Bill Text: HI SB2101 | 2022 | Regular Session | Introduced

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Bill Title: Relating To The Coastal Zone Management Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-07 - The committee on WTL deferred the measure. [SB2101 Detail]

Download: Hawaii-2022-SB2101-Introduced.html

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THE SENATE	S.B. NO.	2101
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the coastal zone management act.

 

 

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

 

     SECTION 1.  Section 205A-22, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Floor area" means the roofed area of all floors of a structure measured from the exterior faces of the exterior walls or from the center line of party walls dividing a structure; the floor areas of a structure, or portion of the floor area, that is not enclosed by exterior walls shall be the area under the covering, roof, or floor that is supported by posts, columns, partial walls, or similar structural members that define the wall line.  Excluded from the floor area are:

     (1)  Parking structures such as garages and carports, including covered driveways and accessways, porte cocheres, and parking attendant booths;

     (2)  Attic areas with head room less than seven feet;

     (3)  Projections such as sunshade devices and architectural embellishments that are decorative only;

     (4)  Areas covered by roofing treatment to screen only rooftop machinery;

     (5)  Areas underneath unsupported roof overhangs or cantilevered building overhangs; provided that no portion of the area shall be enclosed except a safety railing or wall not exceeding four feet in height;

     (6)  Elevators and vent shafts;

     (7)  Basements that are used exclusively for storage;

     (8)  Common walkways and other exterior common areas in multi-family and commercial structures, such as stairways, breezeways, and fire escapes; and

     (9)  Exterior machinery and equipment enclosures, including enclosures for laundry, water heaters, air conditioning, and trash receptacles."

     2.  By amending the definition of "development" to read:

     ""Development" 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)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

     (2)  Grading, removing, dredging, mining, or extraction of any materials;

     (3)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

     (4)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

     (5)  Construction, reconstruction, or alteration of the size of any structure.

     "Development" does not include the following:

     (1)  Construction or reconstruction of a single-family residence that is less than [seven thousand five hundred] five thousand square feet of floor area, is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion, and is not part of a larger development;

     (2)  Repair or maintenance of roads and highways within existing rights-of-way;

     (3)  Routine maintenance dredging of existing streams, channels, and drainage ways;

     (4)  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)  Zoning variances, except for height, density, parking, and shoreline setback;

     (6)  Repair, maintenance, or interior alterations to existing structures;

     (7)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

     (8)  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)  Transfer of title to land;

    (10)  Creation or termination of easements, covenants, or other rights in structures or land;

    (11)  Subdivision of land into lots greater than twenty acres in size;

    (12)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

    (13)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

    (14)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

    (15)  Nonstructural improvements to existing commercial or noncommercial structures; and

    (16)  Construction, installation, maintenance, repair, and replacement of emergency management 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."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Maui County Council Package; Coastal Zone Management Act; Development; Floor Area; Definitions

 

Description:

Amends the definition of "development" in the Coastal Zone Management Act to exclude construction or reconstruction of a single-family residence that is less than five thousand square feet of floor area and meets other criteria.  Defines "floor area" for purposes of the Act.

 

 

 

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