HB1816 HD2

Report Title:

Shoreline Setbacks

 

Description:

Amends the coastal zone management law to require applicants for shoreline certification to mail copies of applications for certification, including proposed maps and photographs, to the county planning department, the office of environmental quality control, and abutting property owners.(HB1816 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	1816
TWENTY-FIRST LEGISLATURE, 2002		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO COASTAL ZONE MANAGEMENT.

 

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

SECTION 1. Under current law, the burden is on adjacent property owners to search the periodic bulletin published by the office of environmental quality control for notices of applications for shoreline certification that may affect them. The legislature finds, however, that shoreline certifications are too important for the burden to be on individual neighboring property owners. Rather, the burden should be on the applicant to inform the neighboring property owners, the general public, and the county of the filing of an application for shoreline certification.

The purpose of this Act is to require applicants to mail copies of applications for shoreline certification, including proposed maps and photographs, to the county planning department, the office of environmental quality control, and abutting property owners.

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§205A-   Shoreline certification; notice. An applicant for shoreline certification under this part shall provide a copy of the application for shoreline certification, including the proposed map and photographs, by certified mail to:

(1) All abutting shoreline property owners;

(2) The office of environmental quality control for publication in its periodic bulletin; and

(3) The county planning department.

The notification may be made to the respective homeowners board or association of the affected condominium property regime or cooperative housing corporation in lieu of individual owners. The applicant shall further provide to the chairperson of the board of land and natural resources a certificate of service with respect to the property owners and the county planning department who have been served. The board of land and natural resources may adopt rules pursuant to chapter 91 as may be necessary to implement this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.