Hawaii 2025 Regular Session

Hawaii Senate Bill SB723 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 723 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to shoreline setbacks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 723
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	723
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to shoreline setbacks.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that real property in the State is often vulnerable to hazards such as coastal erosion and flooding from tsunamis, storms, and high waves. These hazards can be exacerbated by sea level rise and human-caused interruptions to natural sand supply. In Hawaii, all beaches are prone to seasonal or episodic erosion from high waves and storms. In addition, chronic erosion affects seventy per cent of the beaches on Oahu, Maui, and Kauai. The legislature further finds that numerous court decisions have affirmed that privately owned oceanfront land is lost when shorelines undergo landward retreat and oceanfront properties become smaller. Since oceanfront properties experience landward retreat, building setbacks need to be adjusted to respond to this new geographic landscape. Accordingly, the purpose of this Act is to establish greater shoreline setback requirements. SECTION 2. Section 205A-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Setbacks along shorelines [are established of not less than forty feet inland from the shoreline.] shall be calculated as follows: (1) A shoreline setback determined by taking the average lot depth, subtracting one hundred feet, dividing by two, and adding forty feet; provided that: (A) For lots with naturally occurring rocky shorelines, the shoreline setback line shall be not less than forty feet; (B) For all other lots, the shoreline setback line shall be not less than sixty feet; and (C) For all lots, the maximum setback shall be one hundred feet; or (2) For all lots with an average lot depth of over two hundred twenty feet, the greater setback of the following shall apply: (A) Forty feet inland from the shoreline, and an altitude of at least two meters above the shoreline; or (B) A shoreline setback of one hundred feet from the shoreline established by the board of land and natural resources pursuant to section 205A-42. For the purposes of this subsection, "average lot depth" means the measurement obtained by adding the lengths of the two sides of a lot that are at or near right angles with the shoreline, or the seaward boundary of the lot that runs roughly parallel to the shoreline if the property is not abutting the shoreline, to the length obtained by drawing a line from a point in the center of the makai side of the lot to a point in the center of the mauka side of the lot and dividing the resulting sum by three. For irregularly shaped lots including flag lots, triangular parcels, lots on peninsulas, and lots having ocean on two or more sides of the lot, the average lot depth shall be determined by the department. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto." SECTION 3. Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(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;] January 1, 2024; (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." 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 July 1, 2025. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that real property in the State is often vulnerable to hazards such as coastal erosion and flooding from tsunamis, storms, and high waves. These hazards can be exacerbated by sea level rise and human-caused interruptions to natural sand supply. In Hawaii, all beaches are prone to seasonal or episodic erosion from high waves and storms. In addition, chronic erosion affects seventy per cent of the beaches on Oahu, Maui, and Kauai.
50	50
51	51	The legislature further finds that numerous court decisions have affirmed that privately owned oceanfront land is lost when shorelines undergo landward retreat and oceanfront properties become smaller. Since oceanfront properties experience landward retreat, building setbacks need to be adjusted to respond to this new geographic landscape.
52	52
53	53	Accordingly, the purpose of this Act is to establish greater shoreline setback requirements.
54	54
55	55	SECTION 2. Section 205A-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
56	56
57	57	"(a) Setbacks along shorelines [are established of not less than forty feet inland from the shoreline.] shall be calculated as follows:
58	58
59	59	(1) A shoreline setback determined by taking the average lot depth, subtracting one hundred feet, dividing by two, and adding forty feet; provided that:
60	60
61	61	(A) For lots with naturally occurring rocky shorelines, the shoreline setback line shall be not less than forty feet;
62	62
63	63	(B) For all other lots, the shoreline setback line shall be not less than sixty feet; and
64	64
65	65	(C) For all lots, the maximum setback shall be one hundred feet; or
66	66
67	67	(2) For all lots with an average lot depth of over two hundred twenty feet, the greater setback of the following shall apply:
68	68
69	69	(A) Forty feet inland from the shoreline, and an altitude of at least two meters above the shoreline; or
70	70
71	71	(B) A shoreline setback of one hundred feet from the shoreline established by the board of land and natural resources pursuant to section 205A-42.
72	72
73	73	For the purposes of this subsection, "average lot depth" means the measurement obtained by adding the lengths of the two sides of a lot that are at or near right angles with the shoreline, or the seaward boundary of the lot that runs roughly parallel to the shoreline if the property is not abutting the shoreline, to the length obtained by drawing a line from a point in the center of the makai side of the lot to a point in the center of the mauka side of the lot and dividing the resulting sum by three. For irregularly shaped lots including flag lots, triangular parcels, lots on peninsulas, and lots having ocean on two or more sides of the lot, the average lot depth shall be determined by the department. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto."
74	74
75	75	SECTION 3. Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
76	76
77	77	"(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:
78	78
79	79	(1) They were completed prior to [June 22, 1970;] January 1, 2024;
80	80
81	81	(2) They received either a building permit, board approval, or shoreline setback variance prior to June 16, 1989;
82	82
83	83	(3) They are outside the shoreline area when they receive either a building permit or board approval;
84	84
85	85	(4) They are necessary for or ancillary to continuation of existing agriculture or aquaculture in the shoreline area on June 16, 1989;
86	86
87	87	(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
88	88
89	89	(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;
90	90
91	91	provided that permitted structures may be repaired, but shall not be enlarged, rebuilt, or replaced within the shoreline area without a variance."
92	92
93	93	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.
94	94
95	95	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
96	96
97	97	SECTION 6. This Act shall take effect on July 1, 2025.
98	98
99	99
100	100
101	101	INTRODUCED BY: _____________________________
102	102
103	103	INTRODUCED BY:
104	104
105	105	_____________________________
106	106
107	107
108	108
109	109
110	110
111	111	Report Title: Shoreline Setbacks Description: Increases shoreline setback requirements. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
112	112
113	113
114	114
115	115
116	116
117	117
118	118
119	119	Report Title:
120	120
121	121	Shoreline Setbacks
122	122
123	123
124	124
125	125	Description:
126	126
127	127	Increases shoreline setback requirements.
128	128
129	129
130	130
131	131
132	132
133	133
134	134
135	135	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.