(a) The mining or taking of any earth material from the shoreline setback area is prohibited, with the following exceptions:
(1) The inadvertent taking from the shoreline setback area of materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;
(2) Where the mining or taking is authorized by a shoreline setback variance granted pursuant to this chapter;
(3) The clearing of materials from existing drainage pipes, canals, and the mouths of streams, including clearing for purposes allowed under HRS § 46-11.5; provided that sand removed must be placed on adjacent areas unless the placement would result in significant turbidity, or unsanitary or undesirable conditions;
(4) The clearing of the shoreline setback area for State or city maintenance purposes, including clearing for purposes under HRS § 46-12; provided that sand removed must be placed on adjacent areas, unless the placement would result in significant turbidity, or unsanitary or undesirable conditions;
(5) The taking of driftwood, shells, beach glass, glass floats, or seaweed:
(6) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to Article XII, Section 7, of the Hawaii State Constitution; or
(7) For the response to a public emergency or a State or local disaster.
(b) Structures and activities are prohibited within the shoreline setback area, with the following exceptions:
(1) Minor structures and activities permitted under rules adopted by the department that will not, within the lifetime of the structure or duration of the activity, affect beach processes or artificially fix the shoreline and will not interfere with public access, public views, or open space along the shoreline. If, due to beach erosion or other cause, the director determines that a minor structure permitted under this section may affect beach processes or public access, or has become located seaward of the shoreline, the director or other governmental agency having jurisdiction may order its removal;
(2) Minor structures and activities necessary for or ancillary to continuation, but not expansion, of agriculture or aquaculture in the shoreline setback area on June 16, 1989; provided that traditional Hawaiian fishpond systems may be restored or expanded as allowed under State law;
(3) A structure or activity that is necessary for or ancillary to a public shoreline-dependent facility or improvement, including but not limited to boating, maritime, aviation, public infrastructure, recreation-related, or lifeguard facilities; provided that the structure or activity will not interfere with beach processes or public beach access;
(4) Maintenance, repair, reconstruction, and minor additions to or alterations of lawfully established structures included in subdivision (3); provided that privately owned boating, maritime, or ocean sports recreational facilities are specifically not included in this exception;
(5) Nonconforming structures or structures that have received a shoreline setback variance;
(6) Construction, installation, maintenance, repair, and replacement of public warning or signal devices and sirens; or
(7) Beach and sand dune restoration and maintenance activities permitted by the State department of land and natural resources.
(1990 Code, Ch. 23, Art. 1, § 23-1.5) (Added by Ord. 92-34; Am. Ord. 10-32) (Am. Ord. 23-3)