SB 2402: Coastal Zone Management; Erosion Mitigation; Shorelines; Permits

THE SENATE	S.B. NO.	2402
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EMERGENCY EROSION MITIGATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Hawaii's coastal communities are experiencing increasing instances of rapid shoreline erosion that threaten existing homes, public safety, coastal access, and essential public infrastructure.  While Act 16, Session Laws of Hawaii 2020, strengthened the State's policy of preserving natural shoreline processes and generally prohibiting private shoreline hardening structures, the legislature recognizes that some flexibility is necessary to address situations where erosion poses an imminent threat to life, property, or public safety.

     The legislature further finds that chapter 205A, Hawaii Revised Statutes, currently restricts private shoreline hardening through an express prohibition, which may limit the ability of state and county authorities to authorize narrowly tailored erosion control measures in emergency circumstances.  The legislature believes that amending this framework to require the minimization, rather than the absolute prohibition, of shoreline hardening will allow the use of carefully reviewed and appropriately conditioned emergency measures where necessary, while preserving the State's strong policy preference against unnecessary or excessive shoreline armoring.

     The legislature recognizes that an emergency land use permitting process exists under the jurisdiction of the department of land and natural resources for lands within the conservation district.  However, the existing statutory framework does not establish a defined duration for emergency permits or clarify their role as temporary measures intended to stabilize conditions while longer-term solutions are evaluated and pursued through applicable land use and shoreline management processes, including those under chapter 205A, Hawaii Revised Statutes.  This lack of clarity has resulted in uncertainty for applicants, regulators, and affected communities.

     Accordingly, the purpose of this Act is to:

     (1)  Amend section 205A-2, Hawaii Revised Statutes, to replace the absolute prohibition on private shoreline hardening with a policy requiring the minimization of these structures, thereby allowing limited, carefully conditioned shoreline protection measures where necessary to address imminent erosion threats; and

     (2)  Amend chapter 183C, Hawaii Revised Statutes, by establishing a clear, time-limited statutory framework for emergency permits within the conservation district, including defined standards for permit duration and extension.

     These amendments are intended to provide a balanced, responsible, and clearly regulated approach that allows emergency and, where appropriate, longer-term shoreline protection measures, while maintaining Hawaii's long-standing commitment to preserving natural shoreline processes and public coastal resources.

     SECTION 2.  Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§183C-     Emergency permits.  (a)  An emergency permit issued pursuant to this chapter shall be valid for a period of up to five years from the date of issuance.  The chairperson, or the deputy director when acting in the chairperson's absence, may authorize one or more extensions of an emergency permit beyond the initial approved period only upon a determination, supported by written findings, that:

     (1)  Emergency conditions or public safety concerns persist notwithstanding the measures authorized under the permit; and

     (2)  Continued authorization of the emergency use remains necessary to prevent imminent harm while longer-term solutions consistent with the conservation district are pursued.

     (b)  A permittee seeking an extension shall submit a written request no later than ninety days prior to the expiration of the initial permit period, including documentation demonstrating the continuing emergency condition and the steps taken or planned to address the underlying cause of the emergency."

     SECTION 3.  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;

     (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] Minimize the 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 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 1, 2027.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Coastal Zone Management; Erosion Mitigation; Shorelines; Permits

 

Description:

Replaces the current statutory prohibition on private shoreline hardening with a policy directing the minimization of these structures.  Establishes a clear, time-limited statutory framework for emergency permits within the conservation district, including defined standards for permit duration and extension.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.