Haw. Code R. § 15-150-6 - Review guidelines

The following guidelines shall be used by the lead agency for the review of developments proposed in the special management area:

(1) All development in the special management area shall be subject to reasonable terms and conditions set by the lead agency to ensure that:

(A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles;

(B) Adequate and properly located public recreation areas and wildlife preserves are reserved;

(C) Provisions are made for solid and liquid waste treatment, disposition, and management that will minimize adverse effects upon special management area resources;

(D) Alterations to existing landfarms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources, beaches, coastal dunes, and scenic and recreational amenities and minimize impacts from floods, wind damage, storm surge, landslides, erosion, sea level rise, siltation, or failure in the event of earthquake; and

(E) Artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes does not directly illuminate the shoreline and ocean waters and is not directed to travel across property boundaries toward the shoreline and ocean waters, except as provided in sections 205A-30.5(b) and 205A-71(b), HRS.

(2) No development shall be approved unless the lead agency has first found that:

(A) The development will not have any significant adverse environmental or ecological effect except as any adverse effect is minimized to the extent practicable and clearly outweighed by public health and safety, or compelling public interests. Those adverse effects shall include but not be limited to the potential cumulative impact of individual developments, each of which taken by itself might not have a significant adverse effect and the elimination of planning options; and

(B) The development is consistent with the objectives and policies established in section 205A-2, HRS, and the special management area guidelines contained in section 205A-26, HRS.

(3) The lead agency shall seek to minimize, where reasonable:

(A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon;

(B) Any development that would reduce the size of any beach or other area usable for public recreation;

(C) Any development that would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management area and the mean high tide line where there is no beach;

(D) Any development that would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast;

(E) Any development that would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land.

Notes

Haw. Code R. § 15-150-6

[Eff 2/25/2000; am and comp 4/17/2009; comp ] (Auth: HRS §§ 205A-26, 205A-30.5, 205A-71, 206E-8.5) (Imp: HRS §§ 91-2, 206E-8.5) Comp 10/21/2021