Chapter 205A — Chapter 205A

PART I. COASTAL ZONE MANAGEMENT §205A-1 Definitions. As used in this chapter, unless the context otherwise requires: "Agency" means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II.…

§205A-2 Coastal zone management program; objectives and policies. (a) The objectives and policies in this section shall apply to all parts of this chapter. (b) Objectives. (c) Policies.

PART II. SPECIAL MANAGEMENT AREAS §205A-21 Findings and purposes. The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure…

§205A-22 Definitions. As used in this part, unless the context otherwise requires: "Applicant" means any individual, organization, partnership, or corporation, including any utility and any agency of government. "Department" means the planning department of the counties of Kauai,…

§205A-23 County special management area boundaries. (a) The special management area in each county shall be as shown on such maps filed with the authority as of June 8, 1977. (b) On or before December 31, 1979, the authority shall review and pursuant to chapter 91, amend as neces…

§§205A-24 and 205A-25 REPEALED. L 1977, c 188, §§8, 9.

§205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area:

§205A-27 Designation of special management area authority. The authority is designated the special management area authority and is authorized to carry out the objectives, policies and procedures of this part. [L 1975, c 176, pt of §1; am L 1979, c 200, §10]

§205A-28 Permit required for development. No development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part. [L 1975, c 176, pt of §1; am L 1979, c 200, §11]

§205A-29 Special management area use permit procedure. (a) The authority in each county, upon consultation with the central coordinating agency, shall adopt rules under chapter 91 setting the special management area use permit application procedures, conditions under which hearin…

§205A-3 Lead agency. The lead agency shall:

§205A-3.5 Public advisory body; establishment; composition. (a) There is established within the lead agency a public advisory body that shall provide support to the lead agency as set forth in subsection (f). (b) The public advisory body shall be composed of not more than twelve …

§205A-30 Emergency and minor permits. Each county authority shall provide specific procedures consistent with this part for the issuance of special management area emergency permits or special management area minor permits, pursuant to the procedural requirements within this part…

§205A-30.5 Prohibitions. (a) No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes when the light: (b) Subsectio…

§205A-31 REPEALED. L 1979, c 200, §14.

§205A-32 Penalties. (a) Any person who violates any provision of part II or part III shall be liable as follows: (b) In addition to any other penalties, any person who is violating any provision of part II or part III shall be liable for a civil fine not to exceed $10,000 a day f…

§205A-33 Injunctions. Any person or agency violating any provision of this chapter may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the authority or the lead age…

§205A-4 Implementation of objectives, policies, and guidelines. (a) In implementing the objectives of the coastal zone management program, the agencies shall give full consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space values, and coas…

PART III. SHORELINE SETBACKS §205A-41 Definitions. As used in this part, unless the context otherwise requires: "Board approval" means approval by the board of land and natural resources pursuant to chapter 183C. "Department" means the planning department of the counties of Kauai…

§205A-42 Determination of the shoreline. (a) The board of land and natural resources shall adopt rules pursuant to chapter 91 prescribing procedures for determining a shoreline and appeals of shoreline determinations that are consistent with subsection (b); provided that no deter…

§205A-43 Establishment of shoreline setbacks and duties and powers of the department. (a) Setbacks along shorelines are established of not less than forty feet inland from the shoreline. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setb…

§205A-43.5 Powers and duties of the authority. (a) Prior to action on a variance application, the authority shall hold a public hearing under chapter 91. By adoption of rules under chapter 91, the authority may delegate responsibility to the department. Public and private notice,…

§205A-43.6 Enforcement of shoreline setbacks. (a) The department or an agency designated by department rules shall enforce this part and rules adopted pursuant to this part. Any structure or activity prohibited by section 205A-44, that has not received a variance pursuant to this…

§205A-44 Prohibitions. (a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions: (b) Except as provided in this section, structures are prohibited in the shorel…

§205A-45 Shoreline setback lines established by county. (a) The several counties through rules adopted pursuant to chapter 91 or ordinance may require that shoreline setback lines be established at distances greater than that established in this part. (b) The several counties thr…

§205A-46 Variances. (a) A variance may be granted for a structure or activity otherwise prohibited in this part if the authority finds in writing, based on the record presented, that the proposed structure or activity is necessary for or ancillary to: (b) Hardship shall be define…

§205A-47 REPEALED. L 1989, c 356, §16.

§205A-48 Conflict of other laws. In case of a conflict between the requirements of any other state law or county ordinance regarding shoreline setback lines, the more restrictive requirements shall apply in furthering the purposes of this part. Nothing contained in this part shal…

§205A-49 Adoption of rules. Each agency charged with carrying out this part shall adopt rules necessary to implement or comply with this part by July 1, 1990. All rules shall be adopted under chapter 91. [L 1986, c 258, pt of §1; am L 1989, c 356, §15]

§205A-5 Compliance. (a) All agencies shall ensure that their rules comply with the objectives and policies of this chapter and any guidelines enacted by the legislature. (b) All agencies shall enforce the objectives and policies of this chapter and any rules adopted pursuant to t…

§205A-6 Cause of action. (a) Subject to chapters 661 and 662, any person or agency may commence a civil action alleging that any agency: (b) In any action brought under this section, the lead agency, if not a party, may intervene as a matter of right. (c) A court, in any action b…

[PART V. OTHER PROVISIONS] §205A-71 Artificial light on shoreline and ocean waters. (a) Artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes is prohibited when the light: (b) Subsection (a) shall not apply to: (c) The authority shal…