Shoreline Setback Line. That line established by this chapter that runs mauka from and parallel to the certified shoreline at the horizontal plane.
Shoreline Survey. A survey map rendered by a registered land surveyor for the purpose of determining the location of the shoreline, in accordance with applicable Hawaii Administrative Rules. A shoreline survey is considered a certified shoreline survey when the location of the regulatory shoreline has been determined by the State board of land and natural resources or the State surveyor in accordance with HRS § 205A-42, or its successor, and the rules adopted pursuant thereto.
Stockpiling. The temporary open storage of materials, including earth materials.
Structure. Any portion of any building, pavement, road, pipe, flume, utility line, fence, groin, wall, or revetment; or anything constructed or erected with a fixed location at or under the ground, or requiring a fixed location on or under the ground, or attached to something having or requiring a fixed location on or below the ground.
(1990 Code, Ch. 23, Art. 1, § 23-1.3) (Added by Ord. 92-34) (Am. Ord. 23-3)
Editor’s note:
“March 9, 2023” is substituted for “the effective date of this ordinance.”