SB 2401
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-05-06
Current Status:
Passed
(2026-07-09: Act 207, on 07/08/2026 (Gov. Msg. No. 1309).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This amendment requires shoreline adaptation pathways plans to be developed with community-engaged planning that weighs impacts on public trust resources (like public beaches and access), private property, and the social, cultural, environmental, and economic effects, and that compares alternative options. It also lets applicants use approved plans to seek conservation district permits that prioritize preserving public trust resources, and allows the board to extend temporary erosion-control permits beyond emergency periods if the applicant shows a genuine effort to develop a regional long-term plan and can remove the temporary measures.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. (CD2)
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. (CD1)
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Effective 7/1/3000. (HD2)
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Requires OPSD to coordinate shoreline adaptation pathways planning with the Department of Land and Natural Resources, applicable county and federal agencies, and the community. Requires OPSD to collaborate with community stakeholders and consider certain criteria when developing a shoreline adaptation pathways plan. Requires OPSD, upon finalization of a shoreline adaptation pathways plan to transmit the plan to the Board of Land and Natural Resources for approval. Authorizes BLNR to adopt a shoreline adaptation pathways plan after determining that the plan satisfies certain requirements. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Establishes the support and integration of shoreline adaptation pathways planning as a policy under the Coastal Zone Management Program. Appropriates funds. Effective 7/1/3000. (HD1)
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by the Office. Requires OPSD to coordinate shoreline adaptation pathways planning with the Department of Land and Natural Resources, applicable county planning department, and the community. Requires OPSD to collaborate with community stakeholders and consider certain criteria when developing a shoreline adaptation pathways plan. Requires OPSD, upon finalization of a shoreline adaptation pathways plan to transmit the plan to the Board of Land and Natural Resources for approval. Authorizes BLNR to adopt a shoreline adaptation pathways plan after determining that the plan satisfies certain requirements. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Establishes the support and integration of shoreline adaptation pathways planning as a policy under the coastal zone management program. Appropriates funds. Effective 1/1/2065. (SD1)
Authorizes the Office of Planning and Sustainable Development to approve the establishment of regional shoreline mitigation districts to facilitate regional coordination by shoreline property owners to address coastal erosion. Requires the preparation of a regional coastal erosion and sediment management plan for each regional shoreline mitigation district. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Establishes the support and integration of regional coastline erosion and sediment management planning as a policy under the coastal zone management program. Appropriates moneys and establishes 1.0 FTE temporary position.
HOUSE OF REPRESENTATIVES
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AMENDMENT TO: |
Senate Bill No. 2401, S.D. 1, H.D. 2, C.D. 1 |
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OFFERED BY: |
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DATE: |
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Section 1. Senate Bill No. 2401, S.D.1, H.D. 2, C.D. 1, section 2, is amended by:
1. Amending page 6, lines 11-17 to read as follows:
"(f) Any shoreline adaptation pathways plan shall engage in community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources; impacts to private property; the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered; and a comparison of potential alternative options."
2. Amending page 6, line 18 to page 7, line 11 to read as follows:
"(g) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration; provided that the plan:
(1) Satisfies the requirements of this section;
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways to best preserve public trust resources, public beaches, public access, and that may secondarily also reduce the risk of loss of structures along shoreline properties."
Section 2. Senate Bill No. 2401, S.D.1, H.D. 2, C.D. 1, section 3, is amended by:
1. Amending page 10, line 17 to page 11, line 4 to read as follows:
"(f) An applicant may submit to the board a shoreline adaptation pathways plan that meets the requirements of 225M- . The board, upon approval of the plan, may approve an application for a conservation district use permit for a shoreline adaptation pathway that is consistent with the shoreline adaptation pathways plan and prioritizes the preservation of public trust resources. Nothing in this section shall limit the authority or discretion of the board to impose conditions on or deny the application."
2. Amending page 11, lines 5-19 to read as follows:
"(g) The board may authorize a permit for temporary erosion control measures where an immediately dangerous shoreline condition affecting a structure has extended beyond the period authorized under an emergency permit. The applicant shall demonstrate a concerted effort to develop and implement a long-term shoreline adaptation pathways plan that prioritizes the preservation of public trust resources and that will allow the temporary erosion control measures to be removed. The applicant shall demonstrate the capacity to provide for the removal of the temporary erosion control measures.
For the purposes of this subsection, "concerted effort" means a bona fide effort to develop and implement a shoreline adaption pathways plan within a regional shoreline mitigation district pursuant to section 225M- .""
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SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
TO: Senate Bill No. 2401, S.D. 1, H.D. 2, C.D. 1
Section 1. Senate Bill No. 2401, S.D.1, H.D. 2, C.D. 1, section 2, is amended by:
1. Amending page 6, lines 11-17 to read as follows:
"(f) Any shoreline adaptation pathways plan shall engage in community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources; impacts to private property; the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered; and a comparison of potential alternative options."
2. Amending page 6, line 18 to page 7, line 11 to read as follows:
"(g) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration; provided that the plan:
(1) Satisfies the requirements of this section;
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways to best preserve public trust resources, public beaches, public access, and that may secondarily also reduce the risk of loss of structures along shoreline properties."
Section 2. Senate Bill No. 2401, S.D.1, H.D. 2, C.D. 1, section 3, is amended by:
1. Amending page 10, line 17 to page 11, line 4 to read as follows:
"(f) An applicant may submit to the board a shoreline adaptation pathways plan that meets the requirements of 225M- . The board, upon approval of the plan, may approve an application for a conservation district use permit for a shoreline adaptation pathway that is consistent with the shoreline adaptation pathways plan and prioritizes the preservation of public trust resources. Nothing in this section shall limit the authority or discretion of the board to impose conditions on or deny the application."
2. Amending page 11, lines 5-19 to read as follows:
"(g) The board may authorize a permit for temporary erosion control measures where an immediately dangerous shoreline condition affecting a structure has extended beyond the period authorized under an emergency permit. The applicant shall demonstrate a concerted effort to develop and implement a long-term shoreline adaptation pathways plan that prioritizes the preservation of public trust resources and that will allow the temporary erosion control measures to be removed. The applicant shall demonstrate the capacity to provide for the removal of the temporary erosion control measures.
For the purposes of this subsection, "concerted effort" means a bona fide effort to develop and implement a shoreline adaption pathways plan within a regional shoreline mitigation district pursuant to section 225M- .""
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Offered by: |
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( ) Failed to Carry
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( ) Withdrawn
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THE SENATE |
S.B. NO. |
2401 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 2 |
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A BILL FOR AN ACT
RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's beaches and shorelines are some of the State's most critical public assets. Public beaches often define their surrounding communities and are invaluable assets at the center of Hawaii's economy and way of life for local residents. However, accelerating shoreline erosion, wave impacts, and coastal hazards are threatening public beaches, shoreline properties, and infrastructure across the State. Given these impacts, effective shoreline planning for the short- and long-term will require collaboration among communities and regional shoreline property owners and interagency coordination.
The legislature further finds that the office of planning and sustainable development serves a statewide planning and coordination role and is well-positioned to facilitate interagency coordination and regional shoreline planning efforts.
The legislature also finds that a statewide framework is needed to support the development and adoption of short- and long-term shoreline management plans and the use of collective financing mechanisms for regional shoreline management property acquisition and projects. Adaptation pathways planning to address sea level rise and preserve the State's beaches provides a mechanism to propose both short- and long-term solutions, including beach management and erosion mitigation; retreat from the coastline; and time for planning and implementation of these solutions.
The purpose of this Act is to establish a shoreline adaptation pathways planning framework under chapter 225M, Hawaii Revised Statutes, by creating regional shoreline mitigation districts in which communities can work together to develop shoreline adaptation pathways plans.
SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§225M- Shoreline adaptation pathways planning. (a) The office shall serve in a planning and coordination role to develop shoreline adaptation pathways plans for designated regional shoreline mitigation districts. The office shall:
(2) Assist state and county permitting and regulatory agencies by facilitating engagement and participation by community stakeholders; shoreline property owners; state, county, and federal agencies; and others as may be appropriate in the planning process; and
(3) Provide technical assistance and planning guidance in the preparation of shoreline adaptation pathways plans specific to each designated regional shoreline mitigation district.
(b) The designation of a regional shoreline mitigation district shall be for planning purposes only and shall not constitute approval of any specific shoreline adaptation pathway or project.
(c) When designating a regional shoreline mitigation district and developing a shoreline adaptation pathways plan, the office shall engage and work collaboratively with:
(1) The department of land and natural resources;
(2) The applicable county planning department;
(3) Affected shoreline property owners within the regional shoreline mitigation district; and
(4) Local businesses, community organizations, groups and individuals in the surrounding community.
(d) Each shoreline adaptation pathways plan shall include the elements and criteria required under this part, including but not limited to:
(1) An assessment of the public trust resources that are at risk within the regional shoreline mitigation district, and their value to the surrounding and broader community and economy;
(2) An assessment of shoreline structures that are at risk within the regional shoreline mitigation district, and their value to the shoreline property owners;
(3) An analysis of potential shoreline adaptation pathways appropriate to the regional shoreline mitigation district;
(4) An analysis of the social, cultural, environmental, and economic impacts for shoreline adaptation pathways plans;
(5) The identification of any federal authorizations, permits, or approvals required to implement the shoreline adaptation pathways plan, including consultation with the United States Army Corps of Engineers, if appropriate;
(6) Identification and coordination among the State, counties, and affected shoreline property owners to address ownership, maintenance, and other jurisdictional issues necessary to implement shoreline adaptation pathways within the regional shoreline mitigation district; and
(7) Viable financing tools for shoreline adaptation pathways plans, including:
(A) Private financing;
(B) Special assessment districts;
(C) Community facilities districts;
(D) Tax increment financing;
(E) Issuance of bonds; and
(F) Any other available financing tool.
(e) Any shoreline adaptation pathways plan shall prioritize the preservation of the public trust resources at risk within the regional shoreline mitigation district, including public beaches and dunes; shall protect and maintain lateral public beach access along the shoreline; and may include the protection of shoreline properties.
(f) Any shoreline adaptation pathways plan shall engage in community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources; impacts to private property; the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered; and a comparison of potential alternative options.
(g) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration; provided that the plan:
(1) Satisfies the requirements of this section;
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways to best preserve public trust resources, public beaches, public access, and that may secondarily also reduce the risk of loss of structures along shoreline properties.
(h) For the purposes of this section:
"Functionally connected sediment cell or littoral subcell" means a shoreline reach in which sediment transport processes operate as a unified system such that erosion or shoreline modification within one portion measurably influences conditions elsewhere within the reach.
"Office" means the office of planning and sustainable development.
"Regional shoreline mitigation district" means a designated coastal area comprising one or more functionally connected sediment cells or littoral subcells and adjacent shoreline and nearby properties, established for purposes of coordinated shoreline protection and adaptation planning and implementation.
"Shoreline adaptation pathway" means a structural, non‑structural, nature-based, hybrid, temporary, or permanent measure, including beach and dune restoration, armoring, elevating and floodproofing infrastructure, property acquisition, relocation, or retreat, needed to preserve public beaches, lower the risk of flooding and loss due to shoreline erosion, coastal flooding or shoreline hazard conditions over time.
"Shoreline adaptation pathways plan" means a coordinated regional shoreline management plan outlining the shoreline adaptation pathways appropriate for a specific regional shoreline mitigation district."
SECTION 3. Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:
"§183C-6 Permits and site plan approvals. (a) The department shall regulate land use in the conservation district by the issuance of permits.
(b) The department shall render a decision on
a completed application for a permit within one hundred eighty days of its
acceptance by the department. If within one hundred eighty days after
acceptance of a completed application for a permit, the department [shall
fail] fails to give notice, hold a hearing, and render a decision,
the owner may automatically put the owner's land to the use or uses requested
in the owner's application. When an environmental impact statement is required
pursuant to chapter 343, or when a contested case hearing is requested pursuant
to chapter 91, the one hundred eighty days shall be extended an additional
ninety days beyond the time necessary to complete the requirements of chapter
343 or chapter 91. Any request for additional extensions by the applicant
shall be subject to the approval of the board.
(c) The department shall hold a public hearing
in every case involving the proposed use of land for commercial purposes, at
which hearing interested persons shall be afforded a reasonable opportunity to
be heard. Public notice of the time and place of the hearing shall be given at
least once statewide and in the county in which the property is located. The
notice shall be given [not less] no later than twenty days [prior
to] before the date set for the hearing. The hearing shall be held
in the county in which the land is located and may be delegated to an agent or
representative of the board as may otherwise be provided by law and in
accordance with rules adopted by the board. For the purposes of its public
hearing or hearings, the department shall have the power to summon witnesses,
administer oaths, and require the giving of testimony. [As used in] For
the purposes of this subsection, the term "commercial purposes"
shall not include the use of land for utility purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2.
(f) An applicant may submit to the board a shoreline adaptation pathways plan that meets the requirements of 225M- . The board, upon approval of the plan, may approve an application for a conservation district use permit for a shoreline adaptation pathway that is consistent with the shoreline adaptation pathways plan and prioritizes the preservation of public trust resources. Nothing in this section shall limit the authority or discretion of the board to impose conditions on or deny the application.
(g) The board may authorize a permit for temporary erosion control measures where an immediately dangerous shoreline condition affecting a structure has extended beyond the period authorized under an emergency permit. The applicant shall demonstrate a concerted effort to develop and implement a long-term shoreline adaptation pathways plan that prioritizes the preservation of public trust resources and that will allow the temporary erosion control measures to be removed. The applicant shall demonstrate the capacity to provide for the removal of the temporary erosion control measures.
For the purposes of this subsection, "concerted effort" means a bona fide effort to develop and implement a shoreline adaption pathways plan within a regional shoreline mitigation district pursuant to section 225M- ."
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026.
Report Title:
OPSD; Regional Shoreline Mitigation Districts; Coastal Erosion; Shoreline Adaptation Pathways Planning; Permits
Description:
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. (CD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
TO: Senate Bill No. 2401, S.D. 1, H.D. 2, C.D. 1
Section 1. Senate Bill No. 2401, S.D.1, H.D. 2, C.D. 1, section 2, is amended by:
1. Amending page 6, lines 11-17 to read as follows:
"(f) Any shoreline adaptation pathways plan shall engage in community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources; impacts to private property; the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered; and a comparison of potential alternative options."
2. Amending page 6, line 18 to page 7, line 11 to read as follows:
"(g) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration; provided that the plan:
(1) Satisfies the requirements of this section;
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways to best preserve public trust resources, public beaches, public access, and that may secondarily also reduce the risk of loss of structures along shoreline properties."
Section 2. Senate Bill No. 2401, S.D.1, H.D. 2, C.D. 1, section 3, is amended by:
1. Amending page 10, line 17 to page 11, line 4 to read as follows:
"(f) An applicant may submit to the board a shoreline adaptation pathways plan that meets the requirements of 225M- . The board, upon approval of the plan, may approve an application for a conservation district use permit for a shoreline adaptation pathway that is consistent with the shoreline adaptation pathways plan and prioritizes the preservation of public trust resources. Nothing in this section shall limit the authority or discretion of the board to impose conditions on or deny the application."
2. Amending page 11, lines 5-19 to read as follows:
"(g) The board may authorize a permit for temporary erosion control measures where an immediately dangerous shoreline condition affecting a structure has extended beyond the period authorized under an emergency permit. The applicant shall demonstrate a concerted effort to develop and implement a long-term shoreline adaptation pathways plan that prioritizes the preservation of public trust resources and that will allow the temporary erosion control measures to be removed. The applicant shall demonstrate the capacity to provide for the removal of the temporary erosion control measures.
For the purposes of this subsection, "concerted effort" means a bona fide effort to develop and implement a shoreline adaption pathways plan within a regional shoreline mitigation district pursuant to section 225M- .""
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Offered by: |
( ) Carried
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( ) Failed to Carry
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( ) Withdrawn
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THE SENATE |
S.B. NO. |
2401 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's beaches and shorelines are some of the State's most critical public assets. Public beaches often define their surrounding communities and are invaluable assets at the center of Hawaii's economy and way of life for local residents. However, accelerating shoreline erosion, wave impacts, and coastal hazards are threatening public beaches, shoreline properties, and infrastructure across the State. Given these impacts, effective shoreline planning for the short- and long-term will require collaboration among communities and regional shoreline property owners and interagency coordination.
The legislature further finds that the office of planning and sustainable development serves a statewide planning and coordination role and is well-positioned to facilitate interagency coordination and regional shoreline planning efforts.
The legislature also finds that a statewide framework is needed to support the development and adoption of short- and long-term shoreline management plans and the use of collective financing mechanisms for regional shoreline management property acquisition and projects. Adaptation pathways planning to address sea level rise and preserve the State's beaches provides a mechanism to propose both short- and long-term solutions, including beach management and erosion mitigation; retreat from the coastline; and time for planning and implementation of these solutions.
The purpose of this Act is to establish a shoreline adaptation pathways planning framework under chapter 225M, Hawaii Revised Statutes, by creating regional shoreline mitigation districts in which communities can work together to develop shoreline adaptation pathways plans.
SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§225M- Shoreline adaptation pathways planning. (a) The office shall serve in a planning and coordination role to develop shoreline adaptation pathways plans for designated regional shoreline mitigation districts. The office shall:
(2) Assist state and county permitting and regulatory agencies by facilitating engagement and participation by community stakeholders; shoreline property owners; state, county, and federal agencies; and others as may be appropriate in the planning process; and
(3) Provide technical assistance and planning guidance in the preparation of shoreline adaptation pathways plans specific to each designated regional shoreline mitigation district.
(b) The designation of a regional shoreline mitigation district shall be for planning purposes only and shall not constitute approval of any specific shoreline adaptation pathway or project.
(c) When designating a regional shoreline mitigation district and developing a shoreline adaptation pathways plan, the office shall engage and work collaboratively with:
(1) The department of land and natural resources;
(2) The applicable county planning department;
(3) Affected shoreline property owners within the regional shoreline mitigation district; and
(4) Local businesses, community organizations, groups and individuals in the surrounding community.
(d) Each shoreline adaptation pathways plan shall include the elements and criteria required under this part, including but not limited to:
(1) An assessment of the public trust resources that are at risk within the regional shoreline mitigation district, and their value to the surrounding and broader community and economy;
(2) An assessment of shoreline structures that are at risk within the regional shoreline mitigation district, and their value to the shoreline property owners;
(3) An analysis of potential shoreline adaptation pathways appropriate to the regional shoreline mitigation district;
(4) An analysis of the social, cultural, environmental, and economic impacts for shoreline adaptation pathways plans;
(5) The identification of any federal authorizations, permits, or approvals required to implement the shoreline adaptation pathways plan, including consultation with the United States Army Corps of Engineers, if appropriate;
(6) Identification and coordination among the State, counties, and affected shoreline property owners to address ownership, maintenance, and other jurisdictional issues necessary to implement shoreline adaptation pathways within the regional shoreline mitigation district; and
(7) Viable financing tools for shoreline adaptation pathways plans, including:
(A) Private financing;
(B) Special assessment districts;
(C) Community facilities districts;
(D) Tax increment financing;
(E) Issuance of bonds; and
(F) Any other available financing tool.
(e) Any shoreline adaptation pathways plan shall prioritize the preservation of the public trust resources at risk within the regional shoreline mitigation district, including public beaches and dunes; shall protect and maintain lateral public beach access along the shoreline; and may include the protection of shoreline properties.
(f) Any shoreline adaptation pathways plan shall engage in culturally informed, community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources; impacts to private property; the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered; and a comparison of potential alternative options.
(g) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration and adoption pursuant to this section. The board of land and natural resources may adopt a shoreline adaptation pathways plan upon a determination that the plan:
(1) Satisfies the requirements of this section;
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways to best preserve public trust resources, public beaches, public access, and that may secondarily also reduce the risk of loss of structures along shoreline properties.
(h) For the purposes of this section:
"Functionally connected sediment cell or littoral subcell" means a shoreline reach in which sediment transport processes operate as a unified system such that erosion or shoreline modification within one portion measurably influences conditions elsewhere within the reach.
"Office" means the office of planning and sustainable development.
"Regional shoreline mitigation district" means a designated coastal area comprising one or more functionally connected sediment cells or littoral subcells and adjacent shoreline and nearby properties, established for purposes of coordinated shoreline protection and adaptation planning and implementation.
"Shoreline adaptation pathway" means a structural, non‑structural, nature-based, hybrid, temporary, or permanent measure, including beach and dune restoration, armoring, elevating and floodproofing infrastructure, property acquisition, relocation, or retreat, needed to preserve public beaches, lower the risk of flooding and loss due to shoreline erosion, coastal flooding or shoreline hazard conditions over time.
"Shoreline adaptation pathways plan" means a coordinated regional shoreline management plan outlining the shoreline adaptation pathways appropriate for a specific regional shoreline mitigation district."
SECTION 3. Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:
"§183C-6 Permits and site plan approvals. (a) The department shall regulate land use in the conservation district by the issuance of permits.
(b)
The department shall render a decision on a completed application for a
permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after
acceptance of a completed application for a permit, the department [shall
fail] fails to give notice, hold a hearing, and render a decision,
the owner may automatically put the owner's land to the use or uses requested
in the owner's application. When an
environmental impact statement is required pursuant to chapter 343, or when a
contested case hearing is requested pursuant to chapter 91, the one hundred
eighty days shall be extended an additional ninety days beyond the time
necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the
applicant shall be subject to the approval of the board.
(c)
The department shall hold a public hearing in every case involving the
proposed use of land for commercial purposes, at which hearing interested
persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the
hearing shall be given at least once statewide and in the county in which the
property is located. The notice shall be
given [not less] no later than twenty days [prior to] before
the date set for the hearing. The
hearing shall be held in the county in which the land is located and may be
delegated to an agent or representative of the board as may otherwise be
provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or
hearings, the department shall have the power to summon witnesses, administer
oaths, and require the giving of testimony.
[As used in] For the purposes of this subsection, the term
"commercial purposes" shall not include the use of land for utility
purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2.
(f) Where a conservation district use permit application involves a shoreline adaptation pathway within a designated regional shoreline mitigation district pursuant to section 225M- , the applicant may submit a shoreline adaptation pathways plan to the board as part of the application. The board may approve any shoreline adaptation pathway consistent with the shoreline adaptation pathways plan. Nothing in this subsection shall limit the board's authority or discretion to approve, impose conditions on, or deny the application.
(g) The board may authorize a permit for up to five years with options for renewal for temporary emergency erosion control measures or shoreline stabilization structures where an inhabited dwelling, essential cultural or natural resource, or other major structure or public facility is in danger of destruction or severe damage due to natural hazards. The applicant shall demonstrate a concerted effort to develop or implement a long-term shoreline adaptation solution that prioritizes preservation of public trust resources and that will allow the temporary emergency erosion control measures or shoreline stabilization structures to be removed.
For the purposes of this subsection, "concerted effort" means a bona fide planning effort to develop or implement a mid- to long-term management solution or a shoreline adaption pathways plan pursuant to section 225M- ."
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026.
Report Title:
OPSD; Regional Shoreline Mitigation Districts; Coastal Erosion; Shoreline Adaptation Pathways Planning; Permits
Description:
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2401 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's beaches and shorelines are some of the State's most critical public assets. Public beaches often define their surrounding communities and are invaluable assets at the center of Hawaii's economy and way of life for local residents. However, accelerating shoreline erosion, wave impacts, and coastal hazards are threatening public beaches, shoreline properties, and infrastructure across the State. Given these impacts, effective shoreline planning for the short- and long-term will require collaboration among communities and regional shoreline property owners and interagency coordination.
The legislature further finds that the office of planning and sustainable development serves a statewide planning and coordination role and is well-positioned to facilitate interagency coordination and regional shoreline planning efforts.
The legislature also finds that a statewide framework is needed to support the development and adoption of short- and long-term shoreline management plans and the use of collective financing mechanisms for regional shoreline management property acquisition and projects. Adaptation pathways planning to address sea level rise and preserve the State's beaches provides a mechanism to propose both short- and long-term solutions, including beach management and erosion mitigation; retreat from the coastline; and time for planning and implementation of these solutions.
The purpose of this Act is to establish a statewide shoreline adaptation pathways planning framework under chapter 225M, Hawaii Revised Statutes, by creating regional shoreline mitigation districts that can work together to develop adaptation pathways plans.
SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§225M- Shoreline adaptation pathways planning. (a) The office shall serve in a planning and coordination role to develop shoreline adaptation pathways plans for designated regional shoreline mitigation districts. The office shall:
(1) Identify and designate regional shoreline mitigation districts comprised primarily of contiguous shoreline and shoreline-adjacent properties based on criteria that include but are not limited to traditional ahupuaa designation, interrelated coastal processes; documented and predicted erosion rates, and functional connection of sediment cells or littoral subcells, for the purposes of implementing coordinated shoreline protection and adaptation planning;
(2) Assist state and county permitting and regulatory agencies by facilitating participation by community stakeholders; shoreline property owners; state, county, and federal agencies; and others as may be appropriate in the planning process; and
(3) Provide technical assistance and planning guidance in the preparation of shoreline adaptation pathways plans specific to each designated regional shoreline mitigation district, which may include structural or non-structural, nature-based, hybrid, temporary, or permanent measures including beach and dune restoration, armoring, elevating and floodproofing infrastructure, relocation, or retreat, to prioritize the preservation of public beaches.
(b) Any shoreline adaptation pathway identified or proposed in the shoreline adaptation pathways plan shall prioritize the preservation of public beaches and dunes and shall provide, protect, and maintain lateral public beach access along the shoreline."
SECTION 3. Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:
"§183C-6 Permits and site plan approvals. (a) The department shall regulate land use in the conservation district by the issuance of permits.
(b)
The department shall render a decision on a completed application for a
permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after
acceptance of a completed application for a permit, the department [shall
fail] fails to give notice, hold a hearing, and render a decision,
the owner may automatically put the owner's land to the use or uses requested
in the owner's application. When an
environmental impact statement is required pursuant to chapter 343, or when a
contested case hearing is requested pursuant to chapter 91, the one hundred
eighty days shall be extended an additional ninety days beyond the time
necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the
applicant shall be subject to the approval of the board.
(c)
The department shall hold a public hearing in every case involving the
proposed use of land for commercial purposes, at which hearing interested
persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the
hearing shall be given at least once statewide and in the county in which the
property is located. The notice shall be
given [not less] no later than twenty days [prior to] before
the date set for the hearing. The
hearing shall be held in the county in which the land is located and may be
delegated to an agent or representative of the board as may otherwise be
provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or
hearings, the department shall have the power to summon witnesses, administer
oaths, and require the giving of testimony.
As used in this subsection, the term "commercial purposes"
shall not include the use of land for utility purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2.
(f) Where a conservation district use permit application involves shoreline adaptation pathways within a designated regional shoreline mitigation district pursuant to section 225M- , the applicant shall submit a shoreline adaptation pathways plan to the board as part of the application. The board may approve shoreline adaptation pathways consistent with the shoreline adaptation pathways plan. Nothing in this subsection shall limit the board's authority or discretion to approve, impose conditions on, or deny the application.
(g) The board may authorize a permit for temporary shoreline hardening structures where an imminently dangerous shoreline condition affecting a structure has extended beyond the period authorized under an emergency permit. The applicant shall demonstrate a concerted effort to develop or implement a long-term shoreline adaptation solution that will allow the temporary erosion control measures to be removed.
As used in this subsection, "concerted effort" means a bona fide planning effort to develop and implement a shoreline adaptation pathways plan using shoreline adaptation pathways within a regional shoreline mitigation district pursuant to section 225M- ."
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
OPSD; Regional Shoreline Mitigation Districts; Coastal Erosion; Shoreline Adaptation Pathways Planning; Permits
Description:
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2401 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
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STATE OF HAWAII |
H.D. 1 |
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|
|
|
|
|
||
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||
A BILL FOR AN ACT
RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's beaches and shorelines are some of the State's most critical public assets. Public beaches often define their surrounding communities and are invaluable assets at the center of Hawaii's economy and way of life for local residents. However, accelerating shoreline erosion, wave impacts, and coastal hazards are threatening public beaches, shoreline properties, and infrastructure across the State. Given these impacts, effective shoreline planning for the short- and long-term will require collaboration among communities and regional shoreline property owners and interagency coordination.
The legislature further finds that the office of planning and sustainable development serves a statewide planning and coordination role and is well-positioned to facilitate interagency coordination and regional shoreline planning efforts.
The legislature also finds that a statewide framework is needed to support the development and adoption of short- and long-term shoreline management plans and the use of collective financing mechanisms for regional shoreline management property acquisition and projects. Adaptation pathways planning to address sea level rise and preserve the State's beaches provides a mechanism to propose both short- and long-term solutions, including beach management and erosion mitigation; retreat from the coastline; and time for planning and implementation of these solutions.
The purpose of this Act is to establish a statewide shoreline adaptation pathways planning framework under chapter 225M, Hawaii Revised Statutes, by creating regional shoreline mitigation districts that can work together to develop adaptation pathways plans.
SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§225M- Shoreline adaptation pathways planning. (a) The office shall serve in a planning and coordination role to develop shoreline adaptation pathways plans for designated regional shoreline mitigation districts. The office shall:
(1) Identify potential regional shoreline mitigation districts on a regional scale, including but not limited to ahupuaa, coastal processes, documented and predicted erosion rates, and functionally connected sediment cells or littoral subcells;
(2) Facilitate participation by community stakeholders, shoreline property owners, and others as may be appropriate; and
(3) Provide technical assistance and planning guidance for the preparation of shoreline adaptation pathways within a regional shoreline mitigation district.
(b) The designation of a regional shoreline mitigation district shall be for planning purposes only and shall not constitute approval of any specific shoreline adaptation pathway or project.
(c) When designating a regional shoreline mitigation district and developing a shoreline adaptation pathways plan, the office shall work with community stakeholders, shoreline property owners, and other stakeholders as may be appropriate within that regional shoreline mitigation district and surrounding community to collaboratively develop a shoreline adaptation pathways plan.
(d) The office shall coordinate with:
(1) The department of land and natural resources;
(2) The applicable county planning department;
(3) Affected shoreline property owners within the regional shoreline mitigation district; and
(4) Local businesses, community organizations, groups and individuals in the proposed district and surrounding community,
in the development of each shoreline adaptation pathways plan.
(e) Each shoreline adaptation pathways plan shall include the elements and criteria required under this part, including but not limited to:
(1) An analysis of the public trust resources that are at risk within the regional shoreline mitigation district and their value to the surrounding and broader community and economy;
(2) An assessment of structural risks to shoreline properties within the regional shoreline mitigation district, and their value;
(3) A characterization of sediment transport and erosion conditions within the regional shoreline mitigation district;
(4) An analysis of potential short-term shoreline adaptation pathways appropriate to the regional shoreline mitigation district;
(5) An analysis of potential long-term shoreline adaptation pathways appropriate to the regional shoreline mitigation district;
(6) An analysis of the social, cultural, environmental, and economic impact for each potential short- and long-term shoreline adaptation pathway;
(7) A proposed implementation schedule for short- and long-term shoreline adaptation pathways;
(8) The identification of any federal authorizations, permits, or approvals required to implement the shoreline adaptation pathways plan, including consultation with the United States Army Corps of Engineers, if projects may affect navigable waters, shorelines, or federally regulated waters;
(9) Identification and coordination among the State, counties, and affected shoreline property owners to address ownership, maintenance, and other jurisdictional issues necessary to implement shoreline adaptation pathways within the regional shoreline mitigation district; and
(10) Viable financing options for each shoreline adaptation pathways plan, including:
(A) Special assessment districts;
(B) Community facilities districts;
(C) Tax increment financing;
(D) Issuance of bonds by the county at the request of private property owners; and
(E) Any other available public or private financing tool.
(f) Any shoreline adaptation pathway identified or proposed in the shoreline adaptation pathways plan shall prioritize the preservation of public beach and shoreline properties and shall provide for lateral public access along the shoreline.
(g) Any shoreline adaptation plan shall engage in culturally informed, community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources; impacts to private property; and the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered.
(h) The office shall coordinate its review of the shoreline adaptation pathways plan with the department of land and natural resources, applicable county agencies, and relevant federal agencies, including the United States Army Corps of Engineers, if federal authorization, permitting, technical review, approval, or funding may be required.
(i) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration and adoption pursuant to this section. The board of land and natural resources may adopt a shoreline adaptation pathways plan upon a determination that the plan:
(1) Satisfies the requirements of subsections (e) through (h);
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways that best preserve public trust resources, public beaches, and public access and may reduce risk, damage, or exposure from shoreline erosion, coastal flooding, or shoreline hazard conditions affecting shoreline properties.
Approval of a shoreline adaptation pathways plan by the board of land and natural resources shall constitute approval of the plan for planning purposes only.
(j) As used in this section:
"Functionally connected sediment cell or littoral subcell" means a shoreline reach in which sediment transport processes operate as a unified system such that erosion or shoreline modification within one portion measurably influences conditions elsewhere within the reach.
"Office" means the office of planning and sustainable development.
"Regional shoreline mitigation district" means a designated coastal area composed primarily of shoreline and adjacent properties located within the same functionally connected sediment cell or littoral subcell, established for purposes of coordinated shoreline protection and adaptation planning and implementation.
"Shoreline adaptation pathways" means structural or non-structural, nature-based, hybrid, temporary, or permanent measures, including beach and dune restoration, armoring, elevating and floodproofing infrastructure, relocation, or retreat, needed to preserve public beaches and lower the risk of flooding and loss due to shoreline erosion, coastal flooding, or shoreline hazard conditions over time.
"Shoreline adaptation pathways plan" means a coordinated regional shoreline management plan outlining the adaptation pathways appropriate for a specific regional shoreline mitigation district."
SECTION 3. Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:
"§183C-6 Permits and site plan approvals. (a) The department shall regulate land use in the conservation district by the issuance of permits.
(b)
The department shall render a decision on a completed application for a
permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after
acceptance of a completed application for a permit, the department [shall
fail] fails to give notice, hold a hearing, and render a decision,
the owner may automatically put the owner's land to the use or uses requested
in the owner's application. When an
environmental impact statement is required pursuant to chapter 343, or when a
contested case hearing is requested pursuant to chapter 91, the one hundred
eighty days shall be extended an additional ninety days beyond the time
necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the
applicant shall be subject to the approval of the board.
(c)
The department shall hold a public hearing in every case involving the
proposed use of land for commercial purposes, at which hearing interested
persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the
hearing shall be given at least once statewide and in the county in which the
property is located. The notice shall be
given [not less] no later than twenty days [prior to] before
the date set for the hearing. The
hearing shall be held in the county in which the land is located and may be
delegated to an agent or representative of the board as may otherwise be
provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or
hearings, the department shall have the power to summon witnesses, administer
oaths, and require the giving of testimony.
As used in this subsection, the term "commercial purposes"
shall not include the use of land for utility purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2.
(f) Where a conservation district use permit application involves shoreline adaptation pathways within a designated regional shoreline mitigation district pursuant to section 225M- , the applicant shall submit a shoreline adaptation pathways plan to the board as part of the application. The board may approve shoreline adaptation pathways consistent with the shoreline adaptation pathways plan. Nothing in this subsection shall limit the board's authority or discretion to approve, impose conditions on, or deny the application.
(g) The board may authorize a permit for temporary shoreline hardening structures where an imminently dangerous shoreline condition affecting a structure has extended beyond the period authorized under an emergency permit. The applicant shall demonstrate a concerted effort to develop or implement a long-term shoreline adaptation solution that will allow the temporary erosion control measures to be removed.
As used in this subsection, "concerted effort" means a bona fide planning effort to develop and implement a shoreline adaptation pathways plan using shoreline adaptation pathways within a regional shoreline mitigation district pursuant to section 225M- ."
SECTION 4. Section 205A-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Policies.
(1) Recreational resources;
(A) Improve coordination and funding of coastal recreational planning and management; and
(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by:
(i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas;
(ii) Requiring restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration is not feasible or desirable;
(iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value;
(iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation;
(v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources;
(vi) Adopting water
quality standards and regulating point and nonpoint sources of pollution to
protect[,] and, where feasible, restore the recreational value of
coastal waters;
(vii) Developing new
shoreline recreational opportunities[,] where appropriate, [such as]
including artificial lagoons, artificial beaches, and artificial reefs
for surfing and fishing; and
(viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting that dedication against the requirements of section 46-6;
(2) Historic resources;
(A) Identify and analyze significant archaeological resources;
(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and
(C) Support state goals for protection, restoration, interpretation, and display of historic resources;
(3) Scenic and open space resources;
(A) Identify valued scenic resources in the coastal zone management area;
(B) Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration of natural landforms and existing public views to and along the shoreline;
(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and
(D) Encourage [those]
developments that are not coastal dependent to locate in inland areas;
(4) Coastal ecosystems;
(A) Exercise an
overall conservation ethic[,] and practice stewardship in the
protection, use, and development of marine and coastal resources;
(B) Improve the technical basis for natural resource management;
(C) Preserve valuable coastal ecosystems of significant biological or economic importance, including reefs, beaches, and dunes;
(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and
(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures;
(5) Economic uses;
(A) Concentrate coastal dependent development in appropriate areas;
(B) Ensure that coastal dependent development and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and
(C) Direct
the location and expansion of coastal development to areas designated and used
for [that] development and permit reasonable long-term growth at [those]
designated areas, and permit coastal development outside of designated
areas when:
(i) Use of designated locations is not feasible;
(ii) Adverse environmental effects and risks from coastal hazards are minimized; and
(iii) The development is important to the State's economy;
(6) Coastal hazards;
(A) Develop and communicate adequate information about the risks of coastal hazards;
(B) Control development, including planning and zoning control, in areas subject to coastal hazards;
(C) Ensure that
developments comply with requirements of the National Flood Insurance Program;
[and]
(D) Prevent coastal flooding from inland projects; and
(E) Support and integrate shoreline adaptation pathways planning for the preservation of public beaches and public trust resources, which may include the protection of shoreline properties, into county special management area planning and permitting processes, to the extent feasible and consistent with this chapter;
(7) Managing development;
(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development;
(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and
(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process;
(8) Public participation;
(A) Promote public involvement in coastal zone management processes;
(B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and
(C) Organize workshops, policy dialogues, and site‑specific mediations to respond to coastal issues and conflicts;
(9) Beach protection;
(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion;
(B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; provided that counties may approve temporary shoreline hardening structures where an imminently dangerous shoreline condition has extended beyond an emergency authorization pursuant to section 183C-6(g);
(C) Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;
(D) Minimize grading of and damage to coastal dunes;
(E) Prohibit
private property owners from creating a public nuisance by inducing or
cultivating the private property owner's vegetation in a beach transit
corridor; and
(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and
(10) Marine and coastal resources;
(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial;
(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency;
(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone;
(D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and
(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the purposes of this Act, including:
(1) Facilitating the identification and establishment of regional shoreline mitigation districts;
(2) Coordinating interagency review of shoreline adaptation pathways plans with the department of land and natural resources, county agencies, and relevant federal agencies, including the United States Army Corps of Engineers;
(3) Reviewing, evaluating, and approving shoreline adaptation pathways plans; and
(4) Providing technical assistance, guidance, and coordination to support the implementation of approved shoreline adaptation pathways plans.
The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to hire one full-time equivalent (1.0 FTE) temporary planning analyst to carry out the purposes of this Act; provided that this position shall be exempt from chapter 76, Hawaii Revised Statutes.
The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000; provided that sections 5 and 6 shall take effect on July 1, 2026.
Report Title:
OPSD; Regional Shoreline Mitigation Districts; Coastal Erosion; Shoreline Adaptation Pathways Planning; Permits; Appropriation
Description:
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by OPSD. Requires OPSD to coordinate shoreline adaptation pathways planning with the Department of Land and Natural Resources, applicable county and federal agencies, and the community. Requires OPSD to collaborate with community stakeholders and consider certain criteria when developing a shoreline adaptation pathways plan. Requires OPSD, upon finalization of a shoreline adaptation pathways plan to transmit the plan to the Board of Land and Natural Resources for approval. Authorizes BLNR to adopt a shoreline adaptation pathways plan after determining that the plan satisfies certain requirements. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Establishes the support and integration of shoreline adaptation pathways planning as a policy under the Coastal Zone Management Program. Appropriates funds. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2401 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to regional shoreline mitigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's beaches and shorelines are some of the State's most critical public assets. Public beaches often define their surrounding communities and are invaluable assets at the center of Hawaii's economy and way of life for local residents. However, accelerating shoreline erosion, wave impacts, and coastal hazards are threatening public beaches, shoreline properties, and infrastructure across the State. Given these impacts, effective shoreline planning for the short- and long-term will require collaboration among communities, regional shoreline property owners, and interagency coordination.
The legislature further finds that the office of planning and sustainable development serves a statewide planning and coordination role and is well-positioned to facilitate interagency coordination and regional shoreline planning efforts.
The legislature also finds that a statewide framework is needed to support the development and adoption of short- and long-term shoreline management plans and the use of collective financing mechanisms for regional shoreline management property acquisition and projects. Adaptation pathways planning to address sea level rise and preserve the State's beaches provides a mechanism to propose both short- and long-term solutions, including beach management and erosion mitigation; retreat from the coastline; and time for planning and implementation of these solutions.
The purpose of this Act is to:
(1) Establish a statewide adaptation pathways planning framework under chapter 225M, Hawaii Revised Statutes, by creating regional shoreline mitigation districts that can work together to develop adaptation pathways plans; and
(2) Make conforming amendments to chapters 183C and 205A, Hawaii Revised Statutes.
SECTION 2. Chapter 225M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§225M- Shoreline adaptation pathways planning. (a) The office shall serve in a planning and coordination role to develop shoreline adaptation pathways plans for designated regional shoreline adaptation districts. The office shall:
(1) Identify potential shoreline adaptation districts on a regional scale, including but not limited to ahupuaa, coastal processes, and documented and predicted erosion rates, and functionally connected sediment cells or littoral subcells;
(2) Facilitate participation by community stakeholders, shoreline property owners, and others as may be appropriate; and
(3) Provide technical assistance and planning guidance for the preparation of shoreline adaptation pathways within a shoreline adaptation district.
(b) The designation of a shoreline adaptation district shall be for planning purposes only and shall not constitute approval of any specific shoreline adaptation pathway or project.
(c) When designating a shoreline adaptation district and developing a shoreline adaptation pathways plan, the office shall work with community stakeholders, shoreline property owners, and other stakeholders as may be appropriate within that regional shoreline adaptation district and surrounding community to collaboratively develop a shoreline adaptation pathways plan.
(d) The office shall coordinate with:
(1) The department of land and natural resources;
(2) The applicable county planning department;
(3) Affected shoreline property owners within the shoreline mitigation district; and
(4) Local businesses, community organizations, groups and individuals in the proposed district and surrounding community,
in the development of each shoreline adaptation pathways plan.
(e) Each shoreline adaptation pathways plan shall include the elements and criteria required under this part, including but not limited to:
(1) An analysis of the public trust resources that are at risk within the adaptation district, and their value to the surrounding and broader community and economy;
(2) An assessment of structural risks to shoreline properties within the regional shoreline mitigation district, and their value;
(3) A characterization of sediment transport and erosion conditions within the regional shoreline mitigation district;
(4) An analysis of potential short-term shoreline adaptation pathways appropriate to the regional shoreline mitigation district;
(5) An analysis of potential long-term shoreline adaptation pathways appropriate to the regional shoreline mitigation district;
(6) An analysis of the social, cultural, environmental, and economic impact for each potential short- and long-term shoreline adaptation pathway;
(7) An analysis of financing options for property owners;
(8) A proposed implementation schedule for short- and long-term shoreline adaptation pathways; and
(9) The identification of any federal authorizations, permits, or approvals required to implement the shoreline adaptation pathways plan, including consultation with the United States Army Corps of Engineers, if projects may affect navigable waters, shorelines, or federally regulated waters.
(10) Viable financing tools for each shoreline adaptation pathways plan, including:
(A) Special assessment districts;
(B) Community facilities districts;
(C) Tax increment financing;
(D) Issuance of bonds by the county at the request of private property owners; and
(E) Any other available public or private financing tool.
(f) Any shoreline adaptation pathway identified or proposed in the shoreline adaptation pathways plan shall prioritize the preservation of public beach and shall provide for lateral public access along the shoreline.
(g) Any shoreline adaptation plan shall engage in culturally informed, community-engaged planning to determine the appropriate shoreline adaptation pathway when considering the impacts to public trust resources, impacts to private property, and the social, cultural, environmental, and economic impacts of each potential shoreline adaptation pathway considered;
(h) The office shall coordinate its review of the shoreline adaptation pathways plan with the department of land and natural resources, applicable county agencies, and relevant federal agencies, including the United States Army Corps of Engineers, if federal authorization, permitting, technical review, approval, or funding may be required.
(i) Upon finalization of a shoreline adaptation pathways plan, the office may transmit the shoreline adaptation pathways plan, together with any comments and recommendations, to the board of land and natural resources for consideration and adoption pursuant to this section. The board of land and natural resources may adopt a shoreline adaptation pathways plan upon a determination that the plan:
(1) Satisfies the requirements of subsections (e) through (h);
(2) Is consistent with applicable state and county land use policies; and
(3) Provides coordinated, regionally appropriate shoreline adaptation pathways to best preserve public trust resources, public beaches, public access, and that may reduce risk, damage, or exposure from shoreline erosion, coastal flooding, or shoreline hazard conditions affecting shoreline properties.
Approval of a shoreline adaptation pathways plan by the board of land and natural resources shall constitute approval of the plan for planning purposes only.
(j) For the purposes of this section:
"Functionally connected sediment cell or littoral subcell" means a shoreline reach in which sediment transport processes operate as a unified system such that erosion or shoreline modification within one portion measurably influences conditions elsewhere within the reach.
"Office" means the office of planning and sustainable development.
"Regional shoreline mitigation district" means a designated coastal area comprised primarily of shoreline and adjacent properties located within the same functionally connected sediment cell or littoral subcell, established for purposes of coordinated shoreline protection and adaptation planning and implementation.
"Shoreline adaptation pathways" means structural, non-structural, nature-based, hybrid, temporary, or permanent measures, including beach and dune restoration, armoring, elevating and floodproofing infrastructure, relocation, or retreat, needed to preserve public beaches, lower the risk of flooding and loss due to shoreline erosion, coastal flooding or shoreline hazard conditions over time.
"Shoreline adaptation pathways plan" means a coordinated regional shoreline management plan outlining the adaptation pathways appropriate for a specific regional shoreline mitigation district."
SECTION 3. Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:
"§183C-6 Permits and site plan approvals. (a) The department shall regulate land use in the conservation district by the issuance of permits.
(b)
The department shall render a decision on a completed application for a
permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after
acceptance of a completed application for a permit, the department [shall
fail] fails to give notice, hold a hearing, and render a decision,
the owner may automatically put the owner's land to the use or uses requested
in the owner's application. When an
environmental impact statement is required pursuant to chapter 343, or when a
contested case hearing is requested pursuant to chapter 91, the one hundred
eighty days shall be extended an additional ninety days beyond the time
necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the applicant
shall be subject to the approval of the board.
(c)
The department shall hold a public hearing in every case involving the
proposed use of land for commercial purposes, at which hearing interested
persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the
hearing shall be given at least once statewide and in the county in which the
property is located. The notice shall be
given [not less] no later than twenty days [prior to] before
the date set for the hearing. The
hearing shall be held in the county in which the land is located and may be
delegated to an agent or representative of the board as may otherwise be
provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or
hearings, the department shall have the power to summon witnesses, administer
oaths, and require the giving of testimony.
[As used in] For the purposes of this subsection, the term
"commercial purposes" shall not include the use of land for utility
purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2.
(f) Where a conservation district use permit application involves shoreline adaptation pathways within a designated regional shoreline mitigation district pursuant to section 225M- , the applicant shall submit an adaptation pathways plan as part of the application. The department shall consider the plan as part of the record in its review. Nothing in this subsection shall limit the department's authority or discretion to approve, impose conditions on, or deny the application."
SECTION 4. Section 205A-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Policies.
(1) Recreational resources;
(A) Improve coordination and funding of coastal recreational planning and management; and
(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by:
(i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas;
(ii) Requiring restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration is not feasible or desirable;
(iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value;
(iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation;
(v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources;
(vi) Adopting water
quality standards and regulating point and nonpoint sources of pollution to
protect[,] and, where feasible, restore the recreational value of
coastal waters;
(vii) Developing new
shoreline recreational opportunities[,] where appropriate, [such as]
including artificial lagoons, artificial beaches, and artificial reefs
for surfing and fishing; and
(viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting that dedication against the requirements of section 46-6;
(2) Historic resources;
(A) Identify and analyze significant archaeological resources;
(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and
(C) Support state goals for protection, restoration, interpretation, and display of historic resources;
(3) Scenic and open space resources;
(A) Identify valued scenic resources in the coastal zone management area;
(B) Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration of natural landforms and existing public views to and along the shoreline;
(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and
(D) Encourage [those]
developments that are not coastal dependent to locate in inland areas;
(4) Coastal ecosystems;
(A) Exercise an
overall conservation ethic[,] and practice stewardship in the
protection, use, and development of marine and coastal resources;
(B) Improve the technical basis for natural resource management;
(C) Preserve valuable coastal ecosystems of significant biological or economic importance, including reefs, beaches, and dunes;
(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and
(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures;
(5) Economic uses;
(A) Concentrate coastal dependent development in appropriate areas;
(B) Ensure that coastal dependent development and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and
(C) Direct
the location and expansion of coastal development to areas designated and used
for [that] development and permit reasonable long-term growth at [those]
designated areas, and permit coastal development outside of designated
areas when:
(i) Use of designated locations is not feasible;
(ii) Adverse environmental effects and risks from coastal hazards are minimized; and
(iii) The development is important to the State's economy;
(6) Coastal hazards;
(A) Develop and communicate adequate information about the risks of coastal hazards;
(B) Control development, including planning and zoning control, in areas subject to coastal hazards;
(C) Ensure that
developments comply with requirements of the National Flood Insurance Program; [and]
(D) Prevent coastal flooding from inland projects; and
(E) Support and integrate shoreline adaptation pathways planning for the preservation of public beaches and public trust resources, which may include the protection of shoreline properties, into county special management area planning and permitting processes, to the extent feasible and consistent with this chapter;
(7) Managing development;
(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development;
(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and
(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process;
(8) Public participation;
(A) Promote public involvement in coastal zone management processes;
(B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and
(C) Organize workshops, policy dialogues, and site‑specific mediations to respond to coastal issues and conflicts;
(9) Beach protection;
(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion;
(B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;
(C) Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;
(D) Minimize grading of and damage to coastal dunes;
(E) Prohibit
private property owners from creating a public nuisance by inducing or
cultivating the private property owner's vegetation in a beach transit
corridor; and
(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and
(10) Marine and coastal resources;
(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial;
(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency;
(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone;
(D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and
(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the purposes of this Act, including:
(1) Facilitating the identification and establishment of regional shoreline mitigation districts;
(2) Coordinating interagency review of regional coastal erosion and sediment management plans with the department of land and natural resources, county agencies, and relevant federal agencies, including the United States Army Corps of Engineers;
(3) Reviewing, evaluating, and approving regional coastal erosion and sediment management plans; and
(4) Providing technical assistance, guidance, and coordination to support the implementation of approved regional coastal erosion and sediment management plans.
The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to hire one full-time equivalent (1.0 FTE) temporary planning analyst to carry out the purposes of this Act; provided that this position shall be exempt from chapter 76, Hawaii Revised Statutes.
The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2065; provided that sections 5 and 6 shall take effect on July 1, 2026.
Report Title:
OPSD; Regional Shoreline Mitigation Districts; Coastal Erosion; Adaptation Pathways Planning; Permits; Appropriation
Description:
Requires the Office of Planning and Sustainable Development to plan and serve in a coordinating role to develop shoreline adaptation pathways plans for regional shoreline mitigation districts designated by the Office. Requires OPSD to coordinate shoreline adaptation pathways planning with the Department of Land and Natural Resources, applicable county planning department, and the community. Requires OPSD to collaborate with community stakeholders and consider certain criteria when developing a shoreline adaptation pathways plan. Requires OPSD, upon finalization of a shoreline adaptation pathways plan to transmit the plan to the Board of Land and Natural Resources for approval. Authorizes BLNR to adopt a shoreline adaptation pathways plan after determining that the plan satisfies certain requirements. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Establishes the support and integration of shoreline adaptation pathways planning as a policy under the coastal zone management program. Appropriates funds. Effective 1/1/2065. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
2401 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to regional shoreline mitigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that accelerating coastal erosion, wave run-up, and chronic loss of shoreline lands threaten thousands of shoreline properties throughout the State. Many property owners experience repeated damage from ocean forces that exceed the capacity of individual parcel-level responses. Because erosion processes operate on a regional scale, effective mitigation requires property owners along a shared stretch of shoreline, where erosion on one property can affect neighboring properties, to work together under a coordinated regional plan.
The legislature further finds that the office of planning and sustainable development currently coordinates planning between state, county, and federal agencies and addresses and coordinates sea level rise adaptation strategies for state facilities. Therefore, the office of planning and sustainable development is well-equipped to undertake regional coastal erosion planning for shoreline properties.
Regional coordination will enable property owners to collectively plan, design, fund, and implement projects, which may include both emergency erosion mitigation structures and long-term engineered solutions such as groins, beach nourishment, dune restoration, or other measures suited to the sediment dynamics of the region.
The legislature additionally finds that a statewide framework is necessary to:
(1) Authorize the creation of regional shoreline mitigation plans for shoreline properties;
(2) Provide a clear planning and approval process for regional mitigation plans;
(3) Ensure coordination among the office of planning and sustainable development, department of land and natural resources, and county planning departments; and
(4) Facilitate property owners' collective financing of regional projects using assessment districts, community facilities districts, tax increment financing, bonds, and other financing tools.
Accordingly, the purpose of this Act is to:
(1) Establish a process, led by the office of planning and sustainable development, for the creation of regional shoreline mitigation districts to facilitate regional coordination by shoreline property owners to address coastal erosion;
(2) Require the preparation of a regional coastal erosion and sediment management plan for each regional shoreline mitigation district;
(3) Establish procedures for the review of state and county permits associated with regional shoreline mitigation districts;
(4) Establish as a policy under the coastal zone management program the support and integration of regional coastline erosion and sediment management planning; and
(2) Make appropriations and establish one temporary full‑time equivalent (1.0 FTE) position to implement regional shoreline mitigation districts.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
REGIONAL SHORELINE MITIGATION DISTRICTS
§ -1 Definitions. For the purposes of this chapter:
"Emergency erosion mitigation structure" means a physical barrier, geotextile system, or other engineered measure constructed to prevent or reduce coastal erosion damage to an existing private structure or use. "Emergency erosion mitigation structure" includes sandbags, geotextile tubes, gabions, riprap, or similar systems, whether temporary or semi‑permanent.
"Functionally connected sediment cell or littoral subcell" means a shoreline reach in which sediment transport processes operate as a unified system in such a manner that erosion or shoreline modification within one portion measurably influences conditions elsewhere within the reach.
"Office" means the office of planning and sustainable development.
"Regional coastal erosion and sediment management plan" or "regional plan" means a plan prepared under this chapter for the coordinated mitigation of coastal erosion, sediment transport impacts, and shoreline hazards affecting shoreline properties.
"Regional shoreline mitigation district" means a designated coastal area, comprised primarily of shoreline properties located within the same functionally connected sediment cell or littoral subcell, established under this chapter to plan, finance, and implement regional coastal erosion and sediment management projects.
§ -2 Office; lead agency. The office shall serve as the lead agency for regional shoreline mitigation districts and regional coastal erosion and sediment management plans. The office shall:
(1) Identify potential regional shoreline mitigation districts based primarily on clusters of shoreline parcels;
(2) Coordinate interagency review among the department of land and natural resources, county planning departments, and relevant federal agencies, including the United States Army Corps of Engineers if federal authorization, permitting, technical review, approval, or funding may be required;
(3) Facilitate participation by shoreline property owners; and
(4) Receive, coordinate review of, evaluate, and approve regional coastal erosion and sediment management plans prepared and funded by property owners within a regional shoreline mitigation district.
§ -3 Establishment of regional shoreline mitigation districts. (a) A regional shoreline mitigation district may be recognized and approved by the office upon a petition by:
(1) A majority of shoreline property owners within the proposed region; or
(2) A county, in coordination with shoreline property owners.
(b) District boundaries shall be based on functionally connected sediment cell or littoral subcell, and shall include a substantial proportion of shoreline parcels affected by shared coastal erosion conditions.
§ -4 Regional coastal erosion and sediment management plans. (a) Each regional shoreline mitigation district shall have a regional coastal erosion and sediment management plan that shall be:
(1) Prepared by shoreline property owners within the district; and
(2) Submitted to the office for review and approval.
(b) A regional coastal erosion and sediment management plan shall include:
(1) A characterization of sediment transport and erosion conditions within the regional shoreline mitigation district;
(2) An assessment of structural risks to shoreline properties within the regional shoreline mitigation district;
(3) An analysis of allowable emergency erosion mitigation structures and criteria for their use;
(4) A list of long-term erosion mitigation solutions appropriate to the regional shoreline mitigation district, which may include dune enhancement, beach nourishment, living shoreline projects, or structural measures such as rock groins;
(5) An analysis of financing options for property owners;
(6) A proposed implementation schedule for emergency and long-term erosion mitigation structures; and
(7) The identification of any federal authorizations, permits, or approvals required to implement the regional coastal erosion and sediment management plan, including consultation with the United States Army Corps of Engineers if projects may affect navigable waters, shorelines, or federally regulated waters.
(c) A regional coastal erosion and sediment management plan prepared for a regional shoreline mitigation district shall be submitted to the office for review. The office shall coordinate its review of the regional coastal erosion and sediment management plan with the department of land and natural resources, applicable county agencies, and relevant federal agencies, including the United States Army Corps of Engineers, if federal authorization, permitting, technical review, approval, or funding may be required.
(d) The office may approve a regional coastal erosion and sediment management plan upon a determination that the plan:
(1) Satisfies the requirements of subsection (b);
(2) Is consistent with applicable state and county land use policies; and
(3) Provides a coordinated, regionally appropriate approach to addressing coastal erosion and sediment management affecting shoreline properties.
Upon approval of a regional coastal erosion and sediment management plan pursuant to this subsection, the approved plan shall establish the governing standards, criteria, and authorized measures for shoreline erosion mitigation within the regional shoreline mitigation district.
(e) If an environmental review pursuant to chapter 343 shall be required for a regional coastal erosion and sediment management plan prepared under this section, the environmental review may be conducted on a programmatic basis. The office shall serve as the accepting authority for any programmatic environmental assessment or environmental impact statement prepared for a regional coastal erosion and sediment management plan.
(f) If a final environmental assessment with a finding of no significant impact or an environmental impact statement is accepted pursuant to subsection (e), subsequent actions, projects, and permits that are consistent with the approved regional coastal erosion and sediment management plan and that fall within the scope of the environmental review shall be deemed to have satisfied the requirements of chapter 343, and no additional environmental assessment or environmental impact statement shall be required for those actions, projects, or permits unless the approving agency determines that the proposed action falls outside of the environmental review conducted under chapter 343.
§ -5 Financing mechanisms. To implement a regional coastal erosion and sediment management plan, the following financing tools may be considered for the benefit of shoreline property owners:
(1) Special assessment districts;
(2) Community facilities districts;
(3) Tax increment financing;
(4) The issuance of bonds by the county at the request of private property owners; and
(5) Any other available public or private financing tool.
§ -6 Effect of approved regional coastal erosion and sediment management plan on permit decisions. (a) County agencies and the board of land and natural resources shall review any permit and approval applications required to implement shoreline erosion mitigation actions within a regional shoreline mitigation district for consistency with the applicable approved regional coastal erosion and sediment management plan.
(b) Where a proposed permit or approval application is consistent with an approved regional coastal erosion and sediment management plan and an application has been deemed complete, the county and state permit applications shall be limited in review and disposition to:
(1) Verifying that all required application materials have been submitted;
(2) Verifying consistency with the approved regional coastal erosion and sediment management plan; and
(3) Imposing conditions reasonably necessary to implement the approved regional coastal erosion and sediment management plan and to address site-specific impacts.
Review of permits implementing an approved regional coastal erosion and sediment management plan shall not reconsider issues resolved during regional coastal erosion and sediment management plan approval, including the appropriateness, location, or type of erosion mitigation measures authorized by the regional coastal erosion and sediment management plan.
(c) Nothing in this section shall be construed to limit the authority of the board of land and natural resources or a county agency to impose conditions or deny a permit or approval where necessary to protect public trust resources, natural shoreline processes, or public access based on site-specific impacts not previously evaluated during regional coastal erosion and sediment management plan approval."
SECTION 3. Section 183C-6, Hawaii Revised Statutes, is amended to read as follows:
"§183C-6 Permits and site plan approvals. (a) The department shall regulate land use in the conservation district by the issuance of permits.
(b) The department shall render a decision on a completed application for a permit within one hundred eighty days of its acceptance by the department. If within one hundred eighty days after acceptance of a completed application for a permit, the department shall fail to give notice, hold a hearing, and render a decision, the owner may automatically put the owner's land to the use or uses requested in the owner's application. When an environmental impact statement is required pursuant to chapter 343, or when a contested case hearing is requested pursuant to chapter 91, the one hundred eighty days shall be extended an additional ninety days beyond the time necessary to complete the requirements of chapter 343 or chapter 91. Any request for additional extensions by the applicant shall be subject to the approval of the board.
(c) The department shall hold a public hearing in every case involving the proposed use of land for commercial purposes, at which hearing interested persons shall be afforded a reasonable opportunity to be heard. Public notice of the time and place of the hearing shall be given at least once statewide and in the county in which the property is located. The notice shall be given not less than twenty days prior to the date set for the hearing. The hearing shall be held in the county in which the land is located and may be delegated to an agent or representative of the board as may otherwise be provided by law and in accordance with rules adopted by the board. For the purposes of its public hearing or hearings, the department shall have the power to summon witnesses, administer oaths, and require the giving of testimony. As used in this subsection, the term "commercial purposes" shall not include the use of land for utility purposes.
(d) The department shall regulate the construction, reconstruction, demolition, or alteration of any structure, building, or facility by the issuance of site plan approvals.
(e) Any permit for the reconstruction, restoration, repair, or use of any Hawaiian fishpond exempted from the requirements of chapter 343 under section 183B-2 shall provide for compliance with the conditions of section 183B-2.
(f) Where a proposed permit or approval application is consistent with an approved regional coastal erosion and sediment management plan and an application has been deemed complete, review and disposition of the proposed permit or site plan approval application shall be limited to:
(1) Verifying that all required application materials have been submitted;
(2) Verifying consistency with the approved regional coastal erosion and sediment management plan; and
(3) Imposing conditions reasonably necessary to implement the approved regional coastal erosion and sediment management plan and to address site-specific impacts.
Review of permit or site plan approval applications that implement an approved regional coastal erosion and sediment management plan shall not reconsider issues resolved during regional coastal erosion and sediment management plan approval, including the appropriateness, location, or type of erosion mitigation measures authorized by the regional coastal erosion and sediment management plan.
(g) Nothing in this section shall be construed to limit the authority of the department to impose conditions or deny a permit where necessary to protect public trust resources, natural shoreline processes, or public access based on site‑specific impacts not previously evaluated during the regional coastal erosion and sediment management plan approval. The department shall consult with the office of planning and sustainable development and the applicable county regarding implementation of an approved regional coastal erosion and sediment management plan when evaluating a permit application under this chapter."
SECTION 4. Section 205A-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Policies.
(1) Recreational resources;
(A) Improve coordination and funding of coastal recreational planning and management; and
(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by:
(i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas;
(ii) Requiring restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration is not feasible or desirable;
(iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value;
(iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation;
(v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources;
(vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters;
(vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and
(viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting that dedication against the requirements of section 46-6;
(2) Historic resources;
(A) Identify and analyze significant archaeological resources;
(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and
(C) Support state goals for protection, restoration, interpretation, and display of historic resources;
(3) Scenic and open space resources;
(A) Identify valued scenic resources in the coastal zone management area;
(B) Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration of natural landforms and existing public views to and along the shoreline;
(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and
(D) Encourage those developments that are not coastal dependent to locate in inland areas;
(4) Coastal ecosystems;
(A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources;
(B) Improve the technical basis for natural resource management;
(C) Preserve valuable coastal ecosystems of significant biological or economic importance, including reefs, beaches, and dunes;
(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and
(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures;
(5) Economic uses;
(A) Concentrate coastal dependent development in appropriate areas;
(B) Ensure that coastal dependent development and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and
(C) Direct the location and expansion of coastal development to areas designated and used for that development and permit reasonable long-term growth at those areas, and permit coastal development outside of designated areas when:
(i) Use of designated locations is not feasible;
(ii) Adverse environmental effects and risks from coastal hazards are minimized; and
(iii) The development is important to the State's economy;
(6) Coastal hazards;
(A) Develop and communicate adequate information about the risks of coastal hazards;
(B) Control development, including planning and zoning control, in areas subject to coastal hazards;
(C) Ensure that
developments comply with requirements of the National Flood Insurance Program; [and]
(D) Prevent coastal flooding from inland projects; and
(E) Support and integrate regional coastal erosion and sediment management planning for the protection of shoreline properties into county special management area planning and permitting processes, to the extent feasible and consistent with this chapter;
(7) Managing development;
(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development;
(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and
(C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process;
(8) Public participation;
(A) Promote public involvement in coastal zone management processes;
(B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and
(C) Organize workshops, policy dialogues, and site‑specific mediations to respond to coastal issues and conflicts;
(9) Beach protection;
(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion;
(B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;
(C) Minimize the construction of public shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities;
(D) Minimize grading of and damage to coastal dunes;
(E) Prohibit
private property owners from creating a public nuisance by inducing or
cultivating the private property owner's vegetation in a beach transit
corridor; and
(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor; and
(10) Marine and coastal resources;
(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial;
(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency;
(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone;
(D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and
(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the purposes of this Act, including:
(1) Facilitating the identification and establishment of regional shoreline mitigation districts;
(2) Coordinating interagency review of regional coastal erosion and sediment management plans with the department of land and natural resources, county agencies, and relevant federal agencies, including the United States Army Corps of Engineers;
(3) Reviewing, evaluating, and approving regional coastal erosion and sediment management plans; and
(4) Providing technical assistance, guidance, and coordination to support the implementation of approved regional coastal erosion and sediment management plans.
The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to hire one full-time equivalent (1.0 FTE) temporary planning analyst to carry out the purposes of this Act; provided that this position shall be exempt from chapter 76, Hawaii Revised Statutes.
The sum appropriated shall be expended by the office of planning and sustainable development for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 1, 2027; provided that sections 5 and 6 shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
OPSD; Regional Shoreline Mitigation Districts; Coastal Erosion; Plans; Permits; Appropriations
Description:
Authorizes the Office of Planning and Sustainable Development to approve the establishment of regional shoreline mitigation districts to facilitate regional coordination by shoreline property owners to address coastal erosion. Requires the preparation of a regional coastal erosion and sediment management plan for each regional shoreline mitigation district. Establishes procedures for the review of state and county permits associated with regional shoreline mitigation districts. Establishes the support and integration of regional coastline erosion and sediment management planning as a policy under the coastal zone management program. Appropriates moneys and establishes 1.0 FTE temporary position.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Jul 9, 2026 | Act 207, on 07/08/2026 (Gov. Msg. No. 1309). |
| Jul 9, 2026 | Act 207, 07/08/2026 (Gov. Msg. No. 1309). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 889). |
| May 8, 2026 | Enrolled to Governor. |
| May 8, 2026 | Received notice of Final Reading (Sen. Com. No. 820). |
| May 8, 2026 | Passed Final Reading, as amended (CD 2). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) San Buenaventura). |
| May 8, 2026 | Passed Final Reading as amended in CD 2 with none voting aye with reservations; Representative(s) Amato, Iwamoto, Perruso, Poepoe voting no (4) and none excused (0). |
| May 6, 2026 | 48 Hrs. Notice 05-08-26 |
| May 6, 2026 | Report filed. |
| May 6, 2026 | Separated Committee Report. |
| May 6, 2026 | Floor amendment adopted as amended (CD 2). |
| May 6, 2026 | Floor Amendment No. 15 offered. |
| May 6, 2026 | Forty-eight (48) hours notice Friday 05-08-26. |
| May 6, 2026 | Floor amendment adopted as amended CD 2 with none voting no and none excused. |
| May 6, 2026 | Floor Amendment No. 12 offered by Rep. Hashem. |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 217-26) as amended in (CD 1). |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26. |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 217-26). |
| May 1, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Hashem, Morikawa, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| May 1, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Lee, C., Moriwaki, Lamosao; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| May 1, 2026 | Conference committee meeting to reconvene on 05-01-26 5:00 PM; Conference Room 016. |
| May 1, 2026 | Conference Committee Meeting will reconvene on Friday, 05-01-26 at 12:45PM in Conference Room 229. |
| May 1, 2026 | Conference committee meeting to reconvene on 05-01-26 11:35 AM; Conference Room 229. |
| Apr 30, 2026 | Conference committee meeting to reconvene on 05-01-26 9:00AM; Conference Room 229. |
| Apr 29, 2026 | Conference committee meeting to reconvene on 04-30-26 9:00AM; Conference Room 229. |
| Apr 28, 2026 | Conference committee meeting to reconvene on 04-29-26 9:00AM; Conference Room 229. |
| Apr 27, 2026 | Conference committee meeting to reconvene on 04-28-26 9:00AM; CR 229. |
| Apr 24, 2026 | Conference committee meeting scheduled for 04-27-26 9:00AM; CR 229. |
| Apr 21, 2026 | Received notice of Senate conferees (Sen. Com. No. 718). |
| Apr 21, 2026 | Senate Conferees Appointed: Lee, C. Chairs; Moriwaki Co-Chair; Lamosao. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 787). |
| Apr 20, 2026 | House Conferees Appointed: Hashem, Morikawa Co-Chairs; Shimizu. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 656). |
| Apr 14, 2026 | Passed Third Reading as amended in HD 2 with Representative(s) Alcos, Kapela, Perruso, Poepoe, Shimizu, Souza voting aye with reservations; Representative(s) Amato, Cochran, Iwamoto, Pierick voting no (4) and none excused (0). Transmitted to Senate. |
| Apr 9, 2026 | Forty-eight (48) hours notice Tuesday, 04-14-26. |
| Apr 9, 2026 | Reported from FIN (Stand. Com. Rep. No. 2029-26) as amended in HD 2, recommending passage on Third Reading. |
| Apr 7, 2026 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: Representative(s) Alcos; Noes: none; and 1 Excused: Representative(s) Morikawa. |
| Apr 2, 2026 | Bill scheduled for decision making on Tuesday, 04-07-26 10:10AM in conference room 308 VIA VIDEOCONFERENCE. |
| Apr 2, 2026 | The committee(s) on FIN recommend(s) that the measure be deferred until 04-07-26. |
| Mar 31, 2026 | Bill scheduled to be heard by FIN on Thursday, 04-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Mar 24, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Garrett, Quinlan excused (2). |
| Mar 24, 2026 | Reported from WAL (Stand. Com. Rep. No. 1343-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Mar 19, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Poepoe, Woodson, Souza; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Iwamoto; and 1 Excused: Representative(s) Belatti. |
| Mar 16, 2026 | Bill scheduled to be heard by WAL on Thursday, 03-19-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to WAL, FIN, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 231) in amended form (SD 1). |
| Mar 10, 2026 | Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: Senator(s) Rhoads, Richards. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | One Day Notice 03-10-26. |
| Mar 6, 2026 | Reported from WAM (Stand. Com. Rep. No. 2974) with recommendation of passage on Third Reading. |
| Mar 4, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai; Aye(s) with reservations: Senator(s) Richards ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Mar 2, 2026 | The committee(s) on WAM will hold a public decision making on 03-04-26 10:31AM; Conference Room 211 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 20, 2026 | Reported from WLA (Stand. Com. Rep. No. 2683) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Feb 18, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 4 Aye(s): Senator(s) Lee, C., Inouye, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Chang. |
| Feb 13, 2026 | The committee(s) on WLA deferred the measure until 02-18-26 1:02PM; CR 224 & Videoconference. |
| Feb 6, 2026 | The committee(s) on WLA deferred the measure until 02-13-26 1:00PM; CR 224 & Videoconference. |
| Feb 3, 2026 | The committee(s) on WLA has scheduled a public hearing on 02-06-26 1:00PM; CR 224 & Videoconference. |
| Jan 28, 2026 | Referred to WLA, WAM. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 20, 2026 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| May 8, 2026 | Final Reading | Senate Floor |
Passed |
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| May 8, 2026 | Final Reading | House Floor |
Passed |
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Apr 7, 2026 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
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| Mar 19, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Water & Land |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 4, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
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| Feb 18, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water, Land, Culture and the Arts |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| ADF Properties | *** Support | Apr 2, 2026 |
| AOAO of Hololani | *** Support | Feb 6, 2026 |
| Co Le Vavul | *** Support | Apr 2, 2026 |
| Department of Land | ** Against | |
| Department of Land and Natural Resources | *** Support | Apr 2, 2026 |
| Haley & Aldrich | *** Support | Apr 2, 2026 |
| Hawai`i Hotel Alliance | *** Support | Mar 3, 2026 |
| Hawai‘i Association of REALTORS® | *** Support | Apr 2, 2026 |
| Hololani (owner) | *** Support | Mar 19, 2026 |
| Hololani (owners) | *** Support | Mar 19, 2026 |
| Hololani AOAO | *** Support | Apr 2, 2026 |
| Hololani Condominiums | *** Support | Mar 3, 2026 |
| Hololani Resort (manager) | *** Support | Mar 19, 2026 |
| Kahana Bay Steering Committee | *** Support | Mar 3, 2026 |
| Kahana Bay Steering Committee | *** Support | Apr 2, 2026 |
| Kahana Bay Steering Committee (KBSC) | *** Support | Feb 6, 2026 |
| Kahana Reef Condo Association | *** Support | Mar 19, 2026 |
| Natural Resources | ** Against | |
| Oceanit Laboratories, Inc. | ** Support | |
| Pohailani Maui | *** Support | Mar 19, 2026 |
| Puamana Owners | *** Support | Apr 2, 2026 |
| Royal Kahana AOAO | *** Support | Mar 19, 2026 |
| Shoreline Preservation Coalition | *** Support | Apr 2, 2026 |
| Starn O'Toole Marcus & Fisher (law firm representing SPC) | *** Support | Mar 19, 2026 |
| Surfrider Foundation Hawaiʻi Region | *** Support | Apr 2, 2026 |
| Surfrider Foundation, Hawaiʻi Region | *** Support | Mar 19, 2026 |
| Valley Isle Resort | *** Support | Mar 3, 2026 |
| Valley Isle Resort (owner) | *** Support | Mar 19, 2026 |
| Valley Isle Resort / Kahana Bay AOAO | *** Support | Mar 19, 2026 |
| Valley Isle Resort AOAO | *** Support | Mar 19, 2026 |
STAND. COM. REP. NO. 2974
Honolulu, Hawaii
RE: S.B. No. 2401
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred S.B. No. 2401, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS,"
begs leave to report as follows:
The purpose and intent of this measure is to establish a framework for short-term and long-term shoreline planning to address impacts of accelerating shoreline erosion and other coastal changes.
Specifically, this measure:
(1) Requires the Office of Planning and Sustainable Development to serve in a planning and coordinating role to develop shoreline adaptation pathways plans for designated regional shoreline adaptation districts;
(2) Requires the Office of Planning and Sustainable Development to work collaboratively with various stakeholders to develop each shoreline adaptation pathways plan;
(3) Requires the Department of Land and Natural Resources to consider a shoreline adaptation pathways plan as part of an application for a conservation district use permit within a designated regional shoreline mitigation district; and
(4) Appropriates moneys to the Office of Planning and Sustainable Development for the identification and establishment of regional shoreline mitigation districts and other efforts required by the measure.
Your Committee received written comments in support of this measure from the Department of Land and Natural Resources, Hawaii REALTORS, Shoreline Preservation Coalition, Hawaii Hotel Alliance ADF Furtado Properties LLC, Kahana Bay Steering Committee, Valley Isle Resort, and numerous individuals.
Your Committee received written comments on this measure from the Office of Hawaiian Affairs; Department of the Attorney General; Office of Planning and Sustainable Development; City and County of Honolulu Office of Climate Change, Sustainability, and Resiliency; and one individual.
Your Committee finds that this measure will help to establish the regional shoreline management necessary to protect public resources while reducing the short- and long-term risks caused by coastal hazards to shoreline properties and infrastructure.
Your Committee acknowledges that written comments provided by the Department of the Attorney General expressed concerns that, as drafted, this measure may presents a title issue. The Attorney General's comments noted that terminology used in the measure is inconsistent and differs from the term "regional shoreline mitigation districts," as used in the measure's title.
Should a Committee in the House of Representatives hear this measure, your Committee respectfully requests that it consider amending the terms "regional shoreline adaptation districts," "shoreline adaptation pathways plans," and other terminology throughout the measure to ensure that the title clearly expresses the subject and to resolve any inconsistencies between the use of the terms "shoreline adaptation" and "shoreline mitigation."
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2401, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 2683
Honolulu, Hawaii
RE: S.B. No. 2401
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2401 entitled:
"A BILL FOR AN ACT RELATING TO REGIONAL SHORELINE MITIGATION DISTRICTS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Office of Planning and Sustainable Development to approve the establishment of regional shoreline mitigation districts to facilitate regional coordination by shoreline property owners to address coastal erosion;
(2) Require the preparation of a regional coastal erosion and sediment management plan for each regional shoreline mitigation district;
(3) Establish procedures for the review of state and county permits associated with regional shoreline mitigation districts;
(4) Establish the support and integration of regional coastline erosion and sediment management planning as a policy under the coastal zone management program;
(5) Establish one full-time (1.0 FTE) temporary position; and
(6) Appropriate funds.
Your Committee received testimony in support of this measure from Oceanit Laboratories, Inc.; Hawaiʻi Association of REALTORS; Kahana Bay Steering Committee; and thirteen individuals.
Your Committee received testimony in opposition to this measure from the Department of Land and Natural Resources.
Your Committee received comments on this measure from the Office of Planning and Sustainable Development.
Your Committee finds that shorelines across the State are experiencing coastal erosion and sea-level rise, which has impacted housing stability and insurability in affected shoreline communities. The current parcel-by-parcel approach to erosion mitigation is not well-suited to the reality that erosion spans the coastline. Consequently, the parcel-by-parcel approach yields inconsistent results along the coastline that vary from property to property and within regional areas. A more coordinated and comprehensive regional approach grounded in a defined framework for regional planning, programmatic environmental review, and coordinated agency decision-making would provide a long-term planning solution to longstanding erosion concerns. This measure will authorize the establishment of regional shoreline mitigation districts to support coastline protection measures that are science-based, regionally designed, environmentally reviewed, and publicly accountable.
Your Committee has amended this measure by:
(1) Deleting the definitions of "emergency erosion mitigation structure" and "regional coastal erosion and sediment management plan";
(2) Deleting language that would have required the Office of Planning and Sustainable Development to identify potential regional shoreline mitigation districts; coordinate interagency review; facilitate participation by shoreline property owners; and receive, evaluate, and approve regional coastal erosion and sediment management plans for each shoreline mitigation district;
(3) Deleting language that would have authorized the Office of Planning and Sustainable Development to recognize and approve a shoreline mitigation district upon petition by certain property owners and the applicable county;
(4) Deleting language that would have established certain requirements and procedures for a regional coastal erosion and sediment management plan;
(5) Deleting language that would have authorized the consideration of certain financing mechanisms to implement a regional coastal erosion and sediment management plan;
(6) Deleting language that would have required county agencies and the Board of Land and Natural Resources to review any permit and approval applications required to implement shoreline erosion mitigation actions within a regional shoreline mitigation district for consistency with the applicable approved regional coastal erosion and sediment management plan;
(7) Inserting language to require that the Office of Planning and Sustainable Development serve in a planning and coordinating role to develop shoreline adaptation pathways planning for regional shoreline mitigation districts designated by the Office and identify potential shoreline adaptation districts, facilitate participation by certain individuals, and provide technical assistance and planning guidance;
(8) Inserting language to require that the Office of Planning and Sustainable Development coordinate shoreline adaptation pathways planning with the Department of Land and Natural Resources, applicable county planning department, and community;
(9) Inserting language to require that the Office of Planning and Sustainable Development collaborate with community stakeholders and shoreline property owners and consider certain criteria when developing a shoreline adaptation pathways plan;
(10) Inserting language to require that any shoreline adaption pathway identified or proposed in a shoreline adaptation pathways plan shall prioritize the preservation of public beaches and shall provide for lateral public access along the shoreline;
(11) Inserting language to require that any shoreline adaptation plan to engage in culturally informed, community-engaged planning to determine the appropriate shoreline adaptation pathway;
(12) Inserting language to require the Office of Planning and Sustainable Development to coordinate its review of a shoreline adaptation pathways plan with the Department of Land and Natural Resources, applicable county agencies, and relevant federal agencies;
(13) Inserting language authorizing the Office of Planning and Sustainable Development, upon finalization of a shoreline adaptation pathways plan, to transmit the plan to the Board of Land and Natural Resources for approval;
(14) Inserting language to authorize the Board of Land and Natural Resources to adopt a shoreline adaptation pathways plan after determining that the plan satisfies certain requirements;
(15) Inserting language that amends the definition of "regional shoreline mitigation district" and that provides definitions for "shoreline adaptation pathways" and "shoreline adaptation pathways plan";
(16) Deleting language that would have established procedures for the review of proposed permits or approval applications for a regional coastal erosion and sediment management plan located in the conservation district;
(17) Inserting language to require that an applicant to submit to the Department of Land and Natural Resources an adaptation pathways plan as part of a conservation district use permit application;
(18) Deleting language that would have supported the integration of regional coastline erosion and sediment management planning as a policy under the coastal zone management program;
(19) Inserting language to establish the support and integration of shoreline adaptation pathways planning for the preservation of public beaches and public resources, which may include the protection of shoreline properties, as a policy under the coastal zone management program;
(20) Inserting additional legislative findings;
(21) Amending section 1 to reflect its amended purpose; and
(22) Inserting an effective date of January 1, 2065, to encourage further discussion;
(23) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2401, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2401, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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Date
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Testimony PDF
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|---|---|
| Apr 2, 2026 | SB2401_HD1_TESTIMONY_FIN_04-02-26_.PDF |
| Mar 19, 2026 | SB2401_SD1_TESTIMONY_WAL_03-19-26_.PDF |
| Mar 3, 2026 | SB2401_SD1_TESTIMONY_WAM_03-04-26_.PDF |
| Feb 6, 2026 | SB2401_TESTIMONY_WLA_02-06-26_.PDF |
Discussed in Hearing
18SEC
Senate Floor
1MIN
Senate Floor
38SEC
Conference Committee
56SEC
Conference Committee
15MIN
Conference Committee
6MIN
Conference Committee
26SEC
Conference Committee
1MIN
Conference Committee
Bill Author
Bill Co-Author(s):
