Special management area guidelines
HRS §205A-26
in effect205A-26. Special management area guidelines
In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area:
(1) All development in the special management area
shall be subject to reasonable terms and conditions set by the authority in
order to ensure:
(A) Adequate access, by dedication or other
means, to publicly owned or used beaches, recreation areas, and natural
reserves is provided to the extent consistent with sound conservation
principles;
(B) Adequate and properly located public
recreation areas and wildlife preserves are reserved;
(C) Provisions are made for solid and liquid
waste treatment, disposition, and management that will minimize adverse effects
upon special management area resources; and
(D) Alterations to existing land forms and
vegetation, except crops, and construction of structures shall cause minimum
adverse effect to water resources, beaches, coastal dunes, and scenic and
recreational amenities and minimize impacts from floods, wind damage, storm
surge, landslides, erosion, sea level rise, siltation, or failure in the event
of earthquake.
(2) No development shall be approved unless the
authority has first found:
(A) That the development will not have any
significant adverse environmental or ecological effect, except as any adverse
effect is minimized to the extent practicable and clearly outweighed by public
health, safety, or compelling public interests. Those adverse effects shall
include but not be limited to the potential cumulative impact of individual
developments, each of which taken by itself might not have a significant
adverse effect, and the elimination of planning options;
(B) That the development is consistent with
the objectives, policies, and special management area guidelines of this
chapter and any guidelines enacted by the legislature; and
(C) That the development is consistent with
the county general plan, community plan, and zoning; provided that a finding of
consistency shall not preclude concurrent processing where a general plan,
community plan, or zoning amendment may also be required.
(3) The authority shall seek to minimize, where
reasonable:
(A) Dredging, filling or otherwise altering
any bay, estuary, salt marsh, river mouth, slough or lagoon;
(B) Any development that would reduce the
size of any beach or other area usable for public recreation;
(C) Any development that would reduce or
impose restrictions upon public access to tidal and submerged lands, beaches,
portions of rivers and streams within the special management areas and the mean
high tide line where there is no beach;
(D) Any development that would substantially
interfere with or detract from the line of sight toward the sea from the state
highway nearest the coast; and
(E) Any development that would adversely
affect water quality, existing areas of open water free of visible structures,
existing and potential fisheries and fishing grounds, wildlife habitats, or
potential or existing agricultural uses of land.
[L 1975, c 176, pt of §1; am L
1977, c 188, §10; am L 1979, c 200, §9; am L 1984, c 113, §2; am L 1994, c 3,
§2; am L 2020, c 16, §5]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0205A/HRS_0205A-0026.htmFetched: 11/10/2026