SB 2547: Coastal Zone Management Act; Special Management Areas; Permitting; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption; Lahaina; Maui Wildfires

A BILL FOR AN ACT

RELATING TO THE COASTAL ZONE MANAGEMENT ACT.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to temporarily exempt from special management area use permit requirements a state- or county-funded infrastructure improvement project that is:

     (1)  Exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343; and

     (2)  Within a zone established in Lahaina in the aftermath of the 2023 Maui wildfires that has been designated for reentry by the State or county of Maui as of January 1, 2026.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and

     (2)  Does not include the following:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

               (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

              (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

             (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  State- or county-funded infrastructure improvement projects that are exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343 and within a zone established in Lahaina in the aftermath of the 2023 Maui wildfires that has been designated for reentry by the State or county of Maui as of January 1, 2026; provided that:

               (i)  The project is proposed, funded, authorized, or implemented by the State or the county of Maui;

              (ii)  The project is limited to the repair, maintenance, restoration, replacement, enhancement, or new construction of public infrastructure, including waterlines and waste facilities; waste waterlines and wastewater facilities; drainage facilities; and electrical, communications, road, pedestrian, and bicycle multi-modal facilities and improvements;

             (iii)  The project is consistent with the applicable county's community plan, including any regional, district, or community-based plan adopted by ordinance; and

              (iv)  The sponsoring agency issues a written determination of consistency with the applicable county's community plan, including citations to relevant policies or implementation actions supporting the determination;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050, and shall be repealed on June 30, 2029; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to  section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Areas; Permitting; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption; Lahaina; Maui Wildfires

Description:

Amends the definition of "development," as it pertains to coastal zone management, to exclude any state- or county-funded infrastructure improvement project that is exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343, HRS.  Applies only to zones established in Lahaina in the aftermath of the 2023 Maui wildfires that have been designated for reentry by the State or county of Maui as of January 1, 2026.  Effective 7/1/2050.  Sunsets 6/30/2029.  (SD1)

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

A BILL FOR AN ACT

Relating to the Coastal Zone Management Act.

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

     SECTION 1.  The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources.  The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

     The legislature further finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

     Accordingly, the purpose of this Act is to amend the definition of "development" as it pertains to coastal zone management areas in the State to exempt from special management area use permit requirements state- or county-sponsored infrastructure improvement projects that are consistent with applicable county community plans.

     SECTION 2.  Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows:

     ""Development":

     (1)  Means any [of the uses, activities, or operations on land or in or under water within a special management area that are included below:

          (A)  Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

          (B)  Grading, removing, dredging, mining, or extraction of any materials;

          (C)  Change in the density or intensity of use of land, including but not limited to the division or subdivision of land;

          (D)  Change in the intensity of use of water, ecology related thereto, or of access thereto; and

          (E)  Construction, reconstruction, or alteration of the size of any structure; and]

          use, activity, or structure, whether temporary or permanent, on land or in the water within the shoreline area that is placed, erected, or modified; and

     (2)  Does not include the following:

          (A)  Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

          (B)  Repair or maintenance of roads and highways within existing rights-of-way;

          (C)  Routine maintenance dredging of existing streams, channels, and drainage ways;

          (D)  Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

          (E)  Zoning variances, except for height, density, parking, and shoreline setback;

          (F)  Repair, maintenance, or interior alterations to existing structures;

          (G)  Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

          (H)  Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

          (I)  Transfer of title to land;

          (J)  Creation or termination of easements, covenants, or other rights in structures or land;

          (K)  Subdivision of land into lots greater than twenty acres in size;

          (L)  Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

          (M)  Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

          (N)  Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

          (O)  Nonstructural improvements to existing commercial or noncommercial structures;

          (P)  Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

          (Q)  Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

          (R)  Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

          (S)  Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

          (T)  Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

          (U)  Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

          (V)  Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko i`a, traditional Hawaiian fishponds; [and]

          (W)  Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

               (i)  The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

              (ii)  Reconstruction commences within six years from the date that the proclamation is issued; and

             (iii)  The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

          (X)  State- or county-sponsored infrastructure improvement projects; provided that:

               (i)  The project is proposed, funded, authorized, or implemented by the State or a county of the State;

              (ii)  The project is limited to the repair, maintenance, restoration, replacement, enhancement, or new construction of public infrastructure, including roads and bridges; water, wastewater, drainage, and stormwater management facilities; flood control, erosion control, and coastal resilience projects; public facilities; and public utility systems;

             (iii)  The project is consistent with the applicable county's community plan, including any regional, district, or community-based plan adopted by ordinance; and

              (iv)  The sponsoring agency issues a written determination of consistency with the applicable county's community plan, including citations to relevant policies or implementation actions supporting the determination;

          provided that [whenever] if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that the amendments made to section 205A-22, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on July 1, 2028, pursuant to  section 5 of Act 304, Session Laws of Hawaii 2025.

Report Title:

Coastal Zone Management Act; Special Management Areas; Permitting; Requirements; Development; Excluded Activities; Public Infrastructure Improvement Projects; Exemption

Description:

Amends the definition of "development," as it pertains to coastal zone management, to exempt state- or county-sponsored infrastructure improvement projects that are consistent with the applicable county's community plans.

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

STAND. COM. REP. NO. 2512

Honolulu, Hawaii

RE:     S.B. No. 2547

        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. 2547 entitled:

"A BILL FOR AN ACT RELATING TO THE COASTAL ZONE MANAGEMENT ACT,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "development" as it pertains to coastal zone management areas in the State to exempt from special management area use permit requirements state- or county-sponsored infrastructure improvement projects that are consistent with applicable county community plans.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui and the Grassroot Institute of Hawaii.

     Your Committee received testimony in opposition to this measure from Earthjustice and one individual.

     Your Committee received comments on this measure from the Department of Land and Natural Resources and the Office of Planning and Sustainable Development.

     Your Committee finds that the federal Coastal Zone Management Act established a national framework for states and territories to consider when managing coastal resources and authorized the federal government to provide financial assistance to support coastal management efforts.  However, certain projects require a special management area use permit, which often takes six months to a year to review and requires a public hearing and vote by a planning commission or county council, further subjecting the project to uncertainty.  This measure will expedite delivery of critical infrastructure projects and lower taxpayer costs associated with this public service.

     Your Committee acknowledges the recommendations provided in testimony by the Office of Planning and Sustainable Development that the language stricken in the measure from section 205A-22, Hawaii Revised Statutes, should be reinstituted to provide clarification to county authorities and to align with appropriate definitions; and that the language added to section 205A-22, Hawaii Revised Statutes, should be amended to exclude from the definition of "development" certain projects that are exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343, Hawaii Revised Statutes.  Amendments to this measure are therefore necessary to adopt these recommendations.

     Accordingly, your Committee has amended this measure by:

     (1)  Restoring existing statutory language that defines "development" as the various uses, activities, or operations on land or in or under water within a special management area;

     (2)  Deleting language that would have defined "development" as any use, activity, or structure, whether temporary or permanent, on land or in the water within the shoreline area that is placed, erected, or modified;

     (3)  Clarifying that "development" does not include state- or county-funded infrastructure improvement projects that are exempted from an environmental assessment or determined as a finding of no significant impact under chapter 343, Hawaii Revised Statutes;

     (4)  Inserting language that limits the purpose of the bill to apply only to zones established in Lahaina in the aftermath of the 2023 Maui wildfires that have been designated for reentry by the State or county of Maui as of January 1, 2026;

     (5)  Specifying that "infrastructure" includes waterlines and water facilities; waste waterlines and wastewater facilities; drainage facilities; and electrical, communications, pedestrian, and bicycle multi-modal facilities and improvements;

     (6)  Inserting an effective date of July 1, 2050, to encourage further discussion;

     (7)  Inserting a sunset date of June 30, 2029; and

     (8)  Amending section 1 to reflect its amended purpose.

     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. 2547, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2547, 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,