HAR §13-222-2. Definitions

As used in this chapter unless otherwise clearly indicated: "Accretion" means the gradual accumulation of land on a beach or shore by the action of natural forces. For purposes of quieting title, accretion must be natural and in existence for at least twenty years. "Applicant" means the person submitting an application for shoreline certification. "Board" means the board of land and natural resources of the State of Hawaii. "Chairperson" means the chairperson of the board of land and natural resources. "Department" means the department of land and natural resources of the State of Hawaii. "Erosion" means the gradual wearing away of land on a beach or shore by the action of natural forces. "Instrument survey" means the location of the boundary of a property of record and shoreline using land surveying instruments. "Line of debris" means a line marking the mauka or landward limit of debris deposits resulting from wave uprush. 222-4 "Permanent mark" means a mark imbedded in the ground such as a pipe, or a mark on a boulder or artificial structure which is not readily removable. "Person" means any individual, partnership, firm, association, trust, estate, private corporation, quasi- public corporation or entity including utilities and government bodies. "Property owner" means the equitable or legal holder of interest in, or the lessee holding under a recorded lease for the real property for which a shoreline certification is requested, or the authorized agent. "Revetment" means a sloping facing of stone, concrete, blocks or other similar material built to protect the enbankment or shore against erosion by wave action or current. "Seawall" means a structure with a vertical face separating land and water areas, primarily designed to prevent erosion and other damage due to wave action. "Shoreline" means the upper reaches of the wash of the waves, other than storm or seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. [Eff 10/12/88; am JUN 03 2006 ] (Auth: HRS §§250A-42, 205A-49) (Imp: HRS §§205A-42) "Shoreline certification" means a signed statement by the chairperson of the board of land and natural resources that the shoreline is as located and shown on the map as of a certain date. "Side property boundaries" means that property boundary which intersects or, when extended, intersects with the shoreline. "State land surveyor" means the land survey administrator of the survey division, department of accounting and general services, State of Hawaii. "Storm or tidal waves" means waves of unusual magnitude which occurred on a specific date as part of a specific and identifiable hurricane storm or tsunami event, to exclude seasonal high surf. "Tape check" means an on the ground check of distances using an engineers measuring tape. "Vegetation growth" means any plant, tree, shrub, grass or groups, clusters, or patches of the same, 222-5 naturally rooted and growing. [Eff 12/10/88; am and comp MAR 29 2003 ] (Auth: HRS §§205A-42, 205A-49) (Imp: HRS §§205A-1, 205A-42) SUBCHAPTER 2 APPLYING FOR SHORELINE CERTIFICATION