Haw. Code R. § 15-150-26 - Variances

(a) All structures and activities within the shoreline area, otherwise prohibited shall require a variance. A variance may be granted for a structure or activity otherwise prohibited in this subchapter if the director finds in writing, based on the record presented, that the proposed structure or activity is necessary for or ancillary to the following:

(1) Cultivation of crops;

(2) Aquaculture;

(3) Landscaping; provided that the lead agency finds that the proposed structure or activity will not adversely affect beach processes and will not artificially fix the shoreline;

(4) Drainage;

(5) Boating, maritime, or water sports recreational facilities;

(6) Facilities or improvements by public agencies or public utilities regulated under chapter 269, HRS;

(7) Private facilities or improvements that are clearly in the public interest;

(8) Private facilities or improvements that will not adversely affect beach processes, result in flanking shoreline erosion, or artificially fix the shoreline; provided that the lead agency may consider any hardship that will result to the applicant if the facilities or improvements are not allowed within the shoreline area;

(9) Private facilities or improvements that may artificially fix the shoreline; provided that the lead agency may consider hardship to the applicant if the facilities or improvements are not allowed within the shoreline area; provided further that a variance to artificially fix the shoreline shall not be granted in areas with sand beaches or where artificially fixing the shoreline may interfere with existing recreational and waterline activities unless the granting of the variance is clearly demonstrated to be in the interest of the general public; or

(10) Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline; provided that the lead agency also finds that moving of sand will not adversely affect beach processes, will not diminish the size of a public beach, and will be necessary to stabilize an eroding shoreline.

(b) No variance shall be granted unless appropriate conditions are imposed:

(1) To maintain safe lateral access to and along the shoreline or adequately compensate for its loss;

(2) To minimize risk of adverse impacts on beach processes;

(3) To minimize risk of structures failing and becoming loose rocks, sharp or otherwise dangerous debris, or rubble on public property; and

(4) To minimize adverse impacts on public views to, from, and along the shoreline.

Notes

Haw. Code R. § 15-150-26

[Eff 2/25/2000; am and comp 4/17/2009; comp ] (Auth: HRS §§ 205A-46, 206E-8.5) (Imp: HRS §§ 91-2, 206E-8.5) Am and comp 10/21/2021