REPORT TITLE:
Kaneohe Bay; Private Piers


DESCRIPTION:
Requires any unpermitted pier in Kaneohe Bay existing in whatever
form on the effective date of this section to be considered a
nonconforming use, and allows the same to continue although the
use does not conform to the laws relating to the management and
disposition of public lands and the conservation district.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1711       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO KANEOHE BAY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 200, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§200-     Kaneohe Bay; private piers.  (a)  For the
 
 5 purposes of this section only:
 
 6      "COLREG" refers to the International Regulations for
 
 7 Preventing Collisions at Sea, 1972.
 
 8      "Kaneohe Bay" means the area encompassed by the shoreline
 
 9 and the COLREG Demarcation Line, as indicated on National Oceanic
 
10 and Atmospheric Administration map no. 19359, on the effective
 
11 date of this section.
 
12      "Pier" means any covered or uncovered, enclosed or
 
13 unenclosed, deck, dock, platform, ramp, seawall, staircase, or
 
14 boat house that is used at least part of the time as a pier,
 
15 whether floating or built on submerged lands or the shoreline,
 
16 regardless of its width, height, length, construction material,
 
17 abutment to permitted land-based structures, or state of
 
18 disrepair.
 
19      "Shoreline" has the same meaning as defined in section
 

 
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                                     H.B. NO.1711       
                                                        
                                                        

 
 1 205A-1.
 
 2      (b)  Any unpermitted pier in Kaneohe Bay existing in
 
 3 whatever form on the effective date of this section shall be
 
 4 considered a nonconforming use and may be continued although the
 
 5 use does not conform to chapters 171 and 183C; provided that:
 
 6      (1)  The unpermitted pier may not be replaced,
 
 7           reconstructed, or expanded or changed to another
 
 8           nonconforming use;
 
 9      (2)  If the use of the unpermitted pier is discontinued or
 
10           held in abeyance for a period of one year, the further
 
11           continuation of the nonconforming use shall be
 
12           prohibited;
 
13      (3)  The unpermitted pier shall be considered the private
 
14           property of its owner, and not the property of the
 
15           State or public property, notwithstanding section 171-
 
16           36(a)(9) to the contrary;
 
17      (4)  Any claim for personal damages or property damages
 
18           resulting from the unpermitted pier shall be the sole
 
19           responsibility of its owner, and not the responsibility
 
20           of the State or the county; and
 
21      (5)  The use of submerged lands and shoreline by the owner
 
22           of the pier shall be subject to an annual fee of not
 
23           more than $         but not less than $         per
 

 
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                                     H.B. NO.1711       
                                                        
                                                        

 
 1           year per square foot.
 
 2      (d)  The department shall adopt rules in accordance with
 
 3 chapter 91 to carry out the purposes of this section."
 
 4      SECTION 2.  New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:_________________________