(a) Except as otherwise provided in this section, the shoreline setback line is established 40 feet mauka from the certified shoreline until July 1, 2024, after which the shoreline setback line will be established at the following distances mauka from the certified shoreline:
(1) Sixty feet plus 70 times the annual coastal erosion rate, up to a maximum setback of 130 feet, on zoning lots within all development plan and sustainable communities plan areas except the Primary Urban Center Development Plan area; provided that any property owner who believes the annual erosion rate applicable to a specific zoning lot does not accurately represent the actual erosion rate for that zoning lot may submit an application to the director requesting approval of an alternative coastal erosion rate methodology and data for the zoning lot in accordance with the procedures and informational requirements set forth in the department’s rules implementing this chapter.
(2) Sixty feet on zoning lots within the Primary Urban Center Development Plan area.
(3) Sixty feet on zoning lots where historical erosion data has not been collected for the Hawaii shoreline study, or its successor, where the historical erosion data show coastal accretion, or where the historical erosion data show an annual coastal erosion rate of zero.
(b) Where the buildable area of a zoning lot is reduced to less than 1,500 square feet, the shoreline setback line may be adjusted to allow a minimum buildable area of 1,500 square feet, subject to review and confirmation by the director; provided that:
(1) The adjusted shoreline setback line may not be reduced to less than 40 feet from the certified shoreline;
(2) The shoreline setback line may only be reduced to the minimum extent required to permit construction and repair within the reduced buildable area, including the minimum necessary area for wastewater treatment structures, required parking spaces, and other accessory structures;
(3) The proposed structure or activity is positioned in the farthest mauka location on the zoning lot;
(4) The buildable area is measured as a standard polygon with no angle exceeding 120 degrees;
(5) On zoning lots that exceed 60 feet in width, the side yards may be increased so that the buildable area depth is 30 feet;
(6) The front yard may be increased if the department of health requires wastewater treatment to be located within the front yard setback area; provided that the required front yard for the underlying zoning district may not be increased by more than 10 feet;
(7) The proposal does not involve new shoreline hardening;
(8) If a proposed structure is within a special flood hazard area, as defined in Chapter 21A, structural design and construction must be resilient to existing and increasing flood hazards with a finished lowest floor elevation a minimum of 3 feet above the flood insurance rate map base flood elevation; and
(9) If a proposed structure is outside of the special flood hazard area but within the sea level rise exposure area under the scenario envisioning 3.2 feet of sea level rise by the year 2100, the lowest floor of the structure must be a minimum of 3 feet above the highest adjacent grade.
(c) Once a shoreline has been certified and a shoreline setback line has been established, no shoreline setback line may be established farther seaward as the result of a subsequent certified shoreline survey.
(d) A shoreline setback line determination approved by the director for zoning lots with erosion-rate-based setbacks may be issued at a property owner’s request prior to the issuance of any land use, development, or building permits, or any subdivision actions.
(e) Prior to the commencement of grubbing, grading, or construction activities, the shoreline and shoreline setback line must be identified on the ground and posted with markers, posts, or other appropriate reference marks by a surveyor licensed in the State.
(1990 Code, Ch. 23, Art. 1, § 23-1.4) (Added by Ord. 92-34) (Am. Ord. 23-3)
Editor’s note:
Any application for a shoreline setback variance submitted to the Director of Planning and Permitting and accepted as complete prior to July 1, 2024, is not affected by the determination of the shoreline setback line under § 26-1.4 or any successor ordinance.