RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

SB2546

THE SENATE

S.B. NO.

2546

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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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 clarify that certain activities excluded from
the definition of "development" and are not subject to special
management area permit applications.

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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;

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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 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; Exemption

Description:

Amends
the definition of "development" as it pertains to coastal zone
management to clarify that certain activities excluded from the definition of
"development" are not subject to special management area permit
requirements.

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