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HB1181
HOUSE OF REPRESENTATIVES
H.B. NO.
1181
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO COASTAL ZONE MANAGEMENT
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section 205A-22, Hawaii Revised Statutes, is
amended by amending the definition of "development" to read as
follows:
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""Development":
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(1)
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Means
any of the uses, activities, or operations on land or in or under water within
a special management area that are included below:
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(A)
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Placement
or erection of any solid material or any gaseous, liquid, solid, or thermal
waste;
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(B)
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Grading,
removing, dredging, mining, or extraction of any materials;
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(C)
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Change
in the density or intensity of use of land, including but not limited to the
division or subdivision of land;
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(D)
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Change
in the intensity of use of water, ecology related thereto, or of access
thereto; and
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(E)
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Construction,
reconstruction, or alteration of the size of any structure; and
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(2)
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Does not include the following:
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(A)
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Construction
or reconstruction of a single-family residence that is less than seven thousand
five hundred 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;
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(B)
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Repair
or maintenance of roads and highways within existing rights-of-way;
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(C)
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Routine
maintenance dredging of existing streams, channels, and drainage ways;
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(D)
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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;
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(E)
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Zoning
variances, except for height, density, parking, and shoreline setback;
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(F)
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Repair,
maintenance, or interior alterations to existing structures;
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(G)
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Demolition
or removal of structures, except those structures located on any historic site
as designated in national or state registers;
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(H)
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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, including all traditional fishpond and traditional
agricultural practices;
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(I)
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Transfer
of title to land;
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(J)
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Creation
or termination of easements, covenants, or other rights in structures or land;
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(K)
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Subdivision of land into lots greater
than twenty acres in size;
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(L)
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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;
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(M)
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Installation
of underground utility lines and appurtenant aboveground fixtures less than
four feet in height along existing corridors;
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(N)
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Structural
and nonstructural improvements to existing single-family residences, where
otherwise permissible;
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(O)
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Nonstructural improvements to existing
commercial or noncommercial structures;
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(P)
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Construction, installation, maintenance,
repair, and replacement of emergency management warning or signal devices and
sirens;
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(Q)
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Installation,
maintenance, repair, and replacement of public pedestrian and bicycle
facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps,
traffic control barriers, signs, signals, and associated improvements;
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(R)
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Trash
removal or invasive vegetation removal or control, including incidental ground
disturbance, excluding the use of herbicides;
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(S)
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Installation
of fencing, including associated improvements and incidental structures, for
invasive species control or preservation of native habitats on conservation
land;
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(T)
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Installation,
maintenance, repair, and replacement of lighting, fixtures, and equipment to
establish compliance with current standards at existing public facilities;
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(U)
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Installation,
maintenance, repair, and replacement of security measures, including fencing,
to existing public facilities; [
and
]
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(V)
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Hawaiian
traditional and customary practices, including work conducted by traditional
means near, in, or related to loko i
`
a, traditional Hawaiian
fishponds;
and
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(W)
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Reconstruction of any lawfully constructed structure that is not
situated on a shoreline parcel or a parcel that is impacted by waves, storm
surges, high tide, or shoreline erosion, substantively similar to its original
footprint or overall dimensions that were damaged or destroyed in a disaster
proclaimed by the governor or a mayor to constitute a state of emergency or
local state of emergency under section 127A-14; provided that the disaster is not
related to tsunami, wave, storm surge, high tide, flooding, erosion, sea level
rise, or subsidence;
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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."
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SECTION 2.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 3.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Coastal
Zone Management; Development; Definition
Description:
Narrows
the scope of the definition of the term "development" in coastal zone
management law by excluding reconstruction of certain lawfully constructed
structures impacted by certain events.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.