Haw. Code R. § 13-222-17 - Identification of shoreline on map

The map to be submitted for shoreline certification shall be prepared utilizing the following criteria in addition to those listed in § 13-222-16:

(1) When the shoreline includes a river or stream, a straight line joining the marked sides of the river or stream shall indicate the shoreline across the river or stream.

(2) All artificial structures, (i.e. seawalls, revetments, docks, piers, groins, etc.) shall be shown on the map together with their relative position to the property line.

(i) If the structure is makai or seaward of the legal seaward boundary of the property, proper documentation, such as a building permit, written authorization of governmental agency permitting construction of the structure, proof of accretion prior to construction of the structure, or any other document indicating that the structure was legally constructed, shall accompany the application for shoreline certification; and

(ii) When the structure is located mauka or inland of the legal seaward boundary of the property and the seaward face of the wall is the shoreline, the map shall show the erosion in the manner prescribed in subsection (3).

(3) When the field survey reveals erosion along the legal seaward boundary of the property, the map shall show:

(i) The new and old distance of the property along its side boundaries;

(ii) The new metes and bounds along the shoreline and the legal seaward boundary of the property;

(iii) The new area of the property as well as of the eroded area; and

(iv) The prior certified shoreline, if any, noted with its certification date.

(4) When the field survey reveals accretion, the map shall show:

(i) The old metes and bounds of the property and its area;

(ii) The distance from the legal seaward boundary of the property to the shoreline along the extension of the side property boundaries;

(iii) The prior certified shoreline, if any, noted with its certification date; and

(iv) The certified map determining the shoreline shall not establish or purport to convey title to accreted land. Title to accreted land shall be determined by court decree pursuant to law.

(5) When a field survey reveals that the land has been filled, the map shall show:

(i) The old metes and bounds of the property and its area;

(ii) The distance from the legal seaward boundary of the property to the shoreline along the extension of the side property boundaries;

(iii) The prior certified shoreline, if any, noted with its certification date;

(iv) If there is no prior certified shoreline, then the shoreline as it may have existed prior to the fill; and

(v) Unless legal title can be shown to the contrary, all filled areas shall designate "State of Hawaii" as owner and shall be treated as an encroachment under § 13-222-19.

(6) When surveying a fishpond, adjoining the ocean, the artificial wall seaward of the natural shore of the fishpond shall be shown on the map. The area of the fishpond and its ownership shall also be designated.

(7) When the field survey reveals loss of property by subsidence due to earthquake, or storm or tidal waves, the map shall show:

(i) The metes and bounds of the property and its area before and after the property loss;

(ii) The new area of the property as well as the area lost due to the subsidence;

(iii) The new and old distance of the property along its side property boundaries; and

(iv) The prior certified shoreline, if any, noted with its certification date.

(8) New land created by a lava flow shall designate the "State of Hawaii" as owner.

Notes

Haw. Code R. § 13-222-17

[Eff 12/10/88; comp MAR 29 2003] (Auth: HRS §§ 205A-42, 205A-49) (Imp: HRS §§ 205A-42, 183-45, 501-33, 669-1(e))