Prohibitions
HRS §205A-44
in effect205A-44. Prohibitions
(a) The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area is prohibited with the following exceptions:
(1) The inadvertent taking from the shoreline area of
the materials, such as those inadvertently carried away on the body, and on clothes,
toys, recreational equipment, and bags;
(2) Where the mining or taking is authorized by a variance
pursuant to this part;
(3) The clearing of these materials from existing drainage
pipes and canals and from the mouths of streams including clearing for the purposes
under section 46-11.5; provided that the sand removed shall be placed on adjacent
areas unless the placement would result in significant turbidity;
(4) The cleaning of the shoreline area for state or county
maintenance purposes, including the clearing for purposes under section 46-12; provided
that the sand removed shall be placed on adjacent areas unless the placement would
result in significant turbidity;
(5) The taking of driftwood, shells, beach glass, glass
floats, or seaweed;
(6) The exercise of traditional cultural practices as
authorized by law or as permitted by the department pursuant to article XII, section
7, of the Hawaii State Constitution; or
(7) For the response to a public emergency or a state
or local disaster.
(b) Except as provided in this section,
structures are prohibited in the shoreline area without a variance pursuant to
this part. Structures in the shoreline area shall not need a variance if:
(1) They were completed prior to June 22, 1970;
(2) They received either a building permit, board
approval, or shoreline setback variance prior to June 16, 1989;
(3) They are outside the shoreline area when they
receive either a building permit or board approval;
(4) They are necessary for or ancillary to
continuation of existing agriculture or aquaculture in the shoreline area on
June 16, 1989;
(5) They are minor structures permitted under rules
adopted by the department which do not affect beach processes or artificially
fix the shoreline and do not interfere with public access or public views to
and along the shoreline; or
(6) Work being done consists of maintenance, repair,
and minor additions or alterations of legal boating, maritime, or watersports
recreational facilities, which are publicly owned, and which result in little
or no interference with natural shoreline processes;
provided that permitted structures may be repaired,
but shall not be enlarged, rebuilt, or replaced within the shoreline area
without a variance.
[L 1986, c 258, pt of §1; am L 1988, c 375, §1; am L 1989, c
356, §12; am L 2013, c 120, §2; am L 2020, c 16, §10]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0205A/HRS_0205A-0044.htmFetched: 11/10/2026