Bill Text: HI HB682 | 2011 | Regular Session | Introduced

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Bill Title: Pilot Project; Interim Coastal Construction Moratorium

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2011-01-24 - (H) Referred to WLO/EEP, FIN, referral sheet 1 [HB682 Detail]

Download: Hawaii-2011-HB682-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	682
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SHORELINE SETBACKS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that beaches are unique assets of the State created by the natural process of erosion and accretion.  Accreted beach land, in the form of coastal dunes and dry beach area, is an integral portion of the beach system.  This land holds the fragile carbonate sands that the active beach relies upon during periods of episodic erosion.  These same lands will once again transition back into active beach area as the shoreline migrates and sea-level rises. 

     As the shoreline migrates, so too does the conservation district boundary, where all submerged lands are zoned as resource subzone.  The accreted lands, originally within the conservation district, will not only return to the conservation district with subsequent erosion, but also will have a significant impact on the function and health of the beach resource to be conserved and protected within the existing conservation district boundaries.

     Proper management, achieved through appropriate shoreline setbacks within which construction is prohibited, will:

     (1)  Help to protect development from coastal hazards;

     (2)  Conserve and protect Hawaii's beaches;

     (3)  Preserve recreational uses of coastal resources; and

     (4)  Minimize future impacts to the coastal ecosystem.

With long-term sea-level rise, and without necessary coastal management planning, these issues will become more critical.

     In the past several decades, the beachfront area of Kailua beach has increased, benefitting beach users from around the State and the nation.  Kailua beach is distinctive within State beaches as one of the few beaches that is fully urban, accreting, and entirely unarmored.  Even Kailua beach, however, remains impacted by erosion as well as the threat of future sea-level rise.  Because the southern end of Kailua beach is now subject to long-term erosion, which is migrating northward with time, it is important to protect and conserve Kailua beach by minimizing current and future impacts of shoreline erosion.

     There are currently no shoreline structures on Kailua beach, with the exception of the boat ramp and ancillary structure at the south end of the beach.  Therefore, there is a significant opportunity to examine the results of proactively and comprehensively managing the coastal sediment and environmental systems in a pilot project at Kailua beach.

     The purpose of this Act is to encourage the preservation of Hawaii's beaches for the use and enjoyment of future generations of residents and visitors by establishing a pilot project requiring the department of land and natural resources to establish a temporary coastal construction moratorium along Kailua beach on Oahu.

     SECTION 2.  (a)  Notwithstanding any other law to the contrary, the department of land and natural resources shall establish an interim coastal construction moratorium pilot project along Kailua beach where the department determines that the following conditions exist:

     (1)  Since the establishment of the shoreline setback pursuant to section 205A-43, the shoreline has shown evidence of migration through accretion or erosion;

     (2)  Due to the migration of the shoreline, the shoreline setback established pursuant to section 205A-43 may not offer adequate long-term protection of beach resources, public access, and coastal communities; and

     (3)  An interim coastal construction moratorium pilot project that includes a coastal construction control line along Kailua beach is deemed appropriate to protect development from coastal hazards, to conserve and protect beach lands, to preserve recreational uses of coastal resources, or to minimize future impacts to the coastal ecosystem.

     (b)  The interim coastal construction moratorium pilot project shall not apply to any structure for which all necessary building permits have been approved prior to the establishment of the temporary moratorium pilot project.

     (c)  The interim coastal construction moratorium pilot project along Kailua beach established pursuant to this section shall expire on the earlier of:

     (1)  Two years from the date of its establishment; or

     (2)  Upon the determination of the department of land and natural resources that the moratorium is no longer appropriate.

     (d)  For the purposes of this Act, "Kailua beach" means that part of the east shoreline of the island of Oahu between Kawainui canal to the north and Alala point to the south, in the Koolaupoko district.

     Section 3.  The department of land and natural resources and the University of Hawaii, in consultation with any appropriate agencies, shall report to the legislature no later than twenty days prior to the convening of the regular session of 2013 regarding actions taken for the protection and management of Kailua beach pilot project.  The report shall include any pertinent information, recommendations, or proposed legislation, if any, to determine whether the construction moratorium should be extended to other coastal areas throughout the State.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon approval, and shall be repealed on June 1, 2013; provided that any interim construction moratorium established by the department of land and natural resources prior to the repeal of this Act shall remain in effect until its expiration.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Pilot Project; Interim Coastal Construction Moratorium

 

Description:

Allows DLNR to establish an interim construction moratorium pilot project along Kailua beach to protect development from coastal hazards, to conserve and protect beaches, to preserve recreational uses of coastal resources, and to minimize future impacts to the coastal ecosystem.  Effective upon approval, and is repealed on 6/1/2013.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.