Changes proposed to state land rules

The first revisions in 16 years involve shoreline boundaries and permits

POSTED: 01:30 a.m. HST, Aug 12, 2010

The first update of conservation land use rules in 16 years would change the shoreline setback, eliminate required permits for activities like weeding and increase fees.

The proposed changes, outlined in a 71-page document by the state Department of Land and Natural Resources, are being reviewed through public meetings. Today's will be in Honolulu. The revisions have some environmental organizations concerned.

Among the more significant changes would specify shoreline setback, a line past which no structures or coastal alterations are allowed. Numerous lawsuits have been filed over designations of public and private access along the shorelines.

MORE COVERAGE

» Revised rules: Proposed conservation land and coastal rule changes; public hearings on revisions.

The proposed change would establish the setback line about 40 feet from the certified shoreline, plus 70 times the average annual coastal erosion rate.

The city and University of Hawaii is working on establishing that rate, said Samuel Lemmo, administrator for the state Office of Conservation and Coastal Lands, which oversees about 2 million acres of private and public lands in the state Land Use Conservation District.

"They're getting the data necessary to move in that direction," Lemmo said. "We need to articulate that in our rules so when somebody purchases one of these properties along a shoreline, they have a better idea what the constraints are."

Sierra Club of Hawaii Director Robert Harris welcomed the proposed change, and said shoreline rules need to be more specific.

"Hopefully, it will create less of a tension between permittees and the state, and that it doesn't become so much of a case-by-case basis," Harris said.

Harris said the Sierra Club is concerned about rules that would allow for nonconforming structures on conservation lands to be replaced or reconstructed, provided they meet certain criteria.

"Overall, we're concerned that we're allowing these nonconforming uses to continue in perpetuity," he said.

The rules state that renewable energy projects would be "given preference" in procedures for permits, site plan approvals and management plans.

"No other use is given any type of priority," Harris said. "The Board of Land and Natural Resources is supposed to look at all factors. There's certainly places where renewable energy is appropriate. We don't want a situation where the board feels pressured to give these projects favor."

Lemmo said the wording of that rule will likely be changed.

"We've received a lot of constructive comments and we're going to be making some changes based on those comments," Lemmo said.

After the last public meeting next week, which will take place on Kauai, the department will have an open comment period until Sept. 7.

The conservation office will review the rules, make changes and present them to the land board for approval. Those meetings will also be open to the public.

KAHEA, an environmental network, said the public process to hear these changes has been too short, and not comprehensive enough.

"In 1994, when the old rules were established, there was a blue ribbon panel of experts and interested parties who were brought to the table and advised the state on these rules," said Marti Townsend, KAHEA's program director. "You don't really have that in this situation. It really should be a thoughtful process, where we ask ourselves what has worked, and what hasn't in the past years."

The rules also no longer require an annual compliance report regarding management plans for land use permits.

"They shouldn't be issuing permits if they can't enforce them," Townsend said. "They don't have the infrastructure to follow up. Without a mechanism, they rely on the honesty of these permit holders."

GROUND RULES

The state is proposing a number of changes and additions to rules in its administration of conservation lands, last updated in 1994:

» The shoreline setback line would be established based on a distance from the certified shoreline of 40 feet, plus 70 times the average annual coastal erosion rate. Shoreline setbacks were not defined in the old rules.

» Some land management activities on conservation land would be allowed without permits. These would include routine weed control, clearing of understory, planting of rare plants, fence maintenance and clearing sand and silt from stream mouths, canals or drainage pipes.

» A number of fees would increase. These would be for board permit applications (from a maximum of $2,000 to $2,500), public hearing fees ($250 to $500), departmental permit applications ($50 to $250) and temporary variance applications ($100 to $250).

» Standard conditions for permits would include a rule prohibiting hampering religious practices of native Hawaiians on conservation land. The conditions would also prohibit artificial light from pointing toward the ocean. All exterior lighting must be shielded to "protect the night sky."

» Rules would specify that only people with property interest, residency on the land or anyone directly affected by a permit can appeal. Rules now state that "any person" can appeal to the department.

IF YOU GO
The Office of Conservation and Coastal Lands, under the state Department of Land and Natural Resources, is holding two more public meetings regarding the rule changes.

» Today: 6 p.m., Kalanimoku Building, room 132; 1151 Punchbowl St., Honolulu

» Next Thursday: 6 p.m., Kapaa Library; 1464 Kuhio Highway, Kapaa, Kauai

ON THE NET
The proposed rule amendments are available online at http://hawaii.gov/dlnr/occl/.

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