RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

HB1823

HOUSE OF REPRESENTATIVES

H.B. NO.

1823

THIRTY-THIRD LEGISLATURE, 2026

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:

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SECTION
1.
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The legislature finds that the federal
Coastal Zone Management Act establishes a national framework for states and
territories to consider when managing coastal resources and determining potential
impacts on those resources.
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The Act also
authorizes the federal government to provide financial assistance to support coastal
management efforts.

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The
legislature further finds that the Coastal Zone Management Act's permitting
framework is intended to regulate special management area development while
allowing certain activities to proceed without unnecessary delay.
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These activities, expressly excluded from the
statutory definition of "development", are not intended to be subject
to special management area application requirements.

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The
legislature also finds that it is in the public interest to streamline the
delivery of essential public infrastructure, which may be accomplished, in part,
by creating a targeted permitting exemption for state- or county-sponsored infrastructure
improvement projects that are consistent with the applicable county's community
plans.

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Accordingly,
the purpose of this Act is to amend the definition of "development"
as it pertains to coastal zone management areas in the State to:

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(1)
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Clarify that certain activities are excluded
from the definition of "development" and are not subject to special
management area permit applications; and

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(2)
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Exempt from special management area use permit
requirements state- or county-sponsored infrastructure improvement projects
that are consistent with the applicable county's community plans.

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SECTION
2
.
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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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use,
activity, or structure, whether temporary or permanent, on land or in the water
within the shoreline area that is placed, erected, or modified; and

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(2)
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Does not include
the following[
:
]
, and the following shall not be subject to special
management area use permit requirements:

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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 including 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;

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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 was damaged or destroyed in a disaster
proclaimed by the governor to constitute a state of emergency pursuant to
chapter 127A, or a disaster declared pursuant to federal law; provided that:

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(i)
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The structure is
not situated on a shoreline parcel or a parcel that is impacted by waves, storm
surges, high tide, or shoreline erosion;

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(ii)
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Reconstruction
commences within six years from the date that the proclamation is issued; and

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(iii)
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The reconstructed
structure is similar to its original footprint or overall dimensions that were
existing or permitted and in compliance with the requirements of floodplain
management standards;
and

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(X)
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State- or county-sponsored infrastructure
improvement projects; provided that:

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(i)
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The project is proposed, funded,
authorized, or implemented by the State or a county of the State;

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(ii)
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The project is limited to the repair,
maintenance, restoration, replacement, enhancement, or new construction of
public infrastructure, including roads and bridges; water, wastewater,
drainage, and stormwater management facilities; flood control, erosion control,
and coastal resilience projects; public facilities; and public utility systems;

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(iii)
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The project is consistent with the
applicable county's community plan, including any regional, district, or
community-based plan adopted by ordinance; and

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(iv)
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The sponsoring agency issues a written
determination of consistency with the applicable county's community plan,
including citations to relevant policies or implementation actions supporting
the determination;

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provided that [
whenever
]

if
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
3.
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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
4.
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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 5.
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This Act shall take effect upon its approval;
provided that the amendments made to section 205A-22, Hawaii Revised Statutes,
by section 2 of this Act shall not be repealed when that section is reenacted
on July 1, 2028, pursuant to
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section 5
of Act 304, Session Laws of Hawaii 2025.

INTRODUCED BY:

_____________________________

Report Title:

Coastal
Zone Management Act; Special Management Areas; Permitting; Requirements;
Development; Excluded Activities; Public Infrastructure Improvement Projects;
Exemption

Description:

Amends
the definition of "development," as it pertains to coastal zone
management, to
clarify that certain activities are excluded from the
definition of "development" and are not subject to special management
area permit requirements and to exempt state- or county-sponsored
infrastructure improvement projects that are consistent with the applicable
county's community plans.

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not legislation or evidence of legislative intent.