Haw. Code R. § 13-222-16 - Field survey

(a) The shoreline and the legal seaward boundary of the property shall be properly located, and marked, by instrument survey by a land surveyor licensed in accordance with chapter 464, Hawaii Revised Statutes, as amended.

(b) The licensed land surveyor shall utilize the following criteria in locating and marking the shoreline:

(1) When the legal seaward boundary of the property is located mauka or inland of the shoreline, both the seaward corners of the property line and the intersections of the extension of the side property boundaries and the shoreline shall be marked.

(2) When filled land is involved, both the shoreline prior to the fill and the existing shoreline shall be marked.

(3) When an irregular shoreline, such as a rocky coast or sand beach, measures 100 feet or more in length, intermediate points shall be marked on the ground, identified on the map, and shown on photographs.

(4) On sandy beaches where permanent identification marks such as pipes protruding above the sand would create a dangerous situation, other existing permanent features or improvements such as trees, hedges, buildings and other structures may be used to reference the shoreline and shall be indicated on the map.

(5) When the seaward face of an artificial structure is only a portion of the shoreline, both ends of the structure shall be marked.

(6) On cliffs or ledges where a ground survey of the shoreline may be extremely difficult, the top of the cliff or ledge may be marked and depicted as the shoreline on the map.

(7) Where an artificial wall seaward of the natural shore is used to create a fishpond, the shoreline shall be at the natural shore and not at the artificial outer wall.

(8) When the shoreline is interrupted by a river or stream, both sides of the river or stream shall be marked at the shoreline.

(9) When the shoreline has been altered by subsidence due to earthquake, storm or tidal waves, the shoreline shall be marked at the existing shoreline and if physically possible, the shoreline prior to the property loss shall be marked.

(10) When the shoreline is located at a seawall, the seaward face of the seawall shall be marked and identified on the map.

(11) When the shoreline is located at a revetment, the bottom ("toe") of the revetment shall be marked and identified on the map.

(12) In locating the edge of vegetation or the upper limit of debris, the licensed land surveyor shall take into consideration the natural physical features on the ground (i.e., type of vegetation, elevation of the area, salt deposits, coloration of rock formations, wetline, etc.).

(13) When a shoreline has been permanently altered by the development of a harbor, lagoon, marina, or other water facility, the shoreline shall be at the mouth of the harbor, lagoon, marina, or water facility; provided, however, that this provision shall not apply where the harbor, lagoon, marina or water facility consists of both natural as well as artificial shorelines (i.e., Pearl Harbor).

Notes

Haw. Code R. § 13-222-16

[Eff 12/10/88; am and comp MAR 29 2003] (Auth: HRS §§ 205A-42, 205A-49) (Imp: HRS § 205A-42)