Bill Text: HI HB1537 | 2014 | Regular Session | Introduced
Bill Title: Coastal Dunes; Coastal Zone Management; DLNR; Beach Restoration
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2014-01-30 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) McDermott, Takai, Woodson excused (3). [HB1537 Detail]
Download: Hawaii-2014-HB1537-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1537 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to conservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the beaches and shorelines of Hawaii are among the State's most valuable natural assets. However, coastal erosion and beach loss have reached a level of high concern. Given the current trends of rising global sea levels and increased coastal development, coastal erosion is expected to continue to be an environmental, societal, cultural, and economic concern for the foreseeable future.
The legislature further finds that all beaches of the State require proper long-term, comprehensive management that will:
(1) Help to protect development from coastal hazards;
(2) Conserve and protect the beaches;
(3) Preserve recreational uses of coastal resources; and
(4) Minimize future impacts to the coastal ecosystem.
With long-term sea-level rise and without necessary coastal management planning, these issues will become more critical.
The legislature also finds that accreted beach land, in the form of coastal dunes and dry beach area, is an integral part of the State's beach system. Accreted land holds the fragile carbonate sands, which the active beach relies upon during periods of episodic erosion. These same lands will once again transition back into active beach area as the shoreline migrates and the sea-level rises.
The legislature finds that, as sand accumulates, plants adapted to the beach environment emerge, stabilizing the surface and promoting further dune formation. Coastal dunes act as flexible barriers to ocean storm surges and waves, protect low-lying backshore areas, and serve as sand reservoirs for beach nourishment. However, coastal dunes are highly sensitive to human activities and require limited interaction with humans to ensure their preservation.
The purpose of this Act is to require the department of land and natural resources to administer a permit program for grading and grubbing within shoreline areas of the State.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171- Grading and grubbing permit within shoreline area; bond; penalty. (a) The department shall administer a permit program for grading and grubbing within a shoreline area.
(b) No person shall commence or perform, within a shoreline area, any:
(1) Grading or stockpiling without a grading permit;
(2) Grubbing without a grubbing permit, except where grubbing concerns land for which a grading permit has been issued; or
(3) Excavating or filling.
(c) An applicant for a grading or grubbing permit pursuant to this section shall submit the following to the department:
(1) If a coastal dune is located on the property, a written evaluation and a map determining the limits of the coastal dune prepared by a coastal scientist or an engineer with experience in coastal processes; provided that the determination of the limits of the coastal dune shall be subject to approval by the department;
(2) If a special management area permit is required by the county in which the property is located, a copy of the permit; and
(3) A plot plan clearly showing the limits of the shoreline setback area and the limits of the coastal dune; provided that the plot plan shall state that grading of the coastal dune is prohibited pursuant to this section.
(d) A grading permit shall not be issued for any stockpiling involving quantities more than five hundred cubic yards or for work being done in increments of five hundred cubic yards or less that is part of a larger development unless the applicant first files a bond for the benefit of the State; provided that a bond shall not be required under this subsection if the proposed grading is to be performed under an approved subdivision plan and a subdivision bond has been filed. The applicant may file a bond guaranteed by a surety company duly authorized to transact business within the State or may deposit cash in lieu of a bond guaranteed by a surety company; provided that the State shall not pay interest on cash deposits.
(e) All grading, grubbing, and stockpiling activities within a shoreline area shall adhere to best management practices to the maximum extent practicable to prevent damage by sedimentation to streams, watercourses, natural areas, and the property of others. It shall be the permittee's and the property owner's responsibility to ensure that the best management practices are satisfactorily implemented.
(f) Grading of a coastal dune or frontal dune within a shoreline area shall be prohibited, except that:
(1) Sand may be imported and placed on the area of a coastal dune mauka of the shoreline, with a grading permit issued pursuant to this section, for the purpose of rebuilding or enhancing the protective capacity and environmental quality of the coastal dune; and
(2) Upon prior approval by the department, sand that is blocking a drainage outlet may be removed to the minimum depth necessary to allow for the passage of flood waters; provided that any sand removed shall be placed on the adjacent shoreline.
(g) Violation of any provision of this section shall be punishable by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or both. Each day of each violation shall constitute a separate offense.
(h) Any county may adopt rules or ordinances that place stricter limitations on grading or grubbing within a shoreline area than restrictions provided in this section.
(i) The board shall adopt rules pursuant to chapter 91 to implement this section.
(j) For the purposes of this section:
"Best management practices" means activities, practices, facilities, and procedures that, when implemented pursuant to rules adopted by the board, to the maximum extent practicable, shall prevent pollutants, including sediment and other contaminants, in discharges from a construction site. Best management practices include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw storage. Best management practices may include a schedule of activities, the prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State.
"Coastal dune" means one of several continuous or nearly continuous mounds or ridges of unconsolidated sand contiguous and parallel to the beach, situated so that it may be accessible to storm waves and seasonal waves for release to the beach or offshore waters.
"Excavating" means any act by which soil, sand, gravel, rock, or any similar material is cut into, dug, uncovered, removed, displayed, relocated, or bulldozed.
"Filling" means any act by which soil, sand, gravel, rock, or any other material is deposited, placed, pushed, dumped, transported, or moved to a new location.
"Frontal dune" means the first dune encountered mauka of the beach.
"Grubbing" means any act by which vegetation, including trees, timber, shrubbery, and plants, is uprooted and removed from the surface of the ground.
"Shoreline area" shall have the same meaning as defined in section 205A-41.
"Stockpiling" means the open storage of earth materials upon any premises exposed to wind or water and not inside a building."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
Report Title:
DLNR; Shoreline; Conservation; Permit; Grading; Grubbing; Penalties
Description:
Requires the DLNR to administer a permit program for grading and grubbing within shoreline areas of the State. Establishes penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
