Title 13, Planning And Economic Development

§205-7 Adoption, amendment or repeal of rules. The land use commission shall adopt, amend or repeal rules relating to matters within its jurisdiction in the manner prescribed in chapter 91. [L 1963, c 205, pt of §2; Supp, §98H-7; HRS §205-7; am L 1975, c 193, §6]

§205-8 Nonconforming uses. The lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form may be continued although the use, including lot size, does not conform to this chapter; provided that no non…

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-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-29.5] Special management area use permits; affordable multi-family rental housing; redevelopment. (a) Subject to terms and conditions under section 205A-26, the director of a county planning department may issue a special management area use permit to an applicant to redev…

§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-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-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 IV.] MARINE AND COASTAL AFFAIRS [§205A-61] Definitions. As used in this part: "Exclusive economic zone" or "EEZ" means that area set forth in the Presidential Proclamation 5030 issued on March 10, 1983, whereby the United States proclaimed jurisdiction from the seaward boun…

§205A-62 Duties and responsibilities of the lead agency. The lead agency shall have the following duties and responsibilities:

[§205A-63] Agency duties to coordinate related programs. All agencies managing marine and coastal resources shall:

§205A-64 Public participation. The lead agency and the public advisory body shall involve citizens and interested groups and organizations in the updating and implementation of the plan. [L 1995, c 104, pt of §2; am L 2002, c 16, §7]

[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…

§206-1 Definitions. Unless a different meaning clearly appears from the context, as used in this chapter: "Board" means the board of land and natural resources as provided in chapter 26. "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations. "Deve…

§206-10 Restrictions on sale and use of residential lots by purchaser. (a) For a period of five years after the date of purchase of any lot under this chapter (which date shall be deemed to be the date of the agreement of sale or deed under which the lot was originally purchased …

§206-11 Breach, mortgaging, effect of breach, etc. (a) Effect of breach of restriction. Except as otherwise provided in this chapter any sale or attempted sale, contract, or conveyance contrary to section 206-10 shall be void. Any use contrary to section 206-10 may be enjoined by…

§206-12 Requirement to develop. Any land acquired by the board of land and natural resources, which is not subdivided and developed either by the board or a private developer, or is not in the process of subdivision and development for residential use, within two years from the d…

§206-13 Power to lease, pledge, or mortgage. The board of land and natural resources also may lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures, or facilities embraced in any development project until such time as it is practica…

§206-14 Cooperative agreements with other government agencies. The board of land and natural resources may obtain the aid and cooperation of governments in the planning, construction, and operation of development projects and enter into such agreements and arrangements as it deem…

§206-15 Hearings, witnesses, etc. The board of land and natural resources may hold hearings for the purpose of receiving evidence and, in addition, may exercise all the powers set forth in section 92-16. All these hearings shall be public. The board may require such agencies, boa…

§206-16 Investment of reserves. The board of land and natural resources may invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control…

§206-17 Additional powers. The board of land and natural resources, in addition to its powers and notwithstanding anything to the contrary contained in this chapter or in any other provision of law, may:

§206-18 Security for funds deposited by board. The board of land and natural resources may, by resolution, provide that any moneys deposited by it shall be secured: