HAR §13-222-18. Restoration of shoreline

(a) In cases where the shoreline has been lost due to subsidence due to earthquake, or storm or tidal waves, the property owner may apply to the department to certify the shoreline at or near the location which existed immediately prior to the event that resulted in the property loss. 222-16 (b) The property owner, in addition, shall also submit an application to restore the shoreline at or near the location which existed immediately prior to the event that resulted in the property loss. If the shoreline is not restored within one year from the time of the event which caused the property loss, the chairperson shall certify the existing shoreline. This time period may be extended by the chairperson upon substantial compliance with this section. (c) The property owner shall be required to provide documentation satisfactory to the department of the following: (1) The event which resulted in the property loss; (2) The extent of the damage to the shoreline; and (3) Any demonstrative evidence depicting the shoreline before and after the event which caused the property loss. (d) The property owner shall be responsible for obtaining all other federal, state and county permits applicable to restoration of the property. [Eff 12/10/88; am and comp MAR 29 2003 ] (Auth: HRS §§205A-42, 205A-49) (Imp: HRS §§183-41, 205A-42) §13-222-19 Encroachment upon state land and unauthorized shoreline improvements. The chairperson shall not certify the shoreline in cases where an unauthorized improvement encroaches upon state land or where an unauthorized improvement interferes with the natural shoreline processes. The property owner shall first resolve the encroachment or violation problem with the applicable department prior to the chairperson certifying the shoreline. [Eff 12/10/88; am and comp MAR 29 2003 ] (Auth: HRS §§205A-42, 205A-49) (Imp: HRS §§205A-42, 171-6) 222-17 SUBCHAPTER 4 APPEAL OF SHORELINE CERTIFICATION