New proposed rules that would expand Hawaii County’s shoreline setback have been postponed.
A joint meeting of the Windward and Leeward Planning Commissions on Thursday discussed a series of proposed revisions to the county’s planning rules that would double the 20-foot shoreline setback in order to mitigate the effects of sea level rise.
The revisions, which were drafted in order to conform with Act 16 — a law passed by the state Legislature in 2020 that expanded the state’s coastal zone management laws — would require all new developments to be located at least 40 feet inland from a shoreline.
Any existing developments between the 20- and 40-foot margins would not be allowed to be enlarged, rebuilt or replaced without obtaining a shoreline setback variance from the county, although repairs and maintenance would be permitted.
In addition, existing shoreline lots will not be granted exemptions to the new boundaries if the new setback encompasses more than 50% of the property.
The proposed revisions also make various other changes, including new definitions for terms like “beach” and “coastal hazard,” and a change in how the Planning Department handles parcels containing historic sites.
This last point generated a lengthy debate Thursday. Leeward Planning Commissioner Michael Vitousek took issue with rules streamlining the documentation required to prove that a given site doesn’t contain historic resources.
Currently, property owners are required to submit an archaeological inventory report to the State Historic Preservation Division, receive a “no effect” letter from that division, and submit a copy of that correspondence to the Planning Department to get their application approved. But the proposed new rules simply require applicants submit a written description and plot plan showing any “known historic, archaeological and cultural resources.”
Vitousek said he understood the logic behind the rule change, but suggested that the rules include a standard procedure involving third-party consultants for generating such an archaeological description.
“The thing is, we’ve often gotten hung up where the Planning Department has received an application, it goes to SHPD for review, they’re unable to complete the review within the statutory time period, but the Planning Department’s unable to move forward because they don’t have the internal expertise to make a determination on a historic property,” Vitousek said, suggesting instead that a third-party archaeological assessment could be submitted with an application to make up for delays in the SHPD review.
But Planning Director Zendo Kern noted that such a suggestion would effectively require all planning applicants hire an archaeologist, which could be an unfeasible cost burden for an applicant.
At no point during Thursday’s hearing did a commissioner raise concerns regarding the expansion of the setback.
After a lengthy discussion, the commissioners opted to postpone the matter for further revisions, and scheduled another joint hearing for June 2.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
