Bill Text: HI HB455 | 2012 | Regular Session | Introduced
Bill Title: Coastal Zone Management; Development; Permits
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB455 Detail]
Download: Hawaii-2012-HB455-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
455 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to coastal zone management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the proper oversight of development plays an important role in balancing the preservation of coastal areas with commercial or residential development. However, due to the rise of inflation, the cost of construction disqualifies most projects from special management area minor permits. Increasing the valuation for minor permits, while requiring no adverse impacts to the environment, is vital to maintaining a balance between the two competing interests.
The purpose of this Act is to:
(1) Exclude from the definition of "development" the consolidation and re-subdivision of a parcel of land under certain conditions; and
(2) Increase the threshold for special management area minor permits and special management area use permits.
SECTION 2. Section 205A-22, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "development" to read:
""Development" [means]:
(1) Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:
[(1)] (A) Placement or erection of
any solid material or any gaseous, liquid, solid, or thermal waste;
[(2)] (B) Grading, removing,
dredging, mining, or extraction of any materials;
[(3)] (C) Change in the density or
intensity of use of land, including but not limited to the division or
subdivision of land;
[(4)] (D) Change in the intensity of
use of water, ecology related thereto, or of access thereto; and
[(5)] (E) Construction,
reconstruction, demolition, or alteration of the size of any structure[.];
and
["Development" does]
(2) Does not include the following:
[(1)] (A) Construction of a
single-family residence that is not part of a larger development;
[(2)] (B) Repair or maintenance of
roads and highways within existing rights-of-way;
[(3)] (C) Routine maintenance
dredging of existing streams, channels, and drainage ways;
[(4)] (D) Repair and maintenance of
underground utility lines, including but not limited to water, sewer, power,
and telephone and minor appurtenant structures such as pad mounted transformers
and sewer pump stations;
[(5)] (E) Zoning variances, except
for height, density, parking, and shoreline setback;
[(6)] (F) Repair, maintenance, or
interior alterations to existing structures;
[(7)] (G) Demolition or removal of
structures, except those structures located on any historic site as designated
in national or state registers;
[(8)] (H) Use of any land for the
purpose of cultivating, planting, growing, and harvesting plants, crops, trees,
and other agricultural, horticultural, or forestry products or animal
husbandry, or aquaculture or mariculture of plants or animals, or other
agricultural purposes;
[(9)] (I) Transfer of title to land;
[(10)] (J) Creation
or termination of easements, covenants, or other rights in structures or land;
[(11)] (K) Subdivision
of land into lots greater than twenty acres in size;
[(12)] (L) Subdivision
of a parcel of land into four or fewer parcels when no associated construction
activities are proposed; provided that any land which is so subdivided shall
not thereafter qualify for this exception with respect to any subsequent
subdivision of any of the resulting parcels;
(M) Consolidation and re-subdivision of a parcel of land; provided that no additional lots are created; provided further that roadway and utility lots shall not be counted as additional lots;
[(13)] (N) Installation
of underground utility lines and appurtenant aboveground fixtures less than
four feet in height along existing corridors;
[(14)] (O) Structural
and nonstructural improvements to existing single-family residences, where
otherwise permissible;
[(15)] (P) Nonstructural
improvements to existing commercial structures; and
[(16)] (Q) Construction,
installation, maintenance, repair, and replacement of civil defense warning or
signal devices and sirens;
provided that whenever the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."
2. By amending the definition of "special management area minor permit" to read:
""Special management area minor
permit" means an action by the authority authorizing development the
valuation of which is not in excess of [$125,000] $250,000 and
which has no substantial adverse environmental or ecological effect, taking
into account potential cumulative effects."
3. By amending the definition of "special management area use permit" to read:
""Special management area use
permit" means an action by the authority authorizing development the
valuation of which exceeds [$125,000] $250,000 or which may have
a substantial adverse environmental or ecological effect, taking into account
potential cumulative effects."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Coastal Zone Management; Development; Permits
Description:
Increases the threshold amount for special management area minor permits and special management area use permits. Amends the definition of "development" to exclude the consolidation and re-subdivision of a parcel of land under certain circumstances.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
