HB1823 CD1

SECTION 1. The legislature finds that the federal Coastal Zone Management Act establishes a national framework for states and territories to consider when managing coastal resources and determining potential impacts on those resources. The Act also authorizes the federal government to provide financial assistance to support coastal management efforts.

The legislature further finds that the Coastal Zone Management Act's permitting framework is intended to regulate special management area development while allowing certain activities to proceed without unnecessary delay. These activities, expressly excluded from the statutory definition of "development", are not intended to be subject to special management area use permit requirements.

The legislature also finds that it is in the public interest to streamline the delivery of essential public infrastructure, which may be accomplished, in part, by creating a targeted permitting exemption for projects that have been determined, under chapter 343, Hawaii Revised Statutes, to be exempt from the preparation of an environmental assessment or to have no significant environmental impact.

Accordingly, the purpose of this Act is to apply a definition of "development", as it pertains to special management areas, in certain counties of the State to exempt from special management area use permit requirements all activities that are not included in that definition, including certain federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued.

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

"§205A- Development; certain counties of the State. (a) Notwithstanding the definition of "development" under section 205A-22, in counties with a population between one hundred fifty thousand and two hundred thousand, the definition of "development" under subsection (b) shall apply.

(b) "Development":

(1) Means any of the uses, activities, or operations on land or in or under water within a special management area that are included below:

(A) Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

(B) Grading, removing, dredging, mining, or extraction of any materials;

(D) Change in the intensity of use of water, ecology related thereto, or of access thereto; and

(E) Construction, reconstruction, or alteration of the size of any structure; and

(2) Does not include the following and the following should be exempt from special management area use permit requirements:

(A) Construction or reconstruction of a single-family residence that is less than seven thousand five hundred square feet of floor area; is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion; and is not part of a larger development;

(B) Repair or maintenance of roads and highways within existing rights-of-way;

(D) Repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures including pad mounted transformers and sewer pump stations;

(E) Zoning variances, except for height, density, parking, and shoreline setback;

(F) Repair, maintenance, or interior alterations to existing structures;

(G) Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers;

(H) Use of any land for the purpose of cultivating, planting, growing, and harvesting plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes, including all traditional fishpond and traditional agricultural practices;

(I) Transfer of title to land;

(J) Creation or termination of easements, covenants, or other rights in structures or land;

(K) Subdivision of land into lots greater than twenty acres in size;

(L) Subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed; provided that any land that is so subdivided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels;

(M) Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors;

(N) Structural and nonstructural improvements to existing single-family residences, where otherwise permissible;

(O) Nonstructural improvements to existing commercial or noncommercial structures;

(P) Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens;

(Q) Installation, maintenance, repair, and replacement of public pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs, signals, and associated improvements;

(R) Trash removal or invasive vegetation removal or control, including incidental ground disturbance, excluding the use of herbicides;

(S) Installation of fencing, including associated improvements and incidental structures, for invasive species control or preservation of native habitats on conservation land;

(T) Installation, maintenance, repair, and replacement of lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities;

(U) Installation, maintenance, repair, and replacement of security measures, including fencing, to existing public facilities;

(V) Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko iʻa, traditional Hawaiian fishponds;

(W) Reconstruction of any lawfully constructed structure that was damaged or destroyed in a disaster proclaimed by the governor to constitute a state of emergency pursuant to chapter 127A, or a disaster declared pursuant to federal law; provided that:

(i) The structure is not situated on a shoreline parcel or a parcel that is impacted by waves, storm surges, high tide, or shoreline erosion;

(ii) Reconstruction commences within six years from the date that the proclamation is issued; and

(iii) The reconstructed structure is similar to its original footprint or overall dimensions that were existing or permitted and in compliance with the requirements of floodplain management standards; and

(X) Federal-, state-, or county-funded, authorized, or implemented infrastructure and improvement projects that are exempt from an environmental assessment or for which a finding of no significant impact has been issued under chapter 343; provided that for the purposes of this subparagraph, "infrastructure" includes waterlines and water facilities; waste waterlines and wastewater facilities; drainage facilities; electrical, communications, telephone, and cable television utilities; and highway, roadway, bridge, and driveway improvements;

provided that if the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	1823
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 2
		C.D. 1