Hawaii § 205A-44 - Prohibitions.

§ 205A-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] Revision Note "June 16, 1989" substituted for "the effective date of this Act" and "the effective date of this section" pursuant to § 23G-15. Cross References Mining or taking of sand, etc., see §171-58.5. Law Journals and Reviews Eliminating the Hardship Variance in Honolulu's Shoreline Setback Ordinance: The City and County of Honolulu's Public Trust Duties as an Exception to Regulatory Takings Challenges. 43 UH L. Rev. 464 (2021). Case Notes Cited: 132 H. 9, 319 P.3d 1017 (2014). Previous Vol04_Ch0201-0257 Next