Maui Planning Commission
33
Lana’i Planning Commission Coastal Zone Management Act Special Management Area Rules Shoreline Setback Rules and Regulations Jim Buika Coastal Resource Planner July 21, 2010
Transcript of Maui Planning Commission
Lana’i
Planning Commission
Coastal Zone Management ActSpecial Management Area Rules
Shoreline Setback Rules and Regulations
Jim BuikaCoastal Resource Planner
July 21, 2010
Outline of Presentation
1.
Coastal Zone Management Act, HRS 205A
2.
Lana’i
Planning Commission Roles under Special Management Area Rules for the Lana’i Planning Commission (Title MC-12, Ch. 402)
3. Shoreline Setback Rules and Regulations for the Lana’i Planning Commission (Title MC-12, Ch. 403)
4.
Concluding Remarks
Coastal Zone Management Act (CZM)
1.
Hawaii CZM Statute Enacted and Codified as HRS 205A in 1977, approved in 1978
2.
State’s Resource Management Policy Umbrella
3.
CZM law manages all Hawaiian islands
4. Special Management Area Permit System & Shoreline Setback Variance
The Planning Framework
General Plan & Community Plans(Ch 2.80B, MCC)
General Plan1990
Community Plans:
Kihei-MakenaWailuku-Kahului
Paia-HaikuMakawao-Pukalani-Kula
West MauiHana
LPC REVIEW:Community Plan
Amendments (CPA)
State Constitution
Hawaii StatePlanning Act(Ch 226, HRS)
Charter2002
State
CountyLPC
Land Use Commission(Ch 205, HRS)
DistrictBoundary
Amendment
SpecialUse Permits
>15 acresyes
LPC REVIEW:<15 acres (DBA)
Special Use Permit(SUP1 & 2)
noLUC
Zoning(Ch 46, HRS)
Zoning(Title 19, MCC)
ComprehensiveZoning
(Ch 19.04, MCC)
InterimZoning
(Ch 19.02, MCC)
LPC REVIEW:Change in Zoning (CIZ)Conditional Permit (CP)
County Special Use Permit (CUP)Planned Developments (PD1-3)
Project Districts (PH1-2)Accessory Use Permit (ACC)
Bed & Breakfast (BB2-3)Country Town Business CTB)
Off-Site Parking (OSP)
ShorelineSetback Rules
(Ch 12-403, LPC)
LPC REVIEW:SMA Permit (SM1)SM5 ExemptionsVariances (SSV)
EnvironmentalImpact
Statements(Ch 343, HRS)
LPC REVIEW:EA DocsEIS Docs
SpecialManagementArea Rules
(Ch 12-402, LPC)
Coastal ZoneManagement
(Ch 205A, HRS)
Presenter
Presentation Notes
As you can see by the Planning Framework Chart, the Coastal Zone Management is separate from the land use policies and zoning laws of the state. Coastal Zone Management Act adopted in 1978 by Hawaii State Legislature Community Plans Pursuant to Section 8.5(6), Maui County Charter….the community plans are part of the general plan. Six (6) planning regions Purpose & intent Background: Extensive Public Participation Creates CZM Law Hawaii’s CZM Program was the product of perhaps the most extensive citizen participation effort in the nation at the time. Throughout the planning, there was citizen involvement. Regional citizen advisory committees provided local input and reactions to the substance of the plan. A Statewide Citizens Forum comprising 50 to 60 people representing a range of interests provided the statewide perspective. To link the local perspectives, the chairs of the regional citizen advisory committees participated as members. A Policy Advisory Committee comprising state and county directors having CZM related responsibilities and two members of the Legislature provided the statewide policy perspective. In addition, a Federal Advisory Contacts Group organized by the State CZM planners provided the federal perspective. All bases were covered. But in the final analysis, the citizens flexed their muscle and demonstrated power and influence. Rebuking public pronouncements by a few legislative leaders that a CZM law would not be enacted, the Statewide Citizens Forum lobbied aggressively for a state CZM law. Not only did it convince the Legislature to enact a law, it also influenced the adoption of its proposal for the initial set of seven objectives and supporting policies that defined the CZM program, word for word, typographical errors and all. In doing so, the Statewide Citizens Forum made CZM a citizens’ program and took it upon itself to protect and preserve it from repeal. The SMA permit is the most recognized component of CZM; however, it is the most misunderstood. Citizens do not readily understand land use policy terms like urban or resort or know how to deal with them. They relate better to specific project designs, for which they can more easily translate the impacts on public access, ecosystem, water quality, aesthetic, historic and cultural value, hazard, and other CZM related interests and concerns. This explains why citizens are more actively involved in the SMA permit process than in land use policy making. Moreover, because the SMA permit is the first required, citizens inappropriately use it to express land and water use policy interests and concerns. On the contrary, however, the SMA permit is not a land use policy determinant. As a management tool, its limited purpose is to assure that allowable developments are designed and carried out in a manner consistent with the CZM objectives and policies and SMA guidelines.
The Special Management Area (SMA) is a subset of thecoastal zone, delineated by the County Authority.
Presenter
Presentation Notes
The SMA boundary on each island was delineated by the county authority. By ordinance or rule, the authority can expand the SMA boundary at any time. If it exercises this right, its only obligation is the filing of a revised SMA map with the lead agency when the action is taken. SMA Boundaries dated June 8, 1977
CZM Act Authorizes Counties to Develop and Administer
SMA Rules and Shoreline Setback Rules
Special Management Area Rules for the Lana’i Planning Commission (Title MC-12, Ch. 402)
Shoreline Setback Rules and Regulations for the Lana’i Planning Commission (Title MC-12, Ch. 403)
Presenter
Presentation Notes
The SMA permit and shoreline setback variance are authorized under parts II and III of Chapter 205A and administered by the counties, except in community development districts where the CZM lead agency has the responsibility. The SMA permit is the most recognized component of CZM; however, it is the most misunderstood. Citizens do not readily understand land use policy terms like urban or resort or know how to deal with them. They relate better to specific project designs, for which they can more easily translate the impacts on public access, ecosystem, water quality, aesthetic, historic and cultural value, hazard, and other CZM related interests and concerns. This explains why citizens are more actively involved in the SMA permit process than in land use policy making. Moreover, because the SMA permit is the first required, citizens inappropriately use it to express land and water use policy interests and concerns. On the contrary, however, the SMA permit is not a land use policy determinant. As a management tool, its limited purpose is to assure that allowable developments are designed and carried out in a manner consistent with the CZM objectives and policies and SMA guidelines.
Purpose & Goal of the SMA Rules
Goal of the SMA Rules is to further the policy of the State, through the CZM Program, to preserve, protect, and where possible, restore the natural resources of the coastal zone.
As a management tool, the SMA Rules’
purpose is to set special controls, through a permitting process, to assure that allowable developments are designed and carried out in a manner consistent with the CZM objectives and policies
and
SMA guidelines.
Presenter
Presentation Notes
The SMA permit and shoreline setback variance are authorized under parts II and III of Chapter 205A and administered by the counties, except in community development districts where the CZM lead agency has the responsibility. The SMA permit is the most recognized component of CZM; however, it is the most misunderstood. Citizens do not readily understand land use policy terms like urban or resort or know how to deal with them. They relate better to specific project designs, for which they can more easily translate the impacts on public access, ecosystem, water quality, aesthetic, historic and cultural value, hazard, and other CZM related interests and concerns. This explains why citizens are more actively involved in the SMA permit process than in land use policy making. Moreover, because the SMA permit is the first required, citizens inappropriately use it to express land and water use policy interests and concerns. On the contrary, however, the SMA permit is not a land use policy determinant. As a management tool, its limited purpose is to assure that allowable developments are designed and carried out in a manner consistent with the CZM objectives and policies and SMA guidelines.
Objectives defined by the CZM ActIMPACTED
RESOURCES OBJECTIVES
Recreational Provide coastal recreational opportunities accessible to public
Historic & Cultural Protect, preserve, & restore natural and man-made, Hawaiian & American, cultural and historical resources
Scenic & Open Space Protect, preserve, & restore coastal views, open space, & scenery
Coastal Ecosystems Minimize adverse impacts & protect coastal ecosystems
Economic Uses Provide & co-locate coastal dependent facilities while minimizing negative impacts
Coastal Hazards Reduce risks to new structures and enhance public safety
Managing Development
Streamline permitting process, communication and public participation in management of coastal resources & hazards.
Public Participation Stimulate public awareness, education & participation
Beach Protection & Access
Enhance public beach access & minimize beach loss due to erosion
& site hardening
Marine Resources Conserve aquatic natural resources for sustainable development
Presenter
Presentation Notes
Development impacts available resources. To minimize impacts to these resources, the CZM has established objectives and policies to minimize impacts, where possible.
Special Management Area (SMA) Rules for the Lana’i Planning Commission
Chapter 12-402
Presenter
Presentation Notes
With this background, I will discuss the Special Management Area, or SMA, permit system. Unlike the CZM area, the SMA is much smaller and differs for each island. A geographic band around the island, it begins at the shoreline and extends inland as determined by the authority, or Planning Commission, to maintain, restore, and enhance the quality of the coastal environment. By statutes and county charters, land use policy making is reserved for three entities. At the broadest level, the State Land Use Commission establishes policies by placing all lands of the state into land use districts – urban, rural, conservation, and agricultural – and administers a quasi-judicial process for redistricting them. In the conservation district, the Board of Land and Natural Resources designates conservation subzones, each of which has allowable uses commensurate with its designation. The specific or detailed land use policies are established by the county councils in the county general and development plans. Therefore, permits and approvals are not policy determinants. Instead, they are management tools to assure the allowable uses and activities are designed and carried out in conformance with the applicable requirements, in the case of the SMA permit, the CZM objectives, policies, and SMA guidelines.
SMA Rules Provide Authorities to the Commission & Director
•
Any ‘proposed action’ within the SMA requires:–
An assessment by the authority.
•
The Commission is the authority for: –
SMA Major Use Permits–
SMA Exemptions.
•
The Director is the authority for:–
SMA Minor permits, –
SMA Emergency permits.
Presenter
Presentation Notes
In conjunction with the shoreline setback variance, the SMA permit is decided by the Planning Commission. In situations where there are multiple permits for a specific development, the SMA is the first obtained. However, this prerequisite does not preclude concurrent permit processing.
•
Assess whether a proposed activity is included in the definition of “development”
in HRS 205A-22,
definitions
•
Assess whether the activity is exempted from the definition of “development”
16 Exempted
categories that are considered “not development”; regardless of project value
•
If: Project is deemed 1) a “development”
and 2) valuation is greater than
$125,000 …
•
Then: LPC authorizes via Public Hearing Process
•
If: Project is deemed 1) a “development”
and 2) valuation is less than
$125,000 …
•
Then: Director authorizes with no Public Hearing as a Minor Permit.
The SMA Permitting Process: LPC’s
Role
Presenter
Presentation Notes
Within the SMA, the CZM law requires a permit for development. Wanting to prevent potentially bad projects, the Shoreline Protection Alliance intentionally defined “development” as broadly as possible. “Development” means any of the uses, activities, or operations on land or in or under water within a special management area as defined in HRS 205A-22 Definitions (5 categories) It is important to understand that the simple purpose of the SMA permit is to assure that allowable land and water uses and activities are designed and carried out in a manner consistent with the CZM objectives and policies and the SMA guidelines articulated in Section 205A-26. In an effort to enhance public understanding, we prepared “A Participant’s Guide to the Special Management Area (SMA) Permit Process in the State of Hawaii” in which we reiterated the purpose and highlighted the guidelines. The publication is available for distribution at the county planning departments, and local libraries have reference copies.
•
The SMA rules lists 12 criteria to evaluate a proposed action (Section 12-402-12(e))
•
Adverse effects may exist, but are minimized in light of a compelling public interest, such as public health & safety as well as economic development.
•
The proposed activity is consistent with SMA Guidelines
(under CZM law)
LPC SMA Rules Provide Assessment & Evaluation Criteria
•
Adequate
access to publicly owned beaches, recreational areas, wildlife & natural reserves
•
Adequate
& properly located public recreation areas•
Adequately
controlled, managed, & minimized impacts
from pollution and runoff•
Minimized
adverse effects to water resources, scenic
resources, and recreational amenities•
Minimized
risk to proposed structures from coastal
hazards
SMA Guidelines (HRS 205A-26): Ensure…
Presenter
Presentation Notes
The Commission has adopted the SMA Guidelines as stated in HRS 205A-26, Special Management Area Guidelines.
The LPC shall seek to minimize, where reasonable:–
Dredging, filling, altering coastal areas
–
Reduction in beach size
–
Impediments to public beach access & coastal recreation
–
Loss of coastal view planes
–
Adverse affects to water quality, fisheries, wildlife & habitat
–
Loss of existing or potential agricultural uses
Bottom Line: The Coastal Zone Management Act, through SMA Guidelines (205A-26) and our Lana’i
Planning Commission SMA Rules, seeks to minimize, where reasonable, adverse impacts to the environment.
SMA Guidelines Seek to Minimize …
SMA Rules SMA Assessment Criteria
A proposed action may have a significant effect on the environment when the proposed action:
1.
Involves irrevocable loss of natural or cultural resources2.
Significantly curtails range of beneficial uses of environment3.
Conflicts with State’s or County’s Long-term Environmental policies and goals
4.
Substantially affects the economic or social welfare of community;5.
Involves substantial secondary impacts and increased effects on infrastructure;
6.
Is part of a cumulative affect or involves commitment of a larger action;
7.
Substantially affects a rare, threatened, or endangered species of animal or plant, or its habitat;
8.
Is contrary to the State Plan, County’s General Plan, appropriate Community Plans, zoning, and subdivision ordinances;
9.
Detrimentally affects air or water quality or ambient noise levels;10.Affects environmentally sensitive area, such as a flood plain,
shoreline, tsunami zone, erosion-prone, coastal waters, fresh waters.11.Substantially alters natural land forms and existing public views to
and along the shoreline12.Contrary to objectives and policies of Coastal Zone Management Act
TYPES OF PERMITS Under SMA RULES: 12-402, LPC
PERMIT TYPE CRITERIA AUTHORITY
Major(SM1)
•
> $125,000•
Public hearing •
Owners within 500 feet notified by certified mail•
Conditions to avoid, minimize, & mitigate impactsLPC
Minor(SM2)
•
< $125,000•
No public hearing•
Conditions to avoid, minimize, & mitigate impacts•
Notification of LPC @ next scheduled meeting
Planning Director
Emergency(SM3)
•
Imminent and substantial harm to public welfare, or to prevent substantial physical harm to persons or property
•
Director may give oral approval, but must submit report to the Commission upon final determination.
•
Conditional Permit expires in 180 days•
LPC notified at next scheduled meeting.
Planning Director
Recent Emergency Permit: Kahana Sunset AOAO
Recent Emergency Permit: Kahana Sunset AOAO Life Safety and Potential Structural Collapse
Other Actions on PERMIT APPLICATIONS under SMA RULES: 12-402, LPC
CATEGORY CRITERIA AUTHORITY
Exempt(SM5)
•
“Defined as “Not a Development” (single family home) after a SMA Assessment is completed, and the proposed action is determined to have no adverse impacts on drainage, view planes, archaeology, historic, natural or coastal resources; including cumulative impacts
•
LPC provides review and determines final approval on exemptions.
LPC
Denied•
Inconsistent with state land use, general plan, community plan, and/or zoning
•
Adverse impact on coastal resources
LPC orPlanning Director
•
All Minor and Emergency Permits are reported to the Commission at its next regular meeting•
Can be contested by the Applicant or other parties by filing appeal with the Commission within 10 business days after Director’s decision.
Exemption versus Permit
•
A SMA Exemption cannot have conditions, because it is exempted from the SMA Permit Application process.
•
Sixteen categories of exemption …
•
A proposed action may be exempted if it includes measures to avoid, mitigate or minimize adverse impacts
–
e. g. approval from State Historic Preservation Division for Archaeological Monitoring during all ground altering activities
•
In contrast, a SMA Use Permit may contain formal conditions to avoid, mitigate or minimize adverse impacts on coastal resources
–
e. g. Standard Project Conditions and Project Specific Conditions.
Some Common Exemptions (HRS 205A-22)
•
Single Family residence, not part of a larger action;
•
Structural and nonstructural improvements to single-family residences;
•
Repair and maintenance of roads and highways;
•
Routine dredging of streams as maintenance;
•
Repair and maintenance of underground utilities;
•
Repair and maintenance of existing structures; and
•
Demolition of some structures.
Shoreline Setback Rules and Regulations for the Lana’i Planning
CommissionChapter 12-403
Presenter
Presentation Notes
With this background, I will discuss the Special Management Area, or SMA, permit system. Unlike the CZM area, the SMA is much smaller and differs for each island. A geographic band around the island, it begins at the shoreline and extends inland as determined by the authority, or Planning Commission, to maintain, restore, and enhance the quality of the coastal environment. By statutes and county charters, land use policy making is reserved for three entities. At the broadest level, the State Land Use Commission establishes policies by placing all lands of the state into land use districts – urban, rural, conservation, and agricultural – and administers a quasi-judicial process for redistricting them. In the conservation district, the Board of Land and Natural Resources designates conservation subzones, each of which has allowable uses commensurate with its designation. The specific or detailed land use policies are established by the county councils in the county general and development plans. Therefore, permits and approvals are not policy determinants. Instead, they are management tools to assure the allowable uses and activities are designed and carried out in conformance with the applicable requirements, in the case of the SMA permit, the CZM objectives, policies, and SMA guidelines.
Shoreline Objectives defined by the CZM ActIMPACTED
RESOURCES OBJECTIVES
Recreational Provide coastal recreational opportunities accessible to public
Historic & Cultural Protect, preserve, & restore natural and man-made, Hawaiian & American, cultural and historical resources
Scenic & Open Space Protect, preserve, & restore coastal views, open space, & scenery
Coastal Ecosystems Minimize adverse impacts & protect coastal ecosystems
Economic Uses Provide & co-locate coastal dependent facilities while minimizing negative impacts
Coastal Hazards Reduce risks to new structures and enhance public safety
Managing Development
Streamline permitting process, communication and public participation in management of coastal resources & hazards.
Public Participation Stimulate public awareness, education & participation
Beach Protection & Access
Enhance public beach access & minimize beach loss due to erosion
& site hardening
Marine Resources Conserve aquatic natural resources for sustainable development
Presenter
Presentation Notes
Development impacts available resources. To minimize impacts to these resources, the CZM has established objectives and policies to minimize impacts, where possible. These three CZM Objectives are the focus of the Shoreline Rules for the Maui Planning Commission.
Regulate development so that shorelines are protected, beach resources are conserved, visual and physical access preserved, and landowners do not incur unnecessary risk or shoreline hardening expenses
State Constitution
StateCounty
Commission
ShorelineSetbackRules
Planning CommissionAPPROVAL:
SMA Permit (SM1)SMA Exemption (SM5)
SS Variances (SSV)
EnvironmentalCompliance
(Ch 343, HRS)
Planning CommissionREVIEW & COMMENT:
EA DocsEIS Docs
SpecialManagementArea Rules
Coastal ZoneManagement
(Ch 205A, HRS)
CountyHomeRule
EnvironmentalAssessment or
Impact Statement
DLNR-OCCLState Certified
Shoreline Survey
GOAL of Shoreline Rules:
Shoreline Setback Objectives
1.
Move Out of Harms Way
2.
Plan the obsolescence of structures in shoreline setback
3.
Ensure Shoreline Access
4.
Limit the types of structures and activities in the Shoreline Area
Actions under LPC Shoreline RulesPERMIT TYPE CRITERIA AUTHORITY
Shoreline Setback
Determination(SSD)
•
Determines if the setback is properly calculated and located
•
Valid for one (1) year•
Normally requires State Certified Shoreline Survey
Planning Director
Shoreline Setback Approval
with conditions
(SSA)
•
Requires CH 343, HRS compliance (EA/EIS) •
Explicitly permitted activity or structure, or activity•
Determined to be a permissible minor structure/activity•
Requires a State Certified Shoreline Survey or delineation
•
Req. conditions to avoid / mitigate adverse impacts
Planning Director
Shoreline Setback
Variance with conditions
(SSV)
•
Requires CH 343, HRS compliance (EA/EIS)•
Public hearing / all abutting landowners notified•
Requires a State Certified Shoreline SurveyLPC
Denial
•
Can not prove non-conformity (e.g., illegal seawall)•
Hardens the shoreline or prevents sand transport•
Blocks public access to beaches or recreation•
Encroaches State-owned lands (e.g., beach reserve)
Planning Directoror LPC
•
Minor structure / activity–
<$20,000.
–
Does not impede the natural movement of the shoreline
–
Does not alter the existing grade of the setback area
•
New Structures–
Elevated one-foot above base flood elevation on pilings or columns
–
County is held harmless / no liability–
Does not harden the shoreline
Permissible Structures under Shoreline Setback Rules
Variance may be granted for structures necessary for or ancillary to:
•
Crops and Aquaculture•
Limited landscaping not affecting shoreline process
•
Drainage improvements •
Boating / water sports facilities
•
Public facility, repairs, improvements or utilities•
Private facilities and/or improvements that are clearly in the public interest
•
Private facilities that may artificially fix the shoreline, provided that erosion will cause hardship…
•
Private facilities or improvements which:–
Do not adversely affect beach processes
–
Do not artificially fix the shoreline–
Would result in hardship if not approved
Commission’s Role in Approving Shoreline Setback Variance
Mandatory Variance Conditions
•
Maintain safe lateral access for the public to and along the shoreline, or compensate for its loss –
(e.g., purchased easement)
•
Minimize risk of adverse impacts to beach processes
•
Minimize risk of structures failing
•
Comply with flood hazard rules
•
Minimize adverse impacts on public views to, from, and along the shoreline
•
LPC Shoreline Rules effective on Jan 1, 1996.
•
Regulate the use & activities of land within the shoreline setback area in order to protect health, safety, & welfare of the public
•
Provide minimum protection from coastal natural hazards, and
•
Ensure that the public use & enjoyment of shoreline resources are preserved & protected for future generations …
•
Method to determine the shoreline setback:
–
Average Lot Depth–
Requires State Cert. Shoreline
Shoreline Rules Provide for Determination of a Shoreline Setback Area
Average Lot Depth Setback Calculation
Average Lot Depth (ALD)•
ALD ≤
100 ft: 25 feet
•
100 ft < ALD ≤
160 feet: 40 feet
•
ALD ≥
160 feet: 25% of ALD up to 150 feet
Ave. Lot Depth above is 58.75 foot setback
Average Lot Depth can range from 25’ to 150’ Setback
Concluding Remarks
•
Lanai’s shoreline provides for tourism, economy, recreation, fishing & food, cultural practices, and our quality of life.
•
Our shore line is threatened with coastal erosion that is accelerating.
•
Our shoreline and coastal erosion processes are a system that needs to be studied and fully understood to make sound, scientifically-based planning decisions.
•
The Coastal Zone Management Act, through SMA Guidelines
(205A-26) and our SMA Rules for the Lana’i
Planning Commission seek to minimize, where reasonable, adverse impacts to the environment.
Comments and Questions
•
Jim Buika, Coastal Resource Planner
–
–
(808) 270-6271
•
Anna Benesovska, CZM Planner
–
–
(808) 463-3867
•
Tara Miller Owens, Univ. Hawaii, Sea Grant Extension Program
–
–
(808) 463-3868
