HAR §15-150-25. Permitted structures

Structures in the shoreline area shall not need a variance if : (1) They were completed prior to June 22 , 1970; (2) They received e i ther a building permit , board of land and natura l resources ' approval, or shoreline setback variance prior to June 16, 1989; (3) They are outside the shoreline area when they receive either a building permit or board of land and natural resources' approval ; (4) The y are necessary for or ancillary to continuation of existing agriculture or a quacultur e in the shor eline a r ea on June 1 6, 1989; (5) Work being done consists of maintenance, repair, and minor additions or a l terations of legal boating, maritime, or watersports recreational facilities , which a r e publicly owned, and which result in little or no interference with natural shoreline processes ; or (6) Work being done consists of repair of permitted structures ; provided that the permitted structures may be repaired, but shall not be enlarged, rebuilt , or replaced within the shoreline area without a variance . [Eff 2/25/2000 ; comp 4/17/2009 ; 150-21 §15- 150-25 comp 11/30/2012; am and comp OC121 2021 (Auth: HRS §§205A-44 , 206E-8 . 5) (Imp: HRS §§91-2 , 206E-8.5) §15-150-2 6 Variances . (a) All structures and activities within the shoreline area, otherwise prohibited shall require a vari ance . A variance may be granted for a structure or activity otherwise prohibited in this subchapter if the director finds in writing, based on the record presented, that the proposed structure or activity is necessary for or ancillary to the following : (1) Cultivation of crops; (2) Aquaculture ; (3) Landscaping; provided that t he lead agency finds that the proposed structure or activity will not adversely affect beach processes and will not artificially fix the shoreline; (4) Drainage; (5) Boating, maritime , or water sports recreational facilities ; (6) Facilities or improvements by public agencies or public utilities regulated under chapter 269 , HRS; (7) Private faci l ities or improvements that are clearly in the public interest; (8) Private facilities or improvements that will not adversely affect beach processes , result in flanking shoreline e rosion , or artificially fix the shoreline ; provided that the lead agency may consider any hardship that will result to the applicant if t he facilities or improvements are not allowed within the shoreline area ; (9) Private facilities or improvements that may artificially fix the shoreline; provided that the lead agency may consider hardship to the applicant i f the facilities or improvements are not allowed within t he 150-22 §15-150-27 shoreline area ; provided further that a variance to artificially fix the shoreline shall not be granted in areas with sand beaches or where artificially fixing the shoreline may i nterfere with existing recreational and waterline acti vities unless the granting of the variance is clearly demonstrated to be in t he interest of the general public ; or (10) Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline ; provided that the lead agency also finds that moving of sand will not adversely affect beach processes , will not diminish the size of a public beach, and wil l be necessary to stabilize an eroding shoreline . (b) No variance shall be granted unless appropriate conditions are imposed: (1) To maintain safe lateral access to and along the shoreline or adequately compensate for its loss; (2) To minimize risk of adverse impacts on beach processes ; (3) To minimize ris k of structures failing and becoming loose rocks, sharp or otherwise dangerous debris, or rubble on public property; and (4) To minimize adverse impacts on public views to , from, and along the shoreline . [Eff 2/25/2000; am and comp 4/17/2009; comp 11/30/2012 ; am and comp OC'.'f 2· 1 2021 ] (Auth: HRS §§205A-46, 206E-8 . 5) (Imp: HRS §§91-2, 206E-8 .5 )