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* HAWAII COASTAL ZONE MANAGEMENT PROGRAM ofte ordae 0Goren OFFIlCE OF STATE PLANNING PREFACE The Hawaii Coastal Zone Management Program is about managing the State's coastal areas and resources. Coastal resources include beaches, fishponds, scenic areas, marinas, wetlands, recreational areas, anchialine ponds, fish, open spaces, whales, sea turtles, harbors, historic sites, and ecosystems. Because the coastal areas and their resources have traditionally been and continue to be an integral part of the lifestyle of the people of Hawaii, their management is important. Effective management requires Federal, State, and County governments working together in a partnership arrangement. This is a key component of the Hawaii Coastal Zone Management Program. The Hawaii Coastal Zone Management Program is based on the premise that coastal resource use and development must be environmentally sound, socially acceptable, and economically beneficial to the people of Hawaii. Balance and effective management are primary purposes. This document provides a description of the Hawaii Coastal Zone Management Program It discusses the linkages between the Federal, State, and County governments, Hawaii's land use and environmental management system, and the special components of the Hawaii Coastal Zone Management Program. Harold S. Masumoto Director HAWAII COASTAL ZONE MANAGEMENT PROGRAM * ~~~~TABLE OF CONTENTS I. SUMMARY1 II. INTRODUCTION2 A. National Coastal Zone Management Act B. Hawaii's Response III. HAWAII'S LAND USE AND ENVIRONMENTAL MANAGEMENT SYSTEM 7 TV. HAWAII COASTAL ZONE MANAGEMENT PROGRAM 10 A. Management Area B. Hawaii Coastal Zone Management Network C. Citizen Participation V. FEDERAL CONSISTENCY 25 A. Federal Consistency Requirements VI. NATIONAL REQUIREMENTS 34 A. Management Authority B. Permissible Land & Water Uses C. Areas of Particular Concern & Priorifies of Use D. Uses of Regional Benefit E. Energy Facility Siting, Beach Access & Shoreline Erosion Abbre viation's 61 Glossary 62 References 65 LIST OF APPENDICES A: Hawaii Management System B: Hawaii Coastal Zone Management Objectives & Policies C: Federal Licenses & Permits Subject to Federal Consistency D: Federal Assistance Programs Subject to Federal Consistency E.- Federally-Excluded Lands F: Laws & Statutes G: Administrative Rules & Regulations I. SUMMARY This Hawaii Coastal Zone Management (CZM) Program document provides an overview of the key state and county laws, programs and agencies responsible for managing coastal development in Hawaii The document is organized into three sections. The first section describes how Hawaii's CZM Program came about and where it fits within the State's overall environmental and resource use and management system. It includes: � A brief historical account of the federal Coastal Zone Management Act (CZMA) and Hawaii's response to the nationwide concern for coastal resources; An overview of the state and county laws and programs used to guide appropriate land and water uses and activities in suitable locations; A description of Hawaii's CZM Program, the coastal management area and organizational structure; � An explanation of the mechanism used to coordinate the activities of federal agencies within Hawaii's CZM area; and A description of how Hawaii's CZM Program meets federal requirements. Section two consists of appendices which describe in more detail some of the laws and programs introduced in the first section. In addition, they explain how the State's program meets the federal CZM requirements and addresses national concerns and issues. Section three includes a compendium of the various federal, state and county legal authorities included in Hawaii's CZ(EL Program. II. INTRODUCTION A. National Coastal Zone Management Act In the late 1960s and early 1970s, Congress enacted several complex pieces of environmental legislation. The National Environmental Policy Act (1969), the Federal Water Pollution Control Act (1972), the Marine Mammals Protection Act (1972), the Endangered Species Act (1973), the Marine Protection, Research and Sanctuaries Act (1972) and the Coastal Zone Management Act (1972) were part of the national response to a worldwide change in consciousness about environmental issues. This increasing concern was triggered by environmental disasters such as the Torrey Canyon oil tanker spill off the coast of England in 1968, the Santa Barbara Channel oil blowout of 1969, and by dire predictions of impending environmental doom by writers such as Rachel Carson, whose 1962 book Silent Spring focused attention on the potentially disastrous ecological consequences of using herbicides and pesticides. Passage of these environmental laws meant new responsibilities for all levels of government. In some cases, new legislation was based on an explicit critique of previous governmental efforts at environmental management. This was particularly true of coastal management. In 1969 the Commission on Marine Sciences, Engineering and Resources - the Stratton Commission - issued its report entitled Our Nation and the Sea. The report cited several key factors thought to be impeding effective coastal management, including the low priority given to marine matters by local governments, the diffusion of responsibilities among various state agencies, the inability of states to assess their interests in their coastal zones, and the failure of states to develop and implement long-range coastal management plans. The Coastal Zone Management Act (CZMA) was enacted to respond to some of these jurisdictional gaps in the existing management of coastal areas. However, unlike other federal environmental programs enacted at this time, participation by states in the national Coastal Zone Management (CZM) program was voluntary. Congress devised a program of incentives in the form of grants-in-aid to encourage states to both develop and implement CZM programs for the better management of their coastal zones. The CZMA provided states with up to four years of matching planning grants to develop their coastal programs. The federal government reviews the programs developed by the states for consistency with the general Congressional goals and administrative guidelines. Once approved, the state programs are then eligible for implementation grants. In addition to the financial incentives, the CZMA provides states with limited review powers over federal activities in and/or affecting each state's coastal zone. Under the federal consistency provision, the CZMA requires that all federal actions undertaken in or affecting the state's coastal zone be consistent with the state's approved coastal program. Where national defense or other over-riding national interests are concerned, they must at least be consistent "to the maximum extent practicable" [15 CFR 930.32]. In addition, federally-licensed and permitted activities as well as federally-funded state and local government projects must be consistent with the state's coastal program if the proposed activity affects the state's coastal zone. Hence, federal consistency affords states the opportunity to review, influence and modify federal agency decisions affecting coastal land and water resources. This review process represents an important modification of traditional federal supremacy since federal agencies can no longer act independently of or in conflict with state coastal programs. The national CZM program is administered by the Office of Ocean and Coastal Resource Management (OCRM) (previously the Office of Coastal Zone Management), an office within the National Oceanic and Atmospheric Administration, under the U.S. Deparunent of Commerce. Thirty-five coastal states, commonwealths and territories surrounding the Great Lakes, Gulf Coast, West Coast, East Coast and the Pacific qualify for participation in the CZM program. 2 Prior to qualifying for program implementation grants, a CZM program is developed by the state to implement the provisions of the CZMA. The program must: 1. Identify and evaluate those coastal resources recognized in the CZMA that require management or protection by the state; 2. Examine existing policies or develop new policies to manage these resources. The policies must be specific, comprehensive and enforceable, and must provide an adequate degree of predictability as to how coastal resources will be managed; 3. Determine specific uses and special geographic areas that are to be subject to the management program, based on the nature of identified coastal concerns. The basis for management uses (or their impacts) and areas should be based on resource capability and suitability analyses, socio-economic considerations and public preferences; 4. Identify the inland and seaward boundaries of the coastal zone subject to the management program; 5. Provide for consideration of the national interest in planning for and siting of facilities that are necessary to meet requirements which are beyond the local interest; and 6. Include sufficient legal authorities or organizational arrangements to implement the program and to insure conformance to it. Although the CZMA regulations provide much more specificity to these requirements, they are still sufficiently vague that substantial federal-state negotiations over whether the state program meets the criteria are requiredL The CZMA also requires local government and citizen participation during the development of a state program. The extent of citizen participation prescribed by the CZMA goes beyond the usual requirements provided for by state administrative procedures, requiring active participation by a range of public groups including business, community, labor and environmental representatives. Federal agencies are also consulted during the program's development. In principle and in design, the national CZMA is a striking example of what has been called "cooperative federalism." This cooperative federalist approach seemed most appropriate to the policy problem since coastal states confront widely varying types of coastal resource management problems and have different historical and political traditions for dealing with those problems. B. Hawaii's Response The State of Hawaii consists of eight major and 124 minor islands extending over 1,700 miles of the North Pacific Ocean with a total land area of 6,425 square miles and a general coastline of 750 linear miles (Hawaii Databook, 1988). The eight major islands form a four hundred mile arc at the southeastern end of the Hawaiian archipelago and comprise more than 99 percent of the State's land mass. Not all the land area of these eight islands is usable however - 12 percent of the total is too steep for development or lacks productive capacity and about four-fifths of the usable area is devoted to extensive and intensive agricultural uses, of which about 75 percent is forest and grazing land (Atlas of Hawaii, 1983). Ownership of usable land is highly concentrated. The state, county and federal governments together are the biggest landowners, controlling about 3 38 percent of the total land area, four-fifths of which belong to the State (Hawaii Databook, 1988). Almost half of the land is within five miles of the shoreline and most urban development is located in near-shore areas. There is no point in the State that is more than 29 miles from the ocean. Due to its physical location, configuration and climate, Hawaii is rich in a number of valuable coastal ecosystems, such as wetlands and reef flats, embayments and sheltered coves, sand beaches and coral reefs. They serve important natural functions, providing habitat and breeding grounds for wildlife and living marine resources, natural buffers to the action of storm waters and a natural laboratory for scientific and biological research. In addition, they provide the basis for recreational and commercial fishing businesses. These same resources, however, are subject to a number of stresses resulting from activities occurring within or near the ecosystems. These activities can deplete nearshore fish and other marine life; destroy coral reefs and fish habitat, wetlands, and nearshore upland ecosystems; interfere with natural sand movements: reduce groundwater and aquifer recharge areas; and pollute coastal waters. Hawaii's recreational resources, especially its beaches, reefs and surfing sites, are exceptional in quality and are subject to increasing pressures. Almost half of the peak weekend recreational activity in the State occurs at offshore and shoreline areas. The demand for coastal recreational opportunities for beach use and water sports continues to rise as a result of population growth, increased affluence, greater leisure time and increased tourism. Since 1970, tourism has been Hawaii's primary industry. Tourism is highly dependent on the natural and scenic features of the islands. A number of tourist attractions, such as fishing, boating, scuba-diving, swimming and surfing, are totally dependent on coastal locations. Others, such as hotels and restaurants, are greatly enhanced by coastal locations. However, Hawaii's urban growth patterns reduce public access to the shoreline and damage valuable recreational areas. These conditions threaten the capacity of the State's coastal resources to provide recreational opportunities of the quality and abundance expected by Hawaii residents and visitors. Decisions about the appropriate locations for future development and uses have important implications both for the current economic health of the State and for the long-term attractiveness of the islands as a place to live and visit. Because of the relevance of coastal zone management in Hawaii, it was one of the first states to participate in the national program. In 1973, as a response to the establishment of the U.S. Office of Coastal Zone Management (OCZM) and initiation of rulemaking for the CZM grant program, the Governor designated the Hawaii Department of Planning and Economic Development (DPED) to be the "lead agency" responsible for Hawaii's CZM Program and charged it with developing a grant proposal to OCZM. DPED followed the development of the CZMA closely and was prepared to assume the responsibilities for program planning as the State's chief planning agency. In fact, as early as 1970, DPED held statewide planning conferences on the subject of coastal zone management. During that time the initiative was largely administrative and the Hawaii Legislature was hardly aware that a "CZM program" existed. In 1974, DPED received its first federal planning grant and began its first of four years of CZM program development. A coastal planning staff and five consultants were assembled to design the program and funds were provided to the counties to hire staff to work with DPED. In addition, DPED set up what was perhaps the most significant citizen participation program the State has ever had. To formalize its responsibilities as the State's lead agency for coastal management, a bill was submitted by the Governor and passed by the Legislature in 1973 which declared DPED as the lead agency for the Hawaii CZM Program [Act 164, 1973 SLH]. However, as the State administration began the task of developing a coastal program, a group of citizen activists 4 concerned that developers would rush to develop the shoreline as the State prepared its coastal programn, lobbied for an interim coastal protection legislation. The proposed legislation, modeled after California's coastal program, provided for interim controls within an area 1,000 yards landward of the shoreline to be administered by a "coastal comunission", which would also have a strong role in the development of the program. Ile proposed legislation was promoted by a group 0 called the Shoreline Protection Alliance (SPA). Ile SPA received strong support from environmentalists, especially the Council of Presidents - a community organization representing a large number of leaders from various community and environmental groups. During the 1975 legislative session, a bill calling for the creation of a coastal commission was introduced at the request of the SPA. This bill was the Legislature's first significant exposure to the CZM program. Fearing loss of control over the development of the program, state administrators lobbied for continued state authority over the program. They were joined by the four county planning directors who argued that there were already sufficient controls on coastal developments, and that if legislation were necessary, they (the counties) should be responsible for its implementation. Business and labor interests lobbied vigorously for no controls. In 1975, a compromise bill known as the Shoreline Protection Act was passed which continued to designate the DPED as the lead state agency for plan/program formulation, but, in addition, created a "special management area" (SMA) to be established and managed by the counties until a statewide CZM program was enacted. The Shoreline Protection Act stipulated that no development could occur within the SMA unless the appropriate county had first issued a permit. Statutory policies and guidelines for reviewing SMA development applications were also established by the Act. In addition, the Act gave any citizen the power to ask for court review of whether county SMA permift decisions complied with the Actes policies and guidelines (Act 176, 1975 SLH]. In the meantime, DPED continued to develop proposals to meet the substantive requirements of the national CZMA, discussing each phase of the program with a Statewide Citizen's Foram (SCF). Members of the SCF were appointed by the Governor and represented most of the active environmental, industrial, development and recreation interests. In addition, citizen committees were established on each island, with members nominated by the county mayors and appointed by the Governor. For over a year and a half, from 1975 to late 1976, the DPED, its advisory committees, federal officials and consultants conducted numerous meetings on various aspects of the Hawaii CZM Program. The groups met as frequently as twice a month to discuss in great detail the problems and issues of the coastal zone and to formulate coastal management policies. The principal work of the committees was to identify and reach consensus about the primary coastal problems confronting the State and to review specific policies developed by the DPED and its consultants to deal with these problems. A CZM policy plan was developed in the fall of 1976 and, after extensive review and revision, was presented to the Legislature as the work of the department, the citizen committees and the consultants. Legislation based on the plan was reviewed during the 1977 legislative session. After further compromises and revisions, it was enacted into law (Act 188, 1977 SLH]. The new CZM Law retained the basic structure and institutional arrangements established by the Shoreline Protection Act, but made significant additions with newly developed objectives and policies. The policies of the Shoreline Protection Act were general regarding what coastal resources were to be protected and how resource protection was to be balanced against other uses. The CZM Law is more specific in identifying recreational, historic, scenic and open space, coastal ecosystems, hazards and econom~ic uses as being the "resources" to be managed. However, the objectives and policies developed for these seven resource areas continue to provide a very broad management framework (Refer to Appendix B for the Hawaii CZM Program objecitives and 5 policies). The generality of these objectives and policies is the result, in part, of the program development process. Thiis process relied heavily on committees comprised of a wide variety of interest groups to identify coastal problems and policies, to address these problems, and most . ~~importantly, to reach consensus among the groups. However, consensus could only be acquired' at the expense of policy specificity. Indeed, legislative enactment of even these broad policies proved to be uncertain until committee members representing all the various interests appeared at the legislative committee hearings and lobbied for passage of the policy package. Although the counties retained primary authority for management in the SMA, they were not given exclusive management responsibility in the coastal zone. Management authority over uses and activities outside the SMA and in State coastal waters continues to be distributed among various state agencies. Both the counties and these state agencies are a part of Hawaii's CZM management framework. Within this framework, DPED was given responsibility for administering the program and ensuring that state and county agencies comply with the CZM program objectives and policies. Hawaii's CZ.M Law remained relatively unchanged until 1986, when the State shoreline setback provisions (described in Section IV.A) were added to the CZM Law. Then, in 1987, DPED was reorganized into two separate entities: the Office of State Planning (OSP) was created and assigned the planning functions previously housed in DPED; while the remainder of the programs, remained in the department, under its new title, the Department of Business and Economic Development (DBED). Administration of the Hawaii CZM Program remained with DBED until 1988 when it was transferred to OSP. Although the responsibilities have remained essentially the same, since its transfer the program has begun to move towards a stronger role in advocacy, planning, policy development and special projects. In addition, OSP is beginning a major assessment of the Hawaii CZM Program to reflect the many changes that have occured in the State since the program's formulation in 1975 as well as to respond to emerging coastal issues. Extensive participation by government, private and public interest groups is expected and will be . ~~required to aid in this ambitious undertaking. III. HAWAI'S LAND USE & ENVIRONMENTAL MANAGEMENT SYSTEM In Hawaii, the CZM Program is one of several state and county laws and programs used to guide appropriate land and water uses and activities in suitable locations. The Hawaii State Plan provides the overall policy framework to guide future development in the State [Chapter 226, HRS]. It is a comprehensive document consisting of three parts - Part I provides the general theme, goals, objectives and policies for the State; Part II establishes the statewide planning system and its coordination and implementation; and Part III consists of the priority guidelines of statewide concern. The Plan coordinates the State's planning process through functional plans, agencies and departments, boards, commissions, and county general and development plans (see Figure 111.1). FIGURE Ii.A: State of Hawaii Management Framework HAWAII STATE PLAN Part I - Overall Theme Part 11 - Goals, Objectives & Policies Part III - Priority Guidelines 0 I ~~~~~~~~~~~~~~~~~~I TATE STATEi FUNCTIONAL PLANS AGENCIES, BOARDS & I ONAL PLANS I BOARDS & ~COUNTY GENERAL COMMISSIONSPLN DEVELOPMENT PLANS I~~~~ i Coastal Zone anagement Special Management Shoreline Setback The State Plan requires the development of State functional plans for specified areas. To date, there are twelve functional plans for the following areas: (1) agriculture; (2) conservation lands; (3) education; (4) energy; (5) health; (6) higher education; (7) historic preservation; (8) housing; (9) recreation; (10) tourism; (11) transportation; and (12) water resources. These functional plans implement State Plan objectives and provide the "link" between State policy and the various agency/departmental programs and activities. The plans identify major statewide 7 priority concerns; define current strategies for each functional area; identify major relationships among these areas; provide the direction and strategies for agency/departmental policies, programs and priorities; provide a guide for allocating resources to carry out various State activities; and assist in coordinating State and county roles and responsibilities in implementing the State Plan. Implementation of both the State and functional plans is carried out by a number of governmental agencies through an elaborate management system. At the apex of this system is the Hawaii Land Use Law which places all land in the State into one of four districts - urban, rural, agricultural and conservation - and establishes a Land Use Commission, appointed by the governor, to review petitions for changes in district boundaries submitted by landowners or public agencies [Chapter 205, HRS]. Each of the State land use districts is characterized by different permissible uses. Rural districts are those areas primarily in small farms mixed with low-density residential lots. Agricultural districts include lands with a high capacity for intensive cultivation. Minimum lot sizes and other rules for rural and agricultural districts are established by the Commission and administered by the counties. Conservation districts include lands in forest and water reserves, national or state parks, lands with a general slope of 20 percent or more and marine waters and offshore islands. Land uses within conservation districts are governed by the Department of Land and Natural Resources1. Urban districts include those lands already in urban use, with a reserve to accommodate foreseeable growth. Permissible uses in the urban districts are defined primarily by the counties through their plans and zoning and subdivision ordinances and regulations, but are subject to constraints and conditions imposed by the Commission at the time the land is classified as Urban. Permissible uses within each district are summarized in Table 1II. 1. As of 1988, about four percent of all state land is in the urban district, 48 percent in agriculture, 48 percent in conservation and less than one percent in rural (Hawaii Databook, 1989). The four counties - Kauai, Maui, Hawaii and the City and County of Honolulu - exercise the full panoply of planning, zoning, subdivision and other controls that are characteristic of American jurisdictions. Coordination of the State Plan at the county level is through the county general and development plans. County general plans are authorized by county charters and provide a framework based on the unique needs of each county. They direct various activities and specify further the State Plan's objectives and policies. County development plans provide detailed guidelines to implement the objectives and policies of the general plans and direct development and population distribution consistent with those general plans. Although land use designations are also established in county development plans and are more specific than those specified for urban districts by the Land Use Commission, they are still fairly broad. Specific land use designations and permissible uses are further defined in county zoning codes through their land use ordinances and rules. Refer to Appendix A for a summary of the primary state and county departments included in Hawaii's land use and environmental management system. lIn some areas, the counties have extended their boundaries of the SMA inland into designated conservation districts, and thus share authority with the Department of Land and Natural Resources in those areas of overlap. TABLE III.1: Hawaii State Land Use Law Permissible Uses PERMISSIBLE USES AUTHORITY Urban Any and all uses permitted by county ordinance/regulations, subject to County LUC conditions Ordinance & Regulations Agricultural Utility lines, roadways & small buildings ancillary to agricultural practices LUC: Admin. Crop cultivation, livestock, fish and game propagation Rules, Title 15, Farm buildings or activities Subtitle 3, Ch. Public institutions necessary for agricultural practices 15 Sites of historic or scenic interests and "open-area" recreation uses Roadside stands for sale of agricultural products Rural Any and all uses permitted in agricultural districts LUC: Admin. Low density residential uses with a minimum lot size of one-half acre Rules, Title 15, Subtitle 3, Ch. 15 Conservation PROTECTIVE "P" SUBZONE: DLNR: Establish sanctuaries, refuges, wilderness, scenic areas and historic & Admin. Rules, archaeological sites Title 13, Programs for vegetation, animal and marine population control Subtitle 1, Ch. Sites of historic or scenic interests and "open-area" recreation uses 2 LIMITED "L" SUBZONE: All uses allowed under the "P" subzone Forestry, flood, erosion/siltation and emergency communications systems RESOURCES "R" SUBZONE: All uses allowed under the "P" and "L" subzones Aquaculture, artificial reefs and commercial fishing operations GENERAL "G" SUBZONE: All uses allowed under the "P", "L" and "R" subzones Surface and groundwater facilities 9 IV. HAWAII COASTAL ZONE MANAGEMENT PROGRAM A. Management Area Hawaii's coastal zone includes the waters from the shoreline' to the seaward limit of the State's jurisdiction and all lands excluding those lands designated as state forest reserves [Chapter 205A, FIRS]. In addition, on the landward side of the coastal zone two "belts" circling the islands - the Special Management Area and the Shoreline Setback Area - are also established for more intensive management by the four counties. Figure IV.1 illustrates the Hawaii CZM area (including the SMA) as well as the areas excluded from the State's coastal zone. These spatial limits and management systems are further described below. COASTAL ZONE MANAGEMENT AREA: land and sea I Federal Land [ Forest Reserve Figure IV.1 Forest Reserves Forest reserves are established by the Governor (Chapter 183, HRSJ and include lands set aside for watershed protection, forest products, forest recreation, protection of native plants, and maintenance of fish and wildlife habitat. Hawaii has nearly 2 million acres (3,102 square miles) of forest land - almost one-half the area of the State (Hawaii Databook, 1988). Of this, about 1.2 million acres are held in forest reserves with most lying on mountain slopes (Hawaii Databook, 1988). The State has direct control over forest reserve uses and is therefore responsible for assuring that activities on these lands will have minimal impact on or in coastal lands or waters. I'Shoreline" is defined as the upper reaches of the wash of the waves, other than storm and 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 [�205A-1]. 10 Federal Lands The national CZM requires that those lands owned, leased, held in trust, or whose use is otherwise subject solely to the discretion of the federal government, its officers or agents be excluded from the coastal zone management area2 [ 15 CFR 923.33(a)]. However, while this area is administratively excluded from the State's CZM area, federal actions on these lands may be subject to federal consistency requirements when they generate spillover impacts that significantly affect the CZM area, uses or resources within the purview of the Hawaii's management program [15 CFR 923.33(c)]. An inventory of federally-excluded lands in the State is included in Appendix E and a description of the federal consistency provisions is presented later in Section V. Special Management Area Prior to developing the Hawaii CZM Program, the Shoreline Protection Act designated a- "special management area" (SMA) and gave the counties authority to issue permits for development activities in the SMA. The 1975 Act states that it shall be the policy of the authority through its programs and activities and resources to: 1 . Maintain the undeveloped portion of the special management area of the State where neededfor recreation, scenic, educational and scientific uses in a manner that protects resources and is of maximum benefit to the general public; 2. Encourage public and private agencies to manage the natural resources within the State in a manner that avoids or minimizes adverse effects on the environment and depletion of energy and natural resources to the fullest extent; 3. Protect the shorelines of the State where neededfrom encroachment of man- made improvements and structures; 4. Encourage the definition and development of operational criteria and standards for the special management area which lead to progressive enhancement of the relationship between mankind and the natural environment; 5. Carry out a program of intergovernmental and private-public interaction and coordination on the special management area planning and management; and 6. Encourage citizen participation in the planning process for the special management area so that it continually embraces more citizens and more issues [Act 176, 1975 SLH]. Designation of the SMAs is left to the discretion of each county, provided that the SMAs include lands extending "not less than 100 yards3 inland from the 'shoreline' including undeveloped lands surrounding bodies of surface water subject to salinity intrusion or tidal influences and the waters themselves" [Act 176, 1975 SLH]. The counties wvere directed to adopt SMA boundaries by December 1, 1975. In some areas the SMAs extend several miles inland to 21n excluding federal lands from Hawaii's coastal zone, the State does not impair any rights or authorities that it may have over federal lands that exist separate from this program [15 CFR 92333(c)(2)]. 3SMA designations were amended in 1979 to include "the land extending inland from the shoreline as delineated on the maps filed with the authority as of June 8, 1977" [Act 200, 1979 SLH]. cover areas in which coastal resources are likely to be directly affected by development activities (detailed maps of the SMAs are available at the Planning Departments of Kauai, Maui, and Hawaii counties, and at the Department of Land Utilization of the City and County of Honolulu). The counties may amend their boundaries at any point in time; amendments removing areas from an SMA are subject to State review for compliance with the coastal law. Since the initial boundary designations in 1975, routine amendments are made by each of the four county authorities, as necessary. The Shoreline Protection Act also stipulated that no development could occur in the SMA unless the appropriate county first issued a permit. "Development" was defined to include all land uses which had a market value exceeding $25,0004 or "significantly" affected the coastal zone, other than construction of an isolated single family residence. However, developments that received county subdivision or planned development permits prior to December 1, 1975, were exempt from the requirements of the Shoreline Protection Act. The Act established statutory policies and guidelines to be followed by the counties when issuing SMA permits. In addition, it gave any citizen the power to ask for court review of whether county SMA permit decisions complied with the Act's policies and guidelines. The guidelines included the following: 1. All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: A . Adequate access, by dedication or other means to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; B . Adequate and properly located public recreation areas and wildlife preserves are reserved; C. Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and D. Alterations to existing land forms and vegetation except crops, and construction of structures shall cause minimum adverse effect to water resource and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. 2. No development shall be approved unless the authority hasfirst found. A. That the development will not have any substantial adverse environmental or ecological effect except as such adverse effect is clearly outweighed by public health and safety. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse affect and the elimination of planning options; and B . That the development is consistent with the findings and policies set forth in this part. 4This value was amended by the 1982 Legislature to S65.000 [Act 126. SLH 1982]. 12 3. The authority shall seek to minimize, where reasonable: A . Dredging,filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon; B. Any development which would reduce the size of any beach or other area usablefor public recreation; C. Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management area and to the mean high tide line where there is no beach; D. Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast; and E. Any development which would adversely affect water quality, existing areas of open water from visible structures, existing and potentialfisheries andfishing grounds, wildlife habitats, or potential or existing agricultural uses of land [Act 176, 1975 SLH]. In 1977, the Hawaii Coastal Zone Management Law, Chapter 205A, HRS, was passed, retaining the basic structure and institutional arrangements established by the Shoreline Protection ActL Although each county has its own procedures for administering SMA permits, the requirements and review processes for SMA applications are similar for all four counties. Each county requires a permit applicant to describe the proposed development in terms of the State CZM objectives and policies and SMA guidelines. In addition, all counties have established specific legal authority to require special studies as necessary, including archaeological/historic reconnaissance, coastal hazards, viewplanes, traffic, biological and/or water quality analysis. Figure IV.2 illustrates generally the review process for SMA permit applications. 13 FIGURE: IV.2 Special Management Area Permit Process JP. Ji applicant files assessment form with county departmunent (a) I action by county department |proposal SMApermit& SMApenit minorpermit exempt |EIS required requied & negative ed oE~~~~~~~~~ ~~~~declaration issued proposal EIS filed by applicant applicant files per t proceeds & accepted by permit application issued county department & filing fee -~~~~~~~~~~~ public hearing 4 county authority (b) action permit denied | | permit approved J ~~~~~J proposal ends j proposal proceeds (a) Plannming Departments for the counties of Maui. Kauai and Hawaii; Department of Land Utilization for the City & Countv of Honolulu. (b) Planning Commissions for the counties of Mlaui, Kauai and Hawaii; City Council for the City & County of Honolulu. 14 The number of major and minor permits processed by the four counties since 1976 is shown in Table IV. 1. TABLE: IV.1 Special Management Area Major & Minor Permits 1976 - 1988 (by county) HONOLULU MAUI HAWAII KAUAI STATEWIDE YEAR Major Minor Major Minor Major Minor Major Minor Major Minor 1976 81 94 21 112 26 116 11 9 139 331 1977 58 94 28 160 29 130 7 20 122 404 1978 49 86 26 117 44 109 24 14 143 326 1979 25 74 54 117 14 77 20 10 113 278 1980 35 50 42 120 25 37 12 20 114 227 1981 31 67 38 132 22 33 10 24 101 256 1982 34 50 30 236 12 28 4 9 80 323 1983 13 36 13 188 10 48 9 59 45 331 1984 20 53 29 311 13 69 4 19 66 452 1985 26 55 37 328 9 23 5 11 77 417 1986 27 86 34 361 27 51 17 32 105 530 1987 26 76 48 309 25 53 13 31 112 469 1988 36 81 41 227 13 33 17 11 107 352 TOTAL 461 902 441 2,718 269 807 153 269 1,324 4,696 The counties have approved about 98 percent of their SMA permit applications. However, this high rate of approval masks the degree to which informal negotiation and consultation between county officials and applicants precede the granting of SMA permits. In addition, the data do not represent the number applications for projects that are withdrawn following consultation with county officials nor does it reflect "conditional approvals" which require applicants to modify their proposals and/or undertake specific actions to make the proposed use or action consistent with the CZM objectives and policies. Such conditions have included dedicating beach access, site design modifications to minimize visual impacts, archaeological salvage operations and flood hazard mitigation. 15 Shoreline Setback Near-shore areas are the most dynamic region of the coastal zone. Poorly-sited or improperly constructed seawalls, docks or other structures can interfere with natural sand transport systems thus increasing coastal erosion in some areas and/or accretion in others. To protect these near-shore areas, the Hawaii Land Use Law was amended in 1970, establishing shoreline setbacks of not less than 20 feet and not more than forty feet inland from the shoreline. With some minor exceptions, the Act prohibited the mining or taking of sand, dead coral or corral rubble, rocks, soil, or other beach or marine deposits from the shoreline area, or within 1,000 feet seaward from the shoreline, or in water of 30 feet or less in depth in the territorial sea [�205-33, HRS]. In addition, structures (or portions of a structure), including but not limited to seawalls, groins and revetments, were not permitted within the shoreline area without a variance by the particular county authority. Approval of a variance application by the county planning commissions (City Council for Honolulu) is based on the following conditions: (1) that the structure, activity or facility was in the public interest; or (2) that hardship would result to the applicant if the proposed structure, activity or facility was not allowed within the shoreline area. In 1986, the shoreline setback provisions were transferred from the Hawaii Land Use Law [Chapter 205, HRS] to the Hawaii CZM Law [Chapter 205A - Part HI, HRS], however, no significant alterations were made to the substance of the law. In 1989, major additions were made to the setback provisions with two new sections [Act 356, 1.989 SLH]. First, the county authorities are required to hold a public hearing prior to any action on a variance application unless it involves: I. Stabilization of shoreline erosion by the moving of sand entirely on public lands; 2. Protection of a legal structure costing more than .$20,000; provided the structure is at risk of immediate damage from shoreline erosion; 3. Other structures or activities; provided that no person or agency has requested a public hearing within 25 calendar days after public notice of the application; or 4. Maintenance, repair, reconstruction and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, which result in little or no interference with natural shoreline processes [�205A-43.5]. Second, enforcement guidelines were created to remove or'correct any structure or activity prohibited in the setback area without a variance approval from the appropriate county authority. The revised law also establishes additional conditions for setback variance approval, requiring that (a) A variance may be granted for a structure or activity otherwise prohibited by this part if the authority finds in writing, based on the record presented, that the proposed structure or activity is necessary for or ancillary to: (1) Cultivation of crops; (2) Aquaculture; (3) Landscaping; provided that the authority finds that the proposed structure or activity will not adversely affect beach processes and will not artificially fir the shoreline; (4) Drainage; 16 (5) Boating, maritime, or water sports recreationalfacilities; (6) Facilities or improvements by public agencies or public utilities regulated under �269; (7) Privatefacilities or improvements that are clearly in the public interest; (8) Private facilities or improvements which will neither adversely affect beach processes nor artificially fix the shoreline; provided that the authority alsofinds that hardship [see part (b) below for definition of 'hardship'] will result to the applicant if the facilities or improvements are not allowed within the shoreline area; (9) Private facilities or improvements that may artificially fix the shoreline; provided that the authority also finds that shoreline erosion is likely to cause hardship to the applicant if the facilities or improvements are not allowed within the shoreline area; provided further that the authority imposes conditions to prohibit any structure seaward of the existing shoreline unless it is clearly in the public interest; or (10) Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline; provided that the authority also finds that moving of sand will not adversely affect beach processes, will not diminish the size of a public beach, and will be necessary to stabilize an eroding shoreline. (b) Hardship shall be defined in rules adopted by the authority under Chapter 91. Hardship shall not be determined as a result of county zoning changes, planned development permits, cluster permits, or subdivision approvals after the effective date of this Act, or as a result of any other permit or approval listed in rules adopted by the authority. (c) 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 risk of structures failing and becoming loose rocks or rubble on public property; and (4) To minimize adverse impacts on public views to, from, and along the shoreline [�205A46]. In addition, the 1989 Legislature authorized the counties through rules adopted pursuant to Chapter 91, HRS or ordinance to expand the shoreline setback area to include the area between mean sea level and the shoreline. The shoreline setback variance process is shown below in Figure IV.3 and the number of shoreline variances reviewed by the counties since 1986 is shown in Table IV.2. 17 FIGURE: IV.3 Shoreline Setback Variance Process applicant files variance application & filing fee with county department (a) action by county department propos EIS requireda negative declaration exempt issued EIS filed by proposal ES filed by public hearing proosa pn~ceeapplicant & accepted A public hearing by county department county authority (b) action J 1 variance denied j variance approved 4 1 proposal ends |Posal proceeds (a) Planning Departments for the counties of Maui. Kauai and Hawaii; Department of Land Utilization for the City & County of Honblulu. (b) Planning Commissions for the counties of Maui. Kauai and Hawaii; City Council for the City & County of Honolulu. TABLE: IV.2 Shoreline Setback Variances 1986 - 1988 (by county) VARIANCES PROCESSED COUNTY 1986- 1988 Honolulu 62 Maui 19* Hawaii 10 Kauai 15 STATEWIDE 93 *Of the 19 variances. 13 were processed #admini- stratively.' 6 through the planning commission. B. Hawaii Coastal Zone Management Network In designing a management system for Hawaii's CZM area, a major consideration was whether new permits or other regulatory mechanisms would be required. Because of the State's extensive system of land use and environmental controls, the Legislature, in enacting the CZM Law in 1977, noted that "... . Hawaii's environment is both under-managed and over-regulated; that new regulatory mechanisms must not be added onto, but rather combined with the existing system..." As a result, an alternative approach was proposed which involved incorporating existing state and county land and water use controls and environmental and resource protection laws into a "network" to implement the program. This approach allowed the State, which already had substantial control over coastal activities and areas, to bind its existing array or "network" of management controls to achieve coastal management objectives. The network is a coordinative device intended to insure that state and county agencies address coastal management objectives and policies. To implement the network, the Hawaii CZM Law requires that the objectives and policies of the Hawaii CZM Program be binding on all agencies (to include any agency, board, commission, department or officer of a county or state government), and all are required to ensure that their rules comply with the law (�205A-4, 5, HRS]. As a result, at least 58 state laws and county ordinances and rules are incorporated into the Hawaii CZM Program. State agencies included in Hawaii's CZM management network are the Office of State Planning, the Land Use Commission, the Department of Land and Natural Resources, the Department of Health, the Office of Environmental Quality Control, the Department of Transportation, the Department of Business and Economic Development, and the Department of Agriculture. Some of the primary laws and programs in the network are illustrated in Figure IV.4. In addition to the various state agencies, a series of state-mandated county regulatory programs are incorporated into Hawaii's CZM Program and include erosion control programs subject to review and approval by the State Department of Health [Ch. 180C, HRS] and programs 19 to ensure beach access and park dedication [CH. 46-6, HRS]. Most importantly, the county planning departments play a major role in implementing the CZM program through the SMA and shoreline setback provisions, discussed earlier (Refer to Appendix A for a more detailed description of state and county agency responsibilities). Hawaii CZM Program Lead Agency Within this management framework, the Office of State Planning is the "lead agency" and is responsible for a number of on-going activities. Some of the functions include: * Receiving, disbursing, using, expending, and accounting for all funds that are made available by the US. and the State for the Hawaii CZM Program; * Providing support and assistance in the admninistration of the Hawaii CZM Program; * Reviewing federal programs, permits, licenses, and development proposals for consistency with the Hawaii CZM Program; * Preparing guidelines as necessary to further specify and clarify the objectives and policies of Chapter 205A, HRS, in consultation with the counties and the general public; * Facilitating public participation in the Hawaii CZM Program; and * Preparing an annual report to the governor and the legislature which includes recommendations for enactment of any legislation necessary to require any agency to comply with the objectives and policies of Chapter 205A, HRS and any guidelines enacted by the legislature fAct 356, 1989 SLH]. OSP is also responsible for ensuring compliance with Hawaii's CZM Program by all state and county agencies. As a result, OSP monitors CZM-related activities and permit approvals of the various network agencies including: Land Use Commission's land use district boundary amendments (LUDBA); Department of Land and Natural Resources' conservation district use applications (CDUA); and environmental impact assessments (EIA) and statements (EIS). Table IV.3 summarizes the reviews that were conducted by the lead agency for consistency with the CZM Program objectives and policies. 20 MAJOR LAND & ENVIRONMENTAL AUTHORITIES - a spatial perspective COASTAL ZONE MANAGEMENT AREA - HAWAH CZM LAW.- CHAPTER 205A, HRS HAWAII LAND USE DISMTRrS - LAND USE LAW - CHAPTER 205, HRS ~~Qfl~~~rxfltgfl ~~~~~Urban. Rural. Apricultural C o nservation DBE1D: Ocean Resources Branch DOT. Harbors DLNR: Soil and Water (CH. 201. HRS) I(CHI. 266. HRS) Conservation Districts DOT: Boating Law HCDA- Kakeako Development Distrct (Cl-. 180. HRS) (CH. 267, HRS) ~~~~~~~~~(CH. 206E. MRS) Forest Reservations, DOMl: Water Quality I COUINTIES: Planningfaoning/Urban Design Water Development (CH. 342,.HRS) DLNR: Aqu atic Resources~ (CHi. 46. 57. 180C. HRS) (Cl-. 183, HRS) (CH-. 187A, HRS) Fishing Rights/Regulations ISPECIAL MANAGEMENT AREA (CHi. 188, 189. HRS) HAWAII CZM LAW Marine Life Conservation CHI. 20SA.- PT. II, HRS Program I(300+ feet) (CH. 190, HRS) Figure [V.4 TABLE: IV.3 Hawaii CZM Office Administrative Reviews 1980 - 1988 Negative EIS Draft Final YEAR CDUA LUDBA EIA Declaration Prep Notice ElS EIS 1980 0 4 1 0 1 11 6 1981 3 15 3 0 16 13 6 1982 11 19 3 0 11 13 2 1983 44$ 16 1 0 13 24 4 1984 48 27 9 1 8 7 7 1985 73 11 9 0 12 17 6 1986 76 9 19 0 23 30 5 1987 85 9 23 1 25 23 12 1988 70 17 15 4 16 25 3 TOTAL 410 127 83 6 125 163 5 1 As lead agency, OSP also undertakes a number of diverse projects to carry out CZM objectives and policies. Projects conducted by OSP since 1985 include: * Hawaii Ocean ManagementPlan * Kawainui Marsh Resource Management Plan * An Applicant Guide to State Permits & Approvals for Land & Water Use & Development * A Consolidated Application Process for Land & Water Use Permits (brochure) * Effects on Hawaii of a Worldwide Rise in Sea Level Induced by the "Greenhouse Effect" * Beach Erosion Conference * Public Awareness Video Spots * Aerial Photographsfor Beach Erosion Analysis * Beach Erosion Management Study 22 In addition, OSP supports other state and county agencies by aiding in the design of and providing additional funding for special projects and studies. Some recent projects conducted by the various agencies and funded by the Hawaii CZM lead agency include: * Department of Land & Natural Resources Hawaiian Fishpond Study * Department of Land and Natural Resources Biological Database for Rare Plant & Animal Species * City & County of Honolulu Inventory of Oahu Shoreline Structures * City & County of Honolulu Guide to Oahu's Beaches & Ocean Recreational Resources * City & County of Honolulu Shoreline Setback Study * City & County of Honolulu Coastal View Study * County of Kauai Coastal Activities Resource Management Plan * County of Kauai Beach Warning Sign Program * County of Kauai Historical Resources Management Plan * County of Kauai Inventory of Shoreline Properties & Structures * County of Maui Public Access Project * County of Maui Adopt-an-Access Program * County of Maui Shoreline Access Signage Program * County of Maui Shoreline Structure Inventory * County of Hawaii Anchialine Pond Study C. Citizen Participation In formulating the Hawaii CZM Program, the State developed one of the most significant citizen participation programs in the history of state planning. A Statewide Citizens Forum (SCF) was appointed by the Governor, composed of representatives of environmental, industrial and recreation interests. In addition, citizen committees were also created, made up of individuals from each island, nominated by the county mayors and appointed by the Governor. Together, with representatives from federal, state and county agencies, these groups identified coastal resource problems and issues and worked with DPED officials to develop policies to deal with these problems. Once the program was developed, their participation continued into the legislative session, where they lobbied for the policy plan and eventual passage of Hawaii's CZM Law. 23 Following program approval by the federal government and the State Legislature, the Hawaii CZM Program Statewide Advisory Committee (SAC) was established. As the successor of the SCF, the SAC includes representatives from various special interest groups and state and . ~county government agencies5. SAC was established to give the public an opportunity to participate w ~in activities and decisions affecting the coastal zone and in cooperation with the CZM Program, to increase public awareness of coastal issues and the activities and accomplishments of Hawaii's CZM Program Members of SAC have assisted the Hawaii CZM Program by: * Bringing specific coastal issues to the attention of the OSP; * Assisting the OSP in formulating program goals andobjectives; * Participating in and reviewing special projects and studies (e.g., Kawainui Marsh Resource Management Plan, Hawaii Ocean Management Plan, beach erosion studies, etc.); * Reviewing proposed State and federal coastal legislation and offering testimony on these proposals; * Informal monitoring of the coastal management activities of state and county agencies; and * Evaluating program activities. I 5Currently. there are 18 SAC members representing the following agencies, organizations or interests: (1) Environmental; (2) Landowners; (3) Development/Economic; (4) Public; (5) City & County of Honolulu Citizen Member, (6) County of Kauai Citizen Member;, (7) County of Maui Citizen Member; (8) County of Hawaii Citizen Member; (9) Director. Hawaii Department of Transportation; (10) Director, Hawaii Department of Health; (11) Director, Hawaii Department of Land and Natural Resources; (12) Director, Hawaii Office of Environmental Quality Control; (13) Land Use Commission; (14) Director, City & County of Honolulu, Department of Land Utilization; (15) Director, City & County of Honolulu. Department of General Planning; (16) Director. County of Kauai. Planning Department; (17) Director. County of Maui, Is_ ~Planning Department; and (18) Director. County of Hawaii, Planning Department. 24 V. FEDERAL CONSISTENCY Land and water uses in coastal areas throughout the nation are greatly influenced by the planning, regulatory and construction activities of federal agencies. Federal harbor projects, military facilities, offshore oil, gas and mineral development, ocean waste disposal, and dredge and fill operations, affect coastal resources. In addition, federal agencies issue permits and licenses for a number of coastal activities and developments and own vast tracts of land. In Hawaii, the federal government (both civilian and military) is one of the largest landowners and land users, accounting for almost 100,000 acres (24 percent) of Oahu, a similar area on Hawaii (four percent) and all of Kahoolawe and Kure Atoll (less that one percent of all other islands, however, is owned by or under the control of the military services). An inventory of federally-held lands is summarized in Appendix E. For coastal states such as Hawaii, a sizable federal presence poses a dilemma: How can states manage coastal land and water resources without an effective role in federal development, planning and regulatory activities? The national CZMA provides a mechanism to coordinate federal and state objectives and activities in the coastal zone and outer continental shelf (OCS). It is based on the premise that the management of the nation's coastal resources should be achieved through a federal-state partnership, with the states as the focus for responsibility and the central link joining the many participants to manage coastal areas effectively and to resolve problems of competing uses (U.S. House, 1969). The CZMA requires direct federal activities and development projects to be consistent with approved state coastal programs "to the maximum extent practicable" [15 CFR 930.32]. In contrast, federally-permitted, licensed or assisted activities undertaken in or affecting the State's coastal zone must be "consistent" with Hawaii's CZM Program objectives and policies. Where such development and licensing activities are inconsistent with state management program objectives and policies, states can issue objections. With this modification of the supremacy clause, federal agencies can no longer act without regard for, or in conflict with state policies and related resource management programs that have been officially incorporated into state CZM programs. The CZMA stipulates that those lands owned, leased, held in trust, or whose use is otherwise subject solely to the discretion of the federal government, its officers or agents, are excluded from state coastal zones. This exclusion, however, does not remove federal agencies from the obligation of complying with the consistency provisions when federal actions have spillover impacts that significantly affect coastal zone areas, uses or resources within the authority of a state's management program [15 CFR 923.33]. A. Federal Consistency Requirements Under the CZMA, states are empowered to review four general federal program categories for consistency with their coastal management program: 1) Federal activities directly affecting the coastal zone involving any functions performed by or on behalf of a federal agency and development projects in the coastal zone involving the planning, construction, modification or removal of public works, facilities, or other structures, and the acquisition, utilization, or disposal of land or water resources [�307(c)(I); (c)(2)]; 25 2) Federal licenses and permits, including any authorization, certification, approval or other form of permission which any federal agency is empowered to issue to an applicant [�307(c)(3)(A)I; 3) Outer Continental Shelf (OCS) exploration, development and production activities requiring afederal license or permit which the Secretary of the Interior determines must be described in detail within an OCS plan [�307(c)(3)(B)]; and 4) Federal assistance through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other form offinancial aid [�307(d)]. The process and criteria for determining whether an activity is consistent with a state coastal program vary with each type of federal action. The procedures for each category are summarized below. Direct Federal Activities Any federal development project in the coastal zone or any federal activity conducted or supported by a federal agency and directly affecting the coastal zone must "be conducted in a manner which is, to the maximum extent practicable, consistent with approved state management programs" (15 CFR 930.32]. Federal activities on lands which have been excluded from the coastal zone solely by reason of federal ownership, but which directly affect private and public lands and water resources within the coastal zone are subject to this provision, as are federal activities beyond the landward and seaward boundaries of the coastal zone which directly affect these resources [15 CFR 930.35]. Once satisfied that a proposed activity meets the consistency requirements (i.e., it directly affects the coastal zone) and unless both the federal and state agency agree to an alternative notification schedule, the federal agency submits its consistency determination at least 90 days prior to final federal agency approval of the activity (15 CFR 930.34]. The state has 45 days from receipt of the consistency determination from the federal agency to agree or disagree with the federal agency's consistency determination, although one request for a time extension not to exceed 15 additional days will be granted by the federal agency if requested [15 CER 930.41]. If the State concludes that a proposed activity or development project is not consistent with the coastal program, either party may request Secretarial Mediation (15 CFR 930.43]. A description of the mediation process is outlined on page 32. Hawaii's experience with consistency submissions for direct federal activities are summarized in Table V. 1. 26 TABLE: V.1 Hawaii CZM Program: 1978- 1988 Direct Federal Activities * TOTAL CONCUR tCONCUR(2) OBJECT NUMBER YEAR REVIEWED No. % No. % No. % 1978 1 1 100% 0 0% 0 0%0 1979 7 6 86% 1 14% 0 0% 1980 29 24 83% 5 17% 0 0% 1981 16 9 56% 5 31% 2 13% 1982 14 12 86% 2 14% 0 0% 1983 13 7 54% 5 36% 1 7% 1984 21 15 71% 5 24% 0 0% 1985 28 23 82% 2 7% 0 0% 1986 26 26 96% 0 0% 0 0% 1987 18 15 83% 0 0% 2 6% 1988 9 5 56% 3 33% 0 0% TOTAL 182 143 79% 28 15% 5 3% i^~~~ ~ Note: *Total Number Reviewed: includes incomplete, withdrawn and/or pending submissions. however, these reviews are not represented in the data on federal consistency in Hawaii. tConcur(2) = concurrence given after consultation with the applicant and subsequent modification of the project as agreed to by both the state and federal agencies. In Hawaii, the consistency provisions have been useful and effective for reviewing federal agency actions which would otherwise not be subject to state requirements. The following case illustrates the coordination and cooperation which have resulted. Kahawainui Stream Flood Control Proiect In April, 1984 the U.S. Army Corps of Engineers proposed construction of two earthen berms along the Kahawainui Stream on Oahu to protect the town of Laie from 50-year riverine flooding. Following review of the Corps' federal consistency determination, CZM officials concluded that the activity was not fully consistent with the program's objectives and policies, particularly those relating to the protection of life and property from coastal hazards. The proposed project was designed to contain riverine floods equal to or smaller than the 50-year event. Without the persistent threat of flood damage and the cost of conforming with the Federal Flood Insurance Program, the CZM Office believed that the Laie community could expect a period of rapid development. However, as designed, there was a 64 percent chance that flooding could exceed thie project structure, resulting in minor but chronic surface ponding, punctuated by . rare but major inundation. In a more highly developed Laie, greater numbers of structures would 27 be vulnerable to this flooding and fewer would be built flood resistant. The Office, therefore, determined that the proposed project would provide an unacceptably low level of flood protection to Laie town residents and would not ensure a reduction of damages from flooding. In addition, the proposed activity required filling in portions of a wetland known to support endangered species and the relocation of several Hawaiian burial sites. These actions were inconsistent with the CZM objectives and policies requiring protection of coastal ecosystems and historic resources. The CZM Office objected to the Corps' consistency determination. In July, 1985 the Corps proposed a modified version of the original Kahawainui Stream project consisting of containment levees. The redesigned project conformed with the earlier recommendation for a larger flood control project developed to the standard 285-year flood event. Revisions to minimize impacts to the nearby wetland and burial sites were also included. Considering the project's revised scale and configuration, the CZM Office concurred that the proposed project was consistent with Hawaii's CZM Program. Federal Permits and Licenses The CZMA requires that any applicant for a federal license or permit to conduct an activity affecting land or water uses in the coastal zone must certify that the proposed activity will comply with and be conducted in a manner consistent with Hawaii's CZM Program [15 CFR 930.58]. The federal permits and licenses likely to affect Hawaii's coastal resources and subject to federal consistency review are listed in Appendix C. However, if in the future, the State determines that the issuance of other federal permits and licenses could affect its coastal resources, the Hawaii CZM Program will expand its list to include those additions, subject to OCRM approval. Federal regulations also allows the Hawaii CZM Program to monitor unlisted federal license and permit activities that affect the State's coastal zone [15 CFR 930.54]. The State agency must inform the federal agency and applicant within 30 days from notice of the license or permit application, otherwise waive its right to review the unlisted activity (ibid). Notification must also be provided by the State agency to the Assistant Administrator. The federal agency and the applicant have 15 days from receipt of the State agency notice to provide comments to the Assistant Administrator. The Assistant Administrator's approval or disapproval is based solely on whether the proposed activity can be reasonably expected to affect the State's coastal zone. A decision by the Assistant Administrator will. be provided within 30 days from receipt of the State's notification, during which time the federal agency may not issue the license or permit (ibid). In the event of a disapproval, the applicant need not comply with the consistency requirement. However, if approved by the Assistant Administrator, the applicant must amend its federal application and include a consistency certification following the procedures outlined below. Upon application for a federal license or permit, an applicant must supply a copy of its consistency certification to the state along with all necessary information [15 CFR 930.58].. The state then reviews the application and at the earliest possible time, but within six months of receipt of a complete consistency submission, notifies the federal agency and the applicant of its concurrence or objection to a consistency certification [15 CFR 930.63]. Concurrence is conclusively presumed if the State fails to respond within six months following commencement of the State's review (ibid). If a decision is not issued within three months after its receipt, the State must notify the applicant and the federal agency of its status and the basis for further delay. "No license or permit shall be granted by the federal agency until the state or its designated agency has concurred with the applicant's certification or until, by the state's failure to act (within six months), the concurrence is conclusively presumed" [15 CFR 930.65]. If the State concludes that the activity requiring a federal permit or license is not consistent with the Hawaii CZM Program, the State will attempt to consult informally with the applicant and the federal agency to resolve any consistency concerns. If the parties involved are unable to come to an agreement as to how 28 consistency may be attained, the Hawaii CZM Program will issue a formal objection to the consistency certification. The consistency objection will describe how the proposed project is inconsistent with specific elements of the Hawaii CZM Program and specify alternative measures, if they exist, which would make the proposed activity consistent. The applicant, federal agency and the Director of OCRM will be notified by the Hawaii CZM Program of its objection. In addition, the applicant will be informed of its right to appeal to the Secretary of Commerce. Refer to page 32 for a description of the Secretarial Mediation process. The following table summarizes Hawaii's experience with consistency submissions for federally-permitted and licensed activities. TABLE: V.2 Hawaii CZM Program: 1978- 1988 Federally-Permitted & Licensed Activities TOTAL CONCUR tCONCUR(2) OBJECT NUMBER YEAR REVIEWED No. % No. % No. % 1978 2 2 100% 0 0% 0 0% 1979 32 27 84% 4 13% 0 0% 1980 20 16 80% 3 15% 0 0% 1981 24 17 71% 4 17% 2 8% 1982 18 14 78% 4 22% 0 0% 1983 43 22 51% 18 42% 0 0% 1984 26 12 46% 11 42% 0 0% 1985 31 20 65% 9 26% 1 3,% 1986 42 35 83% 2 5% 0 0% 1987 47 33 60% 8 15% 1 4% 1988 26 21 83% 2 10% 0 0% TOTAL 311 219 70% 65 21% 4 2% Note: Total Number Reviewed: includes incomplete, withdrawn and/or pending submissions. however, these reviews are not represented in the data on federal consistency in Hawaii. tConcur(2) = concurrence given after consultation with the applicant and subsequent modification of the project, as agreed to by both the state and federal agencies. The following case illustrates the consistency process for federally-licensed or permitted activities. Wailua River Hvdroelectric Develooment In 1986, Island Power Company, Inc. proposed to develop a hydropower facility along the Wailua River on Kauai. If approved, the facility would divert most of the river's flow before 29 Wailua Falls and would deposit the water back into the river after the falls. Given that the proposed development was within the conservation district, a Conservation District Use Application (CDUA) was submitted by the applicant to the Hawaii Department of Land and Natural Resources (DLNR) and was subsequently approved in August. In December, in association with a Department of the Army permit application, a federal consistency determination was submitted to the CZM Office. As part of the review process, all affected agencies included in the CZM management network were requested to comment on the submission. Although DLNR had previously reviewed this proposal, their comments and recommendations were also requested. In reviewing the applicant's proposal, the CZM Office determined that Wailua Falls is a valuable scenic resource known for its impressive quality during periods of heavy flow. The applicant acknowledged that the project would affect the falls, and therefore, proposed a level of stream flow sufficient to preserve the scenic attributes of that resource. Although this measure would help to retain some of the beauty that had made the falls attractive for first-hand viewing, it was not adequate to maintain the quality that had made the falls a desirable subject for filming. An additional concern was whether the project structures, such as its penstock, would be visible from the Wailua Falls scenic lookout. CZM officials felt that the visibility of such structures would detract from the natural attributes of the area and would be contrary to their policy requiring new developments to be visually compatible with the surrounding environment with minimal alteration of natural land forms. CZM officials believed that these impacts could be sufficiently mitigated if the proposal included two additional measures. First, the applicant would make reasonable allowances for temporary, short-term release of heavier flows for filming or special circumstances. Second, the penstock design would be modified so it would not be visible from the Wailua Falls lookout. Following incorporation of these two additional mitigation measures into the project development procedures, the CZM Office issued its concurrence with the project. Although the project was previously reviewed and approved by DLNR, a network agency responsible for carrying out the program's objectives and policies, CZM policies regarding scenic resources had not been addressed. The federal consistency process was therefore essential in assuring that CZM concerns were not only considered but also incorporated into the project's final design. Outer Continental Shelf (OCS) Exploration, Development and Production Activities The CZMA requires that all federal license or permit activities described in detail plans for the exploration, development of, or production from any area which has been leased under the Outer Continental Shelf Lands Act [43 USC 1331 et. seq.] and its accompanying regulations and which affect the coastal zone, be conducted in a manner consistent with Hawaii's CZM Program [15 CFR 930.70]. To date, the State has not reviewed any OCS activities. However, should any OCS activities be conducted in the future, the following provision authorized under Subpart E of the national federal consistency regulations would apply. The applicant must supply a copy of its consistency certification along with an OCS plan to the Secretary of the Interior (Interior), who in turn, will forward a copy of the plan and certification to the state program agency [15 CFR 930.76]. The state then reviews the application and at the earliest possible time, but within six months of receipt of a complete consistency submission, notifies the applicant, Interior and the Assistant Administrator (OCRM) of its concurrence or objection [15 CFR 930.79]. However, if within three months of receipt of a complete consistency submission, a decision has not been made, the state agency will notify the applicant, Interior, and the Assistant Administrator of the status and the basis for any further delay [15 CFR 930.79]. Concurrence by the state will be conclusively presumed if notification is not provided [15 CFR 30 930.79]. Concurrence by the state will also be conclusively presumed if a decision has not been provided within six months following commencement of state agency review [15 CFR 930.79]. Following state agency objection to one or more of the federal license or permit activities described in detail in the OCS plan, the federal agency shall not issue any license or permit [15 CFR 930.81]. If the State objects to the consistency determination, the applicant has a right of appeal to the Secretary of Commerce [15 CFR 930.79]. A description of the Secretarial Mediation process is outlined on page 32. Federal Assistance Applications for federal assistance grants are also subject to federal consistency review by state coastal programs, however the process by which each program reviews application are developed in accordance with Executive Order 12372 and their implementing regulations [ 15 CFR 930.94]. The federal assistance projects likely to affect Hawaii's coastal resources are listed in Appendix D. However, unlike licenses and permits, states can still review federal assistance applications even if they are not specified in this listing. In Hawaii, all federal assistance applications are processed through the State Clearinghouse which is also housed in OSP. Notices of proposed federal grant applications are provided to state and local government agencies for review. Individual review periods are determined by the clearinghouse on a project-by-project basis. In the event of a state objection, the applicant has a right of appeal to the Secretary of Commerce [15 CFR 930.96]. A description of the Secretarial Mediation process is outlined on page 32. Table V.3 summarizes the activities reviewed under this category since 1978. Thus far, activities falling under this category have resulted in minimal State concerns or conflicts. As indicated, of the 124 federal assistance projects reviewed by Hawaii's CZM Program since its inception in 1978, only five percent have required modifications and none has been denied. The following example illustrates the process. Kealakehe Houselots In September, 1983 the County of Hawaii proposed construction of a community center in Waimea, South Kohala and a housing development (houselots) in Kealakehe, North Kona, both financed with federal Community Development Block Grant (CDBG) funds. In February, 1984, following a review of the two projects, the CZM Office determined that the Waimea Community Center project was consistent with its CZM Program. However, the Office requested additional information on the Kealakehe Houselots. The County proposed developing about 40 single-family dwelling units in Kealakehe in an area previously determined by the State to be of high archaeological sensitivity. Concerned with the protection of possible historic or archaeological resources, the CZM Office recommended that a reconnaissance survey be conducted and that the County coordinate its efforts with the State Historic Preservation Officer. Based on a survey completed in March, 1984, no significant archaeologicafl or historic sites were found and no additional investigation was required. The project was subsequently determined to be consistent with the CZM Program. 31 TABLE: V.3 Hawaii CZM Program: 1978 - 1988 Federally-Assisted Activities *TOTAL CONCUR tCONCUJR(2) OBJECT NUMBER YEAR REVIEWED No. % No. % No. % 1978 1 1 100% 0 0%O 0 0% 1979 3 2 67% 1 33% 0 0% 1980 12 12 100% 0 0% 0 0% 1981 23 22 96% 1 4% 0 0% 1982 0 0 0% 0 0% 0 0% 1983 4 2 50% 2 50% 0 0% 1984 16 14 88% 2 12% 0 0% 1985 17 17 100% 0 0% 0 0% 1986 25 25 100% 0 0% 0 0% 1987 14 13 93% 0 0% 0 0% 1988 9 6 67% 0 0% 0 0% TOTAL 124 114 92% 6 5% 0 0% Note: *Total Number Reviewed: includes incomplete, withdrawn and/or pending submissions. however, these reviews are not represented in the data on federal consistency in Hawaii. tConcur(2) = concurrence given after consultation with the applicant and subsequent modification of the project, as agreed to by both the state and federal agencies. Secretarial Mediation In the event of a serious disagreement that cannot be resolved through informal negotiations, the head of a federal agency, Governor or state coastal resources management agency may request in writing Secretarial mediation [15 CFR 930.112(a)]. A copy of this request is also sent to the agency with which the requesting agency disagrees and to the Assistant Administrator. Within 15 days following its receipt, the disagreeing agency must respond in writing to both the Secretary and the requesting agency indicating whether it wishes to participate in the mediation process. If the disagreeing agency declines the offer to enter into mediation efforts, the basis for its refusal must-be included in its response and the Secretary will cease efforts to provide mediation assistance [15 CFR 930.112(b)]. If, however, all parties agree to participate in the process, the Secretary appoints a hearing officer that schedules a public hearing to be held in the local area concerned. Public notice of the hearing is made, and the public is provided with convenient access to information related to the disagreement. The hearing must be informal and after the hearing, the record is submitted to the Secretary. A mediation conference attended by representatives from the Office of the Secretary, the disagreeing federal and state agencies, and any other interested parties deemed necessary by the Secretary is scheduled. Mediation will terminate under the following circumstances: 32 VI. NATIONAL REQUIREMENTS Although participation in the national Coastal Zone Management Program is voluntary, those states choosing to participate must meet specific requirements outlined by the CZMA and federal regulations including: 1. Demonstrating adequate authority to carry out the objectives and policies of the CZM Program; 2. Identifying permissible land and water uses in the management area; 3. Designating areas of particular concern and priorities of uses; 4. Considering land and water uses of regional benefit; and 5. Developing a planning process for siting energy facilities, providing access to public beaches and other valuable coastal areas; and assessing the effects and controlling/lessening the impacts of shoreline erosion. This section illustrates how Hawaii's CZM Program meets these requirements. A. Management Authority It is the national policy to preserve, protect, develop and where possible, to restore or enhance, the resources of the National coastal zone for this and succeeding generations [and] to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and aesthetic values as well as to needs for economic development, which programs should at least provide for.. .[CZMA, �303]. The CZMA requires states to address and carry out this national policy through their coastal management objectives and policies. The objectives and policies of the Hawaii CZM Program were developed to address seven resource areas - recreational, historic, scenic and open space, coastal ecosystems, coastal hazards, economic uses and managing development - and are carried out through the various state and county authorities of the CZM management network. The objectives, policies and implementing authorities are summarized in Table VI.1 34 TABLE VI.1 AUTHORITIES MATRIX STATE- MANDATED COUNTY CZM OBJECTIVES AND POLICIES STATE AUTHORITY AUIrORITY Recreational Resources OBJECTIVE: Provide coastal recreational oppornni- DLNR: HRS 115, 171 HRS 46, 115, 205, ties accessible to the public. HRS 173A 205A-Part I m DBED: HRS 201 LUC: HRS 205 ALL: HRS 101. 343. HRS 344 Policy 1: Improve coordination and funding of coastal DLNR: HRS 173A recreation planning and management; and DOT: HRS 266 DBED: HRS 201 Policy 2: Provide adequate, accessible and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for DLNR: HRS 173A. 183D HRS 205A-Part 1L mI recreational activities that cannot be provided DOH: HRS 180C in other areas; LUC: HRS 205 DOT: HRS 266 (ii) Requiring replacement of coastal resources DLNR: HRS 173A having significant recreational value, LUC: HRS 205 including but not limited to surfing sites and sandy beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public DLNR: HRS 115. 171 HRS 46, 115, 205A- access, consistent with conservation of natural HRS 173A Part II, HI resources, to and along shorelines with DOT: HRS 266 recreational value; (iv) Providing an adequate supply of shoreline DLNR: HRS 184, Rule HRS 46, 205A- parks and other recreational facilities suitable �13-145 Part II, III for public recreation; DOT: HRS 266 DOH: HRS 321, Rule �11-6 35 AUTHORITIES MATRIX STATE- MANDATED COUNTY CZM OBJECTIVES AND POLICIES STATE AUTHORITY AUHORITY Recreational Resources - continued (v) Encouraging expanded public recreational use DLNR: HRS 183, Rule of county. state and federally-owned or �13-2 controlled shoreline lands and waters having DBED: HRS 201 recreational value; (vi) Adopting water quality standards and DO-H: HRS 174C, 180C HRS 180C. 205A- Part regulating non-point sources of pollution in HRS 342D, Rules II order to protect and where feasible, restore the �11-54; 55; 62 recreational value of coastal waters; (vii) Developing new shoreline recreational DLNR: HRS 173A opportunities where appropriate, such as LUC: HRS 205 artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of LUC: HRS 205 HRS 46, 205A- Part shoreline areas with recreational value for IL Im public use as part of discretionary approvals or permits by the Land Use Commission, Board of Land and Natural Resources, county councils and planning commissions, and crediting such dedication against the requirements of �46-6. HRS. Historic Resources OBJECTIVE: Protect, preserve and where desirable, CONST: Article 111-5 HRS 46. 57 restore those natural and man-made historic and pre- DLNR: HRS 6E, 171 historic resources in the CZM area that are significant in HRS 173A, Rule Hawaiian and American history and culture. �11-145 LUC: HRS 205 ALL: HRS 101, HRS 203-3, 343 HRS 344 Policy I: Identify and analyze significant archaeolo- DLNR: HRS 6E,173A gical resources; DBED. HRS 201 ALL HRS 343. 344 Policy 2: Maximize information retention through DLNR: HRS 6E. 184 preservation of remains and artifacts or salvage LUC: HRS 205 operations; and ALL: HRS 343, 344 36 AUTHORITIES MATRIX STATE- MANDATED COUNTY CZM OBJECTIVES AND POLICIES STATE AUTHORITY AUTHORITY Historic Resources (continued) Policy 3: Support State goals for protection, CONST: Article vm-5 HRS 57 restoration, interpretation and display of historic DLNR: HRS 6E,173A resources. HRS 184. Rule �11-2 LUC: HRS 205 ALL HRS 343 HRS 344 Scenic and Open Space Resources OB1ECTIVE: Protect, preserve and where desirable, CONST: Article VIII HRS 57 restore or improve the quality of coastal scenic and open DLNR: HRS 173A, 183 space resources. HRS 184 DBED. HRS 201 LUC: HRS 205 ALL HRS 101, 343 HRS 344 Policy 1: Identify valued scenic resources in the coastal DBED: HRS 201 HRS 57 zone management area; Policy 2: Insure that new developments are compa-tible LUC: HRS 205 HRS 57 with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; Policy 3: Preserve, maintain and where desirable, CONST: Article VI HRS 205, 205A- Part improve and restore shoreline open space and scenic DLNR: HRS 173A, 183 I. 1m1 resources; and HRS 184 LUC: HRS 205 ALL HRS 344 Policy 4: Encourage those developments which are not CONST: Article VII HRS 57 coastal dependent to locate in inland areas. LUC: HRS 205 ALL: HRS 343, 344 37 AUTHORITIES MATRIX 0 ~~~~~~~~~~~~~~~~~~STATE- MANDATED COUNTY CZM OBJECTIVES AND POLICIES STATE AUTHORITY ALITHORITrY Coastal Ecosystems QBTE~rIVE: Protect valuable coastal ecosystems from CONST- Article X-1I HRS 205A- Part MI HIl disruption and minimize adverse impacts on all coastal DLNR: HRS 171. 173A ecosystems. HRS 183. 183D HRS 187A. 190 HRS 195. 195D., Rule � 11-2 DOA. HRS 149A DOT: HRS 266 LUC: HRS 205 OEQC: HRS 341 OSP:. HRS 225M ALL H-RS 101, 343 Policy I: Improve the technical basis for natu.ral DLNR. HIRS 195 HRS 18OC resource management; DOE-L HRS 180C. 342A HRS 342D, 342F HRS 342H. 3423 HRS 342L, 342N OEQC: HRS 341 Poi~ Preserve valuable coastal ecosystems of DLNR. H-RS 173A. 183 HRS 205A-Par IL. HI significant biological or economic importance; HRS 183D. 187A HRS 188. 189 HRS 190. 195 HRS 195D. Rules 1 13-28; 29; 30; 31; 124; 125 DOA. HRS 149A LUC. HRS 205 DOLt HRS 3453, Rule �11154 Policy 3: Minimize disruption or degradation of coastal DLNR: HRS 183 HRS iSOC. 205A- Part water ecosystems by effective regulation of stream DOK- HRS 180C. 342D IL HII diversions, channelization. and similar land and water DOT. HRS 266 uses, recognizing competing water needs-, and Policy 4: Promote water quantity and quality planning DLNR: HRS 183. Rule HRS 180C. 205A- Part and management practices which reflect the tolerance of � 13-2 IL, H fresh water and marine ecosystems and prohibit land and DOEH HRS 180C. 3421), water uses which violate state water quality standards. Rule � 11-54 LUC: HRS 205 DOT: HRS 266 OEQC: H RS 341 OSP: HRS 225M 38 AUTHORITIES MATRIX STATE- MANDATED COUNTY CZM OBJECTIVES AND POLICIES STATE AUTHORITY AUTHORITY Economic Uses OBJECTIVE: Provide public or private facilities and DLNR: HRS 171. 174 HRS 205 improvements important to the State's economy in HRS 176, 183 suitable locations. DBED HRS 196, 206E DOT: HRS 279A OSP: HRS 225M ALL HRS 101, 344 Policy 1: Concentrate in appropriate areas the location DLNR: HRS 171, 174 of coastal dependent development necessary to the HRS 176 State's economy; LUC: HRS 205 DBED. HRS 196 DOT: HRS 279A OSP: HRS 225M Policy 2: Insure that coastal dependent development DOT: HRS 266 HRS 57, 205, 205A- such as harbors and ports, visitor industry facilities and LUC: HRS 205 Part I energy generating facilities are located. designed and DBED: HRS 196, 206E constructed to minimize adverse social visual and ALL HRS 343, 344 environmental impacts in the coastal zone management area; and Policy 3: Direct the location and expansion of coastal DLNR: HRS 171. 174 HRS 205, 205A- Part dependent development to areas presently designated HRS 176, 183 II and used for such development and permit reasonable LUC: HRS 205 long-term growth at such areas, and permit coastal DOT: HRS 266, 279A dependent development outside of presently designated OSP: HRS 225M areas when: ALL HRS 343, 344 (i) Utilization of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) Important to the State's economy. Coastal Hazards OBJECTIVE: Reduce hazard to life and property from DLNR: HRS 179, 180 HRS 180C. 205. tsunami, storm waves, stream flooding. erosion, and DOH: HRS 180C 205A-Part IEI m subsidence. DOT: HRS 266 ALL: HRS 101 Policy 1: Develop and communicate adequate DLNR: HRS 179. 180 HRS 46 information on storm wave. tsunami. flood, erosion and subsidence hazard; 39 AUTHORITIES MIATRIX STATE- MANDATED COUNTY CZM OBJECTIVES AND POLICIES STATE AUTHORITY AUTHORITY Coastal Hazards (continued) DLNR: HRS 179. 180 HRS 180C. 205. DOT: HRS266 205A- Part . III Policy 2: Control development in areas subject to storm DOH: HRS 180C wave. tsunami, flood, erosion and subsidence hazard; ALL: HRS 343 Policy 3: Ensure that developments comply with DLNR: HRS 179 HRS 46, 180C requirements of the Federal Flood Insurance Programs; and Policy 4: Prevent coastal flooding from inland projects. DLNR: HRS 180, HRS 180C. 205A- Part DOH- HRS 180C II Managing Development OBJECTIVE: Improve the development review process. OSP: HRS 225M communication, and public participation in the B&F: HRS 37 managemnent of coastal resources and hazards. ALL: HRS 91.92. 344 Policy 1: Effectively utilize and implement existing law OSP: HRS 225M HRS46 to the maximum extent possible in managing present B&F: HRS37 and future coastal zone development; Policy 2: Facilitate timely processing of application B&F: HRS 37 HRS 46 for development permits and resolve overlapping or conflicting permit requirements; and Policy 3: Communicate the potential short and long- LUC: HRS 205 term impacts of proposed significant coastal ALL HRS 91.92 developments early in their life-cycle and in terms HRS 343. 344 understandable to the general public to facilitate public participation in the planning review process. B. Permissible Land and Water Uses The CZMA requires that states identify those land and water uses allowed in the management area and include in their management programs, those enforceable policies, legal authorities, performance standards or other techniques or procedures that will govern whether and how uses will be allowed, conditioned, modified, encouraged or prohibited [ 15 CFR 923.1 1]. 40 In Hawaii, no uses have been prohibited on a statewide basis; however, some uses have been restricted, limited or controlled as to the manner or area in which they may occur. The Hawaii Land Use Law sets forth the general categories of permissible land uses within its four district classifications (refer to Section C); however, the management authorities included in the 0 State's CZM Programn impose additional constraints on the types of activities permitted and the specific conditions under which such uses are allowed. Table VI.2 summarizes the various uses that are subject to special management controls. 4 1 TABLE VI.2: LAND & WATER USES SUBJECT TO SPECIAL MANAGEMENT CONTROLS MANAGEMENT SYSTEM SPECIAL CONSTRAINTS/CONDITIONS AUTHORITY Irrigation Projects BLNR may organize and administer irrigation DLNR: Ch. 174. HRS projects exclusively for farming purposes. Wildlife Areas DLNR is responsible for establishing, maintaining, DLNR: Ch. 183D, HRS managing and operating game management areas, wildlife sanctuaries and public hunting areas to preserve, protect, conserve and propagate wildlife. Rules established by the department concern: Preserving, protecting, regulating and extending the use of and conditions for entry into wildlife sanctuaries, game management areas and public hunting areas; * Protecting, conserving, monitoring, propagating and harvesting wildlife; * Size limits, bag limits open and closed seasons and specifications of hunting gear which may be used or possessed. Aquatic Resources In addition to managing MLCDs and the NARS, the DLNR: Ch. 187A. HRS DLNR is responsible for establishing, managing and regulating all public fishing areas, artificial reefs, fish aggregating devices, shoreline fishery management areas, refuges and marine life propagating stations. FISHING RIGIHTS AND REGULATIONS: DLNR: Ch. 187A, HRS Konohiki Rights: By ancient regulations, fishing grounds extending landward, from the reefs (and where there happens to be no reefs, from the distance of one geographical mile seaward of the beach at low watermark) are the private fishery of the konohiki. "Konohiki" is a Hawaiian term meaning 'headman' of a land division. under the chief, who is vested with special fishing rights for the private fishery are established by proceedings in the State Circuit Court and cannot be disturbed. Specific aquatic life is set apart and is for the exclusive use of the konohiki within a specified period, whereby neither the tenants nor others may take the reserved aquatic life within the private fishery. 42 PERMISSIBLE USES MANAGEMENT SYSTEM SPECIAL CONSTRAINTS/CONDITIONS AUTHORITY Aquatic Resources Fishing rights and regulations are adopted by the DLNR: Ch. 188. HRS (continued) department concerning: the size limits and specifications of fishing and taking gear; size limits and conditions for fishing and taking of specific aquatic species; and conditions for fishing and taking of aquatic species in certain waters in the State. Commercial fishing requirements have also been DLN'R: Ch. 189, HRS adopted by DLNR. Marine Life Conservation The DLNR establishes MLCDs as necessary to DLNJR: Ch. 190, HRS Districts conserve, supplement and increase the State's marine (MLCD) resources. Once established, the department will adopt rules governing: the taking or conserving of fish and other marine 'life; prohibiting activities that may disturb, degrade or alter the marine environment; establishing open and closed seasons; designating areas where certain species of fish or marine life may not be taken; prescribing and limiting the methods of fishing (i.e., type and mesh and other description of nets, traps and appliances); and otherwise regulating the fishing and taking of marine life. As of 1989, nine MLCDs have been established and DLNR Admin. Rules: include: Title 13. Subtitle 4 Hanaumae Bay, Oahu Chapter 28 Kealakekua Bay, Hawaii Chapter 29 Mfanele-Hulopoe, Lanai Chapter 30 Molokini Shoal, Maui Chapter 31 Honolua-Mokuleia Bay, Maui Chapter 32 Lapakahi, Hawaii Chapter 33 Pupukea, Oahu Chapter 34 Wailea Bay, Hawaii Chapter 35 Waikiki, Oahu Chapter 36 Ocean Leasing BLNR in agreement with DOT. may lease state marine DLNR: Ch. 190D. HRS waters and submerged lands for marine activities. The Board will not lease any areas when existing programs of the DLNR such as MLCDs, shoreline fisheries management areas or natural area reserves will suffer adverse impact as a result of the proposed activities. Other leasing restrictions, procedures and provisions have been adopted and are administered by DLNR. 43 PERMISSIBLE USES MANAGEMENT SYSTEM SPECIAL CONSTRAINTS/CONDITIONS AUTHORITY Natural Area Reserve NARS was established to protect and preserve the DLNR: Ch. 195, HRS System unique natural assets of the State, including (NARS) geological and volcanic features and distinctive marine and terrestrial plants and animals. To date, there are 21 reserves, managed by DLNR and include: Waiakea 1974 Lava Flow, Hawaii DLNR Admin. Rules: Ahihi-Kinau, Maui Title 13, Subtitle 9, Puu 0 Umi. Hawaii Chapter 209 Laupahoehoe. Hawaii Mauna Kea Ice Age. Hawaii Puu Mbakaala, Hawaii Manuka, Hawaii Kipahoehoe, Hawaii Kaena Point, Oahu Pahole, Oahu Mount Kaala, Oahu Hono 0 Pali, Kauai Kuai, Kauai Honowai, Maui Kahuckuloa, Maui Hookowai, Maui Panaewa, Maui Lihau, Mauli Oloki, Molokai Puu Alii, Molokai Kahaualea, Hawaii Conservation of Aquatic A Wildlife Sanctuaries Program managed by DLNR DLNR: Ch. 195D. HRS Life, Wildlife and Land was developed to conserve, manage and protect Plants indigenous wildlife of the State. To date, 11 sanctuaries have been established and include: Paiko Lagoon, Oahu Kipuka Ainahou, Hawaiii Kahuku Nene Sanctuary, Hawaii Keauhou Nene Sanctuary, Hawaii Keauhou and Nene Sanctuary, Hawaii Nuipia Ponds, Oahu (Marine Corps) Ulupau Crater, Oahu (Marine Corps) Naval Ammunition Depot - Lualualei, Oahu (Navy) Hawaii State Seabird Sanctuary, (offshore islands around the State) Kanaha Pond, Maui Puu tVaa Waa, Hawaii The Waimanu Estuarine Sanctuary was also established by DLNR to protect and preserve a Hawaiian estuarine sanctuary for scientific and educational use. 44 PERMISSIBLE USES MANAGEMENT SYSTEM SPECIAL CONSTRAINTS/CONDITIONS AUTHORITY Special Management Area Special controls and guidelines for reviewing Counties: Ch. 205A, (SMA) proposed developments are established by the Part EL HRS counties for developments within their designated SMAs County Ordinances and Regulations Shoreline Setback Shoreline setback areas are designated on each Counties: Ch. 205A, island. where no development or activity may occur Part m. HRS without prior approval by the appropriate county authority. County Ordinances and Regulations Hawaii Community HCDA was established by the legislature to renew, HCDA: Ch. 206E, HRS Development Authority renovate or improve areas that are substantially (HCDA) underdeveloped or blighted and are an economic and/or social liability to the State. Housed in DBED, HCDA establishes rules for designated improvement districts. To date, one improvement district has been established -- the Kakaako Community Development HCDA: Ch. 206E, District in central Oahu. Part IL HRS Harbors No person may erect or place, sink or abandon any DOT: Ch. 266, HRS structure, type of watercraft or other sizeable object in or within the shores or shore waters of the State without permission from DOT. Specific restrictions were established for the Ala Wai and Keehi boat harbors. In addition, the department establishes and enforces mooring requirements in state harbors. C. Areas of Particular Concern and Priorities of Use The CZMA requires that states include in their management programs an inventory and designation of areas of particular concern (APCs) or interest within the coastal zone as well as a priority of uses-in these areas, including those of lowest priority [15 CFR 923.21]. Criteria for designating APCs include: areas of high natural productivity or essential habitatfor living resources, including fish, wildlife...areas where development and facilities are dependent upon the utilization of, or access to, coastal waters [15 CFR 923.21(b), (c)]. Hawaii has several programs that are similar to and meet the requirements of the APC concept noted above. General provisions for the use and/or protection of these areas are included 45 in Hawaii CZM Program's objectives and policies relating to coastal ecosystems, historic resources and coastal development. However, additional and more specific use restrictions are accomplished by applying specific plan and zone designations to these APCs. The state and county authorities responsible for an area's management, preservation and/or development have established priorities of use by permitting, regulating, encouraging or prohibiting particular uses and activities in these areas. Hawaii's APCs are discussed below and include: the Natural Area Reserves Systems; the Marine Life Conservation Districts Program; the Wildlife Sanctuaries Program; the Waimanu National Estuarine Research Reserve; the Shoreline Setback Area; and programs falling within the purview of the Hawaii Community Development Authority. Areas for Preservation and Restoration The CZMA establishes provisions to preserve or restore areas for their conservation, recreational, ecological or aesthetic values [15 CFR 923.22]. In Hawaii, most areas considered to be of particular concern are designated for these purposes. These include the Natural Area Reserves Systems, the Marine Life Conservation Districts Program, the Wildlife Sanctuaries Program, the Waimanu National Estuarine Research Reserve and the Shoreline Setback Areas. Natural Area Reserves Systems (NARS): NARS was established by the State Legislature to protect unique geological, volcanic and other natural areas with distinctive marine, animal and terrestrial features from any loss due to human population and technological growth. A NARS Commission appointed by the Board of Land and Natural Resources recommends areas for inclusion into the NARS. Subsequent rules specifying the use, control and protection of an area established by the Commission are subject to Board approval. At present, 21 sites have been established under the NARS program. Marine Life Conservation District (MLCD): The NARS counterpart on the water side of the coastal zone is the Marine Life Conservation District Program. This program was established to preserve unique areas of Hawaii's marine environment such as bays, shoals and estuaries, which are vulnerable to human activities if left unattended. To date, nine MLCDs have been designated. Wildlife Sanctuaries: The purpose of this program is to conserve, manage and protect indigenous wildlife of the State. Sanctuaries are created and administered by the Board of Land and Natural Resources. To date, 11 sanctuaries have been established. Waimanu National Estuarine Research Reserve: Waimanu Valley, located on the island of Hawaii, is a unique Hawaiian sanctuary, preserved for the protection of indigenous flora and fauna for scientific and educational purposes. The Board of Land and Natural Resources designated this area as a sanctuary in 1980 and developed administrative rules governing permissible (and impermissible) uses in the area. Shoreline Setback Areas: The final APC included in the program to protect and conserve coastal resources are the shoreline setback areas designated in each county. Because of the importance of the shoreline to the economy and environment, the shoreline setback provisions included in the CZM Law establish a restrictive zone 40 feet1 inland from the shoreline, where construction and other activities are generally prohibited except by a variance process. The iThe counties, through rules adopted pursuant to Chapter 91. HRS or ordinance, may require that shoreline setback lines be established at greater distances [�205-45, HRS]. In addition. the 1989 Legislature authorized the counties through rules pursuant to Chapter 91, HRS or ordinance, to expand the shoreline setback areas to include the area between mean sea level and the shoreline [Act 356, 1989 SLHJ. 46 counties are responsible for carrying out the setback provisions and are authorized to issue the shoreline setback variances. Other Areas of Particular Concern - Areas for Coastal Development In addition to establishing APCs for preservation and restoration, the CZMA allows state coastal programs to designate other areas that require additional or special management (15 CFR 923.23). Although most of Hawaii's APCs are concerned primarily with the preservation and restoration of areas for their conservation, recreational, ecological or aesthetic values, an important program qualifying as an APC under this provision is the Kakaako Community Development District. Hawaii Community Develonment Authority: The Authority is charged with developing and implementing community development plans and programs in underdeveloped or blighted areas designated by the legislature, with powers to override county controls and regulations as necessary to better serve the public interest of the State. To date, only one district has been established - the Kakaako Community Development District - an underdeveloped service and light industrial area centrally located in Honolulu between the island's central business district/government center and Waikiki, the State's major tourist destination. Because of its proximity to the coast, shoreline utilization and water uses in this area are highly competitive. Serious consideration of coastal resources is required in the redevelopment of this "New-Town-In-Town." Hawaii's APCs and their respective priorities or prohibitions of use are summarized in Table VI.3. 47 TABLE VI.3: Areas of Particular Concern Priorities of Uses AUTHORITY FOR MANAGEMENT NATURE OF DESIGNATION SYSTEM CONCERN/PURPOSE OF SITES PRIORITY OF USES Natural Area Protection and preservation of Areas are recom- High Priority: Uses which preserve Reserves unique natural resources such mended by the Nat- and enhance existing ecosystems, System as geological and volcanic, ural Area Reserves the area's geological features, and distinctive marine and Commission. historic resources and endangered terrestrial features. species. Low Priority: Uses generally prohibited by the Department of Land and Natural Resources' administrative rules including, harm to plant or animal life, construction and/or polluting activities. Marine Life Preserve, protect and conserve Established by the High Priority: Uses which preserve, Conservation marine (life) and geological Board of Land and protect, conserve and/or propagate Districts features in furtherance of Natural Resources marine resources and geological Hawaii's policy to conserve, through adrministra- features. supplement and increase the tive rules. States marine resources. Low Priority: Uses generally prohibited by the Departmunent of Land and Natural Resources' administrative rules including, polluting. construction and certain types of fishing. Wildlife Conserve, manage and protect Established by the High Priority: Uses which preserve Sanctuaries indigenous wildlife. Board of Land and and enhance iddigenous wildlife in Natural Resources the area. through administra- tive rules. Low Priority: Uses generally prohibited by the Department of Land and Natural Resources' administrative rules including, polluting, construction and certain types of hunting. 48 Areas of Particular Concern - Priorities of Uses AUTHORITY FOR MANAGEMENT NATURE OF DESIGNATION SYSTEM CONCERN/PURPOSE OF SITES PRIORITY OF USES Walmanu Protect indigenous flora and Established by the High Priority: Uses which preserve. National fauna to preserve a Hawaiian Board of Land and protect, conserve or study the area's Estuarine estuarine sanctuary for future Natural Resources historic resources and native animal Research scientific and educational through administra- and plant conmmnunities. Reserve purposes. tive rules. Low Priority: Uses generally prohibited by the Department of Land and Natural Resources' administrative rules including, polluting, construction and certain types of fishing and hunting. Shoreline Protect shoreline resources Counties establish High Priority: Uses which preserve Setback recognized as vital to the setback areas. and enhance coastal resources. economy and envirorunment of the Stae. Low Priority: Any structures, to include (but not limited to), seawalls, groins and revetments. Hawail Replan. renew or redevelop an State Legislature High Priority: Mixed-uses providing Community urban area to alleviate designates sites as significant employment and low- Development conditions which may make necessary. cost housing, parks and open space, Authority the area a social or economic and enhancing compatible, liability. industrial and commercial activity. Low Priority: Uses incompatible with surrounding districts which would detract from historic and/or cultural resources, or decrease utilization of public transportation or pedestrian facilities. D. Uses of Regional Benefit To assure that "local land and water use regulations ... do not unreasonably restrict or exclude land or water uses of regional benefit," the national CZMA requires that uses of regional benefit be given appropriate consideration [15 CFR 923.12]. This requirement needs special interpretation when applied to Hawaii since its local government structure is made up of four counties each of which covers one or several entire islands. The provision of regional benefit is therefore interpreted to apply to land and water uses of statewide benefit or of benefit to more than one county. The objectives and policies of the Hawaii CZM Program were formulated in order to protect or where possible, enhance coastal resources of statewide importance. In addition, these objectives and policies are supplemented by the various state authorities included in the CZM management network to ensure that uses of statewide benefit are given appropriate consideration by local land and water management authorities. 49 Examples of activities using and/or requiring locations near the coast and having impacts or benefits beyond a county's jurisdiction are summarized below in Table VI.4. TABLE VI.4: Uses of Regional Benefit TYPE OF ACTIVITY EXAMPLE OF USES Scientific Field Research Investigations and studies undertaken in areas such as astronomy; volcanic observation; wetlands; endangered species; and natural hazards. Marine-Related Research Facilities Investigations and studies undertaken in areas such as aquaculture; energy conversion (i.e, waves, tides, currents, osmotic salinization); fisheries development; reefs/marine life conservation; water quality and waste management; and seabed mining. Energy Research and Development Research and development activities for hydroelectric power plants; Facilities municipal and agricultural sold wastes power conversion; geothermal energy conversion; biomass conversion; wind and solar energy; and various ocean energy resources (i.e., waves, tides, currents, osmotic salinization). Communication and Facilities include telephone and television networks and transoceanic Transportation Facilities cables; airports. highways and small boat harbors; and deepdraft ports and ancillary facilities. Processing Facilities Developments include extraction and processing plants for fisheries, forestry and aquaculture resources; sand. marine minerals, lava rock and ferrous bauxite mining; and jet fuel and gasoline refining. National Defense and Coastal Facilities include the Pacific Headquarters for the U.S. Armed Forces; the Protection Facilities U.S. Coast Guard; civil defense warning system; and aerospace and tracking facilities. E. Energy Facility Siting, Beach Access and Shoreline Erosion The 1976 amendments to the CZMA required three new elements to be included in state coastal management programs: a planning process for (1) siting of energy facilities and identifying their impacts; (2) protecting and maintaining access to public beaches; and (3) assessing the effects of and evaluating ways to control shoreline erosion. As with other elements of the program, Hawaii relies upon the existing state and local government authorities and activities to meet these federal requirements. 50 Planning for Energy Facilities Hawaii depends almost entirely on imported petroleum as its primary energy source. In 1988, about 90 percent of Hawaii's energy was derived from external fossil fuels (DBED, 1988). Given the many uncertainties associated with the future of petroleum as a resource, Hawaii has continued to explore and develop alternative sources of energy and energy self-sufficiency. The thrust of planning for energy facilities has since shifted from fossil fuel-based facilities to a number of indigenous, renewable, natural resources including solar, ocean, wind, biomass and geothermal This continued interest in energy planning and development is expressed in the State's environmental policy encouraging efficient use of energy resources and in the CZM program's objectives and policies relating to economic resources. The CZMA requires that state coastal programs include a planning process for energy facilities likely to be located in, or which may significantly affect the coastal zone. In addition, the CZMA has identified specific energy facilities which must be addressed by the coastal program. The national interests in siting facilities and the corresponding coastal objectives which respond to this concern are summarized in Table VI.5a. TABLE VI.5a: Facility Siting Consideration of National Interests RELEVANT FEDERAL AGENCY HAWAII CZM FACILTrrY ASSOCIATED (adapted from RESOURCE SITING FOR: FACILITIES 15 CFR 923.15) CATEGORY Energy Oil & gas wells; storage & Department of Energy. Department Economic Uses Production and distribution facilities; refin- of Transportation. Federal Energy Coastal Hazards Transmission ries; nuclear. conventional & Regulatory Commission, Depart- Managing Dvmt hydroelectric power plants: ment of the Interior, Nuclear deepwater ports Regulatory Commission. Maritime Administration. Coast Guard. Corps of Engineers Recreation National seashores; parks & National Park Service. Forestry Recreational forests; large & outstanding Service. Fish & Wildlife Service, Historic beaches & recreational water- Bureau of Land Management, Henri- Scenic/Open Space fronts; wildlife reserves; tage Conservation & Recreation Coastal Ecosys wilderness & recreation areas Service Coastal Hazards Interstate Airports; interstate highways; Corps of Engineers, Department of Coastal Ecosys Transportation aids to navigation; ports & Transportation. Interstate Commerce Scenic/Open Space harbors; railroads Commission, Maritime Admini- Economic Uses stration Coastal Hazards Production of Prime agricultural land & Department of Agriculture, Fish & Coastal Ecosys Food and Fiber facilities; forests; mariculture Wildlife Service. National Marine Scenic/Open Space facilities; fisheries Fisheries Service Economic Uses Coastal Hazards Preservation of Flood & storm protection; Corps of Engineers, Federal Flood Coastal Hazards Life and disaster & warning facilities Insurance Administration, National Property Oceanic & Atmospheric Administra- tion. Soil Conservation Service, Housing & Urban Development National Military installations; defense Department of Defense, National Economic Uses Defense and manufacturing and aerospace Aeronautic & Science Administration Scenic/Open Space Aerospace launching & tracking facilities Historic, - Historic sites & natural areas; Register of Historic Places. National Historic Cultural and areas of unique cultural sig- Park Service, Fish & Wildlife Coastal Ecosys Aesthetic nificance, species and habitat Service. National Marine Fisheries, SceniclOpen Space Values preservation; wildlife refuges Housing & Urban Development Mineral Mineral extraction support Geological Survey. Bureau of Mines Economic Uses Resources facilities Coastal Ecosys 52 Although addressed by the CZM objectives and policies, the primary responsibility for developing a state program for energy planning falls under the authority of the Department of Business and Economic Development (DBED) and consists of short and long-term planning for conserving energy and fuels as well as developing new or alternative sources of such energy and fuels. In addition, the director of DBED serves as the State's energy coordinator, responsible for coordinating the efforts of all federal, state and local governments and private agencies engaged in or expressing an interest in various aspects of the exploration, research, distribution, conservation and production of all forms of energy resources. Additional state and county authorities are involved in the siting of energy facilities and vary, depending on the resource impacts on the proposed facility. Combined, these agencies and departments satisfy the federal requirements for an energy facility siting planning process. The various agencies which address energy facilities siting are summarized in Table VI.5b. TABLE VI.5b: Energy Policies AGENCY POLICY AUTHORITY All offices, It is the State's policy to encourage productive and enjoyable Ch. 344. HRS departments, harmony between the people of Hawaii and the environment to boards and promote efforts which will prevent or eliminate damage to the commissions of environment and biosphere and stimulate the health and the state and welfare of the people, and enrich the understanding of the county ecological systems and natural resources important to the governments State. To protect and enhance Hawaii's environment and reduce the drain on non-renewable resources the State, through its programs, authorities and resources, will encourage efficient use of energy resources. Office of State It is an objective of the Hawaii CZM Program to provide public Ch. 205A-Part I, HRS Planning or private facilities and improvements important to the State's economy in suitable locations by: Concentrating in appropriate areas, the location of coastal dependent development necessary to the State's economy; Insuring that coastal dependent development such as harbors and ports, visitor industry facilities and energy generating facilities are located, designed and constructed to minimize adverse social. visual and environmental impacts in the coastal zone management area; and Directing the location and expansion of coastal dependent development to areas presently designated and used for such development and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) Utilization of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) Important to the State's economy. 53 Energy Policies AGENCY POLICY AUTHORITY Department of DBED is responsible for developing a state program for energy Ch. 201. HRS Business and planning and conservation. The programs consist of short and Economic long-range planning to encourage voluntary conservation of Development energy and fuels. and to develop new or alternative sources of (DBED) such energy and fuels. The director of DBED serves as the State's energy resources Ch. 196, HRS coordinator. coordinating the efforts of all federal, state. county and private agencies engaged in or interested in the exploration. research. distribution. conservation and production of all forms of energy resources in Hawaii. Responsibilities include: Formulating pla:s for the optimum development of Hawaii's energy resources; Conducting systematic analyses of existing and proposed energy resource programs; Formulating and recommending specific proposals for conserving energy and fuel; Developing programs to encourage private and public exploration and research of alternative energy resources which will benefit the State. .j Department of The Board of Land and Natural Resources may designate Chs. 196D, 205, HRS Land and geothermal resource subzones within the four land use Natural districts. Only those subzones may be used for geothermal Resources development activities. (DLNR) An assessment of potential geothermal resource subzones is conducted by the Board prior to its designation. The Board's assessment includes: The area's potential for producing geothermal energy; The prospects for using geothermal energy in the area; The geologic hazards that potential geothermal projects would encounter, The compatibility of geothermal development and related industries with present uses and environment of surrounding areas; and The potential economic benefits of geothermal development and related industries. Counties Each county may participate in developing alternative energy Ch. 46, HRS resources--geothermal. solar, wind, ocean, biomass or solid wastes--in joint venture with an end user or public utility. Should a joint venaure not be available, the counties may proceed alone. 54 Shorefront Access Planning The CZMA requires that each state include in its coastal program, (a) a definition of the term "beach" and (b) a planning process for the protection and access to public beaches and other public coastal areas of environmental, recreational, historic, aesthetic, ecological or cultural value [15 CFR 923.24]. The general coastline of Hawaii's major and minor islands total 750 miles, varying greatly in physical characteristics from island to island as well as from one part of an island to another. The lands abutting Hawaii's 185 miles of sandy beach2 on the six major islands - Hawaii, Oahu, Maui, Kauai, Molokai, and Lanai - are owned and managed by both public agencies and private individuals. FIGURE VI.1: Management of Upland Areas Adjacent to Beaches State: 4% Counties: 16% )I~ \ :: :11 � According to the 1975 State Comprehensive Outdoor Recreation Plan (SCORP), counties manage 30.2 linear miles of upland areas adjacent to sandy beaches; state agencies manage 62 linear miles and thefederal government manages 105 linear miles. The balance, roughly 137 linear miles of sandy beach, is abutted by . ! . .. . l rprivately owned or managed lands. Private: 74% This is a major problem in Hawaii since adjoining landowners exercise control over perpendicular access to the shoreline. Therefore, in addition to the CZM policies regarding recreational resources, scenic and open space resources and coastal ecosystems, the State manages shorefront access and protection using two principal authorities. The first and by far the most important means of government control is through the individual county planning departments and the Special Management Area and shoreline setback provisions. Under Part II and Part III, respectively, of Hawaii's Coastal Zone Management Law, each county has designated special management areas along their shorelines and has developed special conditions and guidelines for any development proposed in these areas. The shoreline setback areas running from the shoreline to a distance of not less than 20 feet and not more than 40 2For purposes of the Hawaii CZM Program, "beach" is defined as all lands up to the upper reaches of the wash of the waves. other than storm and tidal waves, at high tide during the season of the year in which the highest was of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of the debris left by the wash of the waves [Chapter 205A-1, HRS]. 55 feet inland were established to minimize any construction or development that would interfere with the natural shoreline processes and safe public shoreline access. Another mechanism vested with the counties are the subdivision and development rules administered under Chapter 46, HRS which require subdividers and/or developers to dedicate land for public access by right-of-way or easement for pedestrian travel. In addition, the Department of Land and Natural Resources is responsible for acquiring and maintaining public access to the sea, shorelines and inland recreational areas, and providing public rights-of-way and transit corridors along the shorelines. The various authorities included in Hawaii's CZM Program to address shoreline access are summarized in Table VI.6. TABLE VI.6: Shorefront Access and Protection Policies AGENCY POLICY AUTHORITY Omce of State It is an objective of the Hawaii CZM Program to provide Ch. 205A-Part I, HRS P I an n I n g adequaxe, accessible and diverse recreational opportunities in (OSP) the coastal zone management area by: Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas' Requiring replacement of coastal resources having significant recreational value, including but not limited to surfing sites and sandy beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; and Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation. Counties In cases where public access is not already provided, each Ch. 46, HRS county requires subdividers and/or developers to dedicate land for public access by right-of-way or easement for pedestrian travel from a public highway or street to land below the high- water mark on any coastal shoreline. Each county has designated Special Management Areas (SMAs) Ch. 205A-Part 11. HRS along their shorelines and have developed special controls and guidelines for reviewing developments proposed in these areas to include: 56 Shorefront Access and Protection Policies AGENCY POLICY AUTHORrTY Counties Providing adequate access to publicly owned or used Ch. 205A-Part IL HRS (contin ued) beaches. recreation areas and natural reserves to the extent consistent with sound conservation; and Minimizing where reasonable, any development which would reduce or impose restrictions upon public access to tidal and submerged lands. beaches, portions of rivers and streams within the SMA. and the mean high tide line where there is no beach. In order to protect shoreline resources vital to the economy Ch. 205A-Part Ill. HRS and environment of the State, 20 to 40-ft (greater in some areas) setbacks are established along the shorelines of each county. Except as provided in Part III of the Hawaii CZM Law, no structure is permitted within the designated shoreline area without prior authorization from the respective county. A shoreline setback variance may be issued provided that the proposed development meets the following conditions: (a) If the authority finds in writing, based on the record presented, that the proposed structure or activity is necessary for or ancillary to: (1) Cultivation of crops; (2) Aquaculture; (3) Landscaping; provided it 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 utilities regulated under �269; (7) Private facilities or improvements that are clearly in the public interest; (8) Private facilities or improvements which will neither adversely affect beach processes nor artificially fix the shoreline; provided that the authority also finds that hardship will result to the applicant if the facilities or improvements are not allowed within the shoreline area; 57 Shorefront Access and Protection Policies AGENCY POLICY AUTHORITY Counties (9) Private facilities or improvements that Ch. 205A-Part [EL HRS (continued) may artificially fix the shoreline. provided that the authority also finds that shoreline erosion is likely to cause hardship to the applicant if the facilities or improvements are not allowed within the shoreline area; provided further thai the authority imposes conditions to prohibit any structure seaward of the existing shoreline unless it is clearly in the public interest; or (10) Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline; provided that the authority also rinds that moving of sand will not adversely affect beach processes, will not diminish the size of a public beach. and will be necessary to stabilize an eroding shoreline. (b) Hardship shall be defined in rules adopted by the authority under Chapter 91. Hardship shall not be determined as a result of county zoning changes. planned development permits, cluster permits, or subdivision approvals after the effective date of this Act, or as a result of any other permit or approval listed in rules adopted by the authority. (c) 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 risk of structures failing and becoming loose rocks or rubble on public property; and (4) To minimize adverse impacts on public views to, from, and along the shoreline. 58 Shorefront Access and Protection Policies AGENCY POLICY AUTHORITY Department of It is the State's policy D guarantee the right of public access to Ch. 115, HRS Land and the sea, shorelines and inland recreational areas, and the right Natural of transit along the shoreline below the private propery line. Resources (DLNR) When the provisions of �46-6.5, HRS are not applicable the various counties can pr-chase land for public rights-of-way to the shorelines, the sea and inland recreational areas. In addition, "public transit corridors" of not less than six feet wide will be established in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the pub;ic along the shoreline. DLNR will enter into agreements with the council of any county to provide for ie acquisition of public rights-of-way and public transit corridors, provided that the county can match the funds wlich have been appropriated by the Legislature to DLNR. Although the Board has the authority to dispose of public Ch. 171, HRS lands, prior to any disposition. the Board will lay out and establish over and across such lands, a reasonable number of rights-of-way from established highways to the public beaches, game management areas, public hunting areas and public forests and forest reserves to insure public access and use of these areas. Shoreline Erosion and Mitigation Planning - The CZMA requires that state management programs include a planning process for assessing the effects of shoreline erosion and studying and evaluating ways to control or lessen the impact, and if possible, restore areas adversely affected by erosion [15 CFR 923.25]. The loss of land along the shoreline due to natural forces or man's actions is a significant problem requiring attention by the State's coastal planning efforts. The authorities and management techniques included in Hawaii's CZM Program are intended to minimize the cost and extent of structural improvements needed to treat shoreline erosion problems. Planning and management practices consistent with and in furtherance of CZM's objective to reduce coastal erosion hazards fall primarily under the counties' authorities through the Special Management Area and shoreline setback provisions of the Hawaii CZM Law. Other authorities included in Hawaii's CZM Program to address shoreline erosion are summarized in Table VI.7. 59 TABLE VI.7: Policies Relating to Shoreline Erosion AGENCY POLICY AUTHORITY Office of State It is an objective of the Hawaii CZM Program to reduce hazard Ch. 205A-Part L HRS Planning to life and property from tsunami, storm waves, stream (OSP) flooding, erosion, and subsidence by: Developing and communicating adequate information on storm wave, tsunami, flood. erosion and subsidence hazard; Controlling development in areas subject to storm wave, tsunami, flood, erosion and subsidence hazard; Ensuring that developments comply with requirements of the Federal Flood Insurance Program; and Preventing coastal flooding from inland projects. Counties Each county has designated Special Management Areas (SMAs) Ch. 205A-Part II. HRS along their shorelines and have developed special controls and guidelines for reviewing developments proposed in these areas to include: Ensuring that alterations to existing land forms and vegetation, except crops; and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, landslides, erosion. siltation or failure in the event of earthquakes. In order to protect shoreline resources recognized as vital to Ch. 205A-Part III. HRS the economy and environment of the State, 40-ft (greater in some areas) setbacks are established along shorelines of each county. Within the designated shoreline setback area, no structures or any portion of a structure, including but not limited to seawalls, groins and revetments, are permitted without prior authorization from the respective county. A shoreline setback variance may be issued provided that the proposed development will cause minimum interference with natural shoreline processes and will provide for safe public shoreline access. Department of No structure, retaining wall, dredging. grading or other use Ch. 183, HRS Land and which interferes or may interfere with the future natural course Natural of the beach including further accretion or erosion, is Resources permitted on accreted land. (DLNR) .O~~~~~~~~~~~~60 60 ABBREVIATIONS APC - Area of Particular Concern CAC - Citizens' Advisory Committee CFR - Code of Federal Regulations CIP - Capital Improvements Program CZM - Coastal Zone Management CZMA - National Coastal Zone Management Act of 1972 DLNR - Department of Land and Natural Resources DOA - Department of Agriculture DOH - Department of Health DBED - Department of Business and Economic Development DPED - Department of Planning and Economic Development HCDA - Hawaii Community Development Authority HRS - Hawaii Revised Statutes LUC - Land Use Commission MLCD - Marine Life Conservation District NARS - Natural Area Reserve System NOAA - National Oceanic and Atmospheric Administration OCS - Outer Continental Shelf OCRM - Office of Ocean and Coastal Resource Management OEQC - Office of Environmental Quality Control OSP - Office of State Planning SAC - Statewide Advisory Committee SCF - Statewide Citizens Forum SLH - Session Laws of Hawaii SMA - Special Management Area SPA - Shoreline Protection Alliance 61 GLOSSARY* Anchialine Pools: Shoreline pools without surface connection to the sea having waters of measurable salinity and showing tidal rhythms. Examples may be found on the Kona Coast of Hawaii and Cape Kinau on Maui. Beach: All land up to the upper reaches of the wash of the waves, other than storm and 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. Coastal Dependent Development: Developments which, if not located adjacent to coastal resources, would result in a loss of quality in the goods or services provided. Examples include harbors, ports, and visitor industry and energy facilities. Coastal Ecosystems: Groupings of living organisms and their physical environments which together, form an interacting system - e.g., coral reefs. Coastal Hazards: Natural hazards such as storm waves, tsunamis, stream flooding, erosion and subsidence. Coastal Open Space Resources: Vegetated or landscaped land with minimal man-made structures, generally used for recreational, agricultural or forestry purposes. Coastal Recreational Resources: Natural and man-made resources necessary to support recreational activities in near-shore waters (e.g., ocean sailing, swimming, canoeing, fishing, biological and wildlife observations), rocky marine beaches, mud flats and mangrove areas (e.g., sunbathing, camping, hang gliding, biological and wildlife observations), coastal wetlands (e.g., biological and wildlife observations), and near-shore lands (e.g., hiking, camping, recreational housing). Coastal Scenic Resources: Viewlands and sites, both man-made and natural, which are generally perceived as visually and mentally pleasing. Coral Communities: Hard bottom communities (with scattered sand channels and patches) dominated by living coral thickets, mounds or platforms, and found at depths of 10 to 30 meters along protected leeward coasts or in shallow water (up to sea level), in sheltered lagoons behind atoll or barrier reefs, and in calm reaches of bays or coves. One the of the best examples is Kaneohe Bay on Oahu. Economic Uses: Public and private facilities and improvements important to the State's economy, including but not limited to ports, harbors, and visitor industry, energy, and aquaculture facilities. Ecosystem: All natural elements, physical and biological, of a habitat or site where any flora and/or fauna is found and is dependent upon. *Adapted and updated from: "State of Hawaii Coastal Zone Management Program and Environmental Impact Statement." 1978. 62 Embayments: Coastal waters with an entrance of some sort which restricts the exchange of water with the open ocean. As a consequence, the water in embayments has a residence time of a few days, during which time the plankton content increases substantially making the water turbid and giving it a green color. Examples include Pearl Harbor and Kaneohe Bay on the Island of Oahu. Energy Facilities: Any equipment or facility which is or will be used primarily in the exploration for or the development, production, conversion, storage, transfer, processing and/or transportation of an energy resource; for the manufacture, production or assembly of equipment, machinery, products or devices which are involved in any activity described above. Erosion: The group of processes where earth or rock material is worn away, loosened or. dissolved, and removed from any part of the earth's surface. Estuaries: Distinct, semi-enclosed bodies of water along a coast, open to the sea and subject to the rise and fall of the tide, displaying a mixture of sea water diluted by freshwater from inland drainage. Examples include Lumahai on Kauai and Waimanu on Hawaii. Natural and Man-Made Historic and Prehistoric Resources: Prehistoric resources are archaeological remains dating prior to the arrival of Captain Cook in 1778 and include large or impressive remains (e.g., temples, burial areas, fishponds), artifacts (e.g., adzes, fishhooks, tooth pendants associated with specific time periods), and the spatial pattern of structures and artifacts (e.g., pattern of villages and other settlements); Historic resources are sites/structures which illustrate the cultural changes that have occurred in Hawaii since Captain Cook's arrival - e.g., buildings displaying eastern or western architectural styles adapted to Hawaii's climate or culture, districts comprised of structures which collectively, have significant historic, cultural, architectural or environmental importance, or sites associated with historic events. Objectives: Expressions of actions which satisfy program goals and can be used to measure the effectiveness of the management program. Policies: Action-oriented statements that guide general management procedures to achieving program objectives. Public Access: Right-of-way across privately-owned or otherwise restricted property which enables the public to reach, pass through or use a specific public coastal area or resource. Reef Flats: Shallow platforms of reef rock, rubble and sand extending from the shoreline. Smaller, younger flats project out as semi-circular aprons while older, larger flats form - wide continuous platforms. Examples include Puako, Hawaii and Kaneohe Bay, Oahu. Sand Dune: A low hill or bank of drifted sand. High quality examples include Kaena Point on Oahu and Waiehu Point on Maui. Shoreline: The upper reaches of the wash of the waves, other that storm and 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. Storm Waves: Wind driven waves that cause flooding of coastal areas. 63 Subsidence: A downward movement of ground surface caused by a collapse of subsurface. Often triggered by earthquakes, subsidence occurs primarily on the Island of Hawaii. Tsunami: Commonly called "tidal waves", these large waves may be generated by earthquakes, subsidence, landslides or volcanic eruptions occurring undersea or in coastal areas. Able to travel great distances across the Pacific Ocean, tsunamis can cause damage and destruction in low-lying areas along Hawaii's coasts. Valuable Coastal Ecosystem: Ecosystems along the coast which are unique, particularly scenic (e.g., marshes, streams, beaches, reef areas) or which serve some especially useful function (e.g., tidal areas where fish breed, marsh areas where silt from runoff may settle and prevent destruction of offshore reefs, littoral cells which are the source of sand for beaches). Wetlands: Shallow, sea-level ponds, pools or marshes with perennial, tidal or seasonal water of variable salinity and whose surface connection to the ocean is absent or rare. Heeia Meadows on the Island of Oahu is one example. 64 REFERENCES H. Mogi Planning & Research, Inc. 1975. Hawaii Coastal Zone Management Program Docwnent 2 - Inventory or Federally Controlled Land in Hawaii. State of Hawaii, Department of Business and Economic Development. 1988. State of Hawaii Databook. State of Hawaii, Department of Planning and Economic Development & U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Zone Management. 1978. Stare of Hawaii Coastal Management Program and Environmental Impact Statement. U.S. House. 1969. "Our Nation and the Sea, a. Plan for National Action." Report of the Commission on Marine Science, Engineering and Resources (The Stratton Commission). House Document No. 91-42, 91st Congress, 1st Session., Washington, DC: U.S. Government Printing Office. University of Hawaii, Department of Geography. 1983. Atlas of Hawaii - Second Edition. Hawaii: University of Hawaii Press. 65 HAWAI[ CZM PROGRAM Appendix A: HAWAII MANAGEMENT SYSTEM HAWAII MANAGEMENT SYSTEM Land Use and Environmental Authorities AGENCY FUNCTIONS ASSIGNED TO AGENCY Office of State Planning In addition to the responsibilities associated with the CZM lead agency (OSP) functions, OSP directs the State's comprehensive planning process including Strategic Planning - identifying and analyzing significant issues, problems and opportunities confronting the State and formulating strategies and alternative courses of action; Population Planning - planning for the management of the State's population size, rate of growth and distribution through research, coordination and technical assistance to state and county agencies; Intergovernmental Coordination and Cooperation - facilitating coordinated and cooperative planning and policy development and implementation activities among state agencies and between the state, county and federal governments and Capital Investment Planning - establishing guidelines and criteria for capital investment project appropriations and reviewing county general and development plans to identify statewide interests and needs. The Land Use Division is part of the Office of State Planning. The division develops and represents the State's position in all proceedings for changes to existing land use districts before the Land Use Commission. Department of Business and DBED coordinates tourism planning, houses the State Energy Office and Economic Development Ocean Resources Branch and develops technology assessment programs in (DBED) areas such as aquaculture, alternative energy sources, ocean industries and mineral mining. The Land Use Commission is a 'quasi-judicial' body administratively assigned to the Department of Business and Economic DevelopmenLt. The Commission designates all land in the State into one of four land use classifications: urban; rural: agricultural or conservation. The Hawaii Community Development Authority (HCDA), placed within the DBED, was created to replan, renew or redevelop urban areas to alleviate conditions which may make them social or economic liabilities. A-I HAWAII MANAGEMENT SYSTEM AGENCY FUNCTIONS ASSIGNED TO AGENCY Department of Land and Natural DLNR is the State's principal agency for the management of state-owned Resources lands and the regulation of uses in designated conservation disticts. Under (DLNR) the direction of the Board of Land and Natural Resources, the department manages and administers state parks, historic sites, forests, fish and game reserves, endangered species and all public lands. In addition to regulating uses in the conservation distict, DLNR administers the State's designated marine life conservation districts, marine and freshwater fisheries management areas, wildlife sanctuaries, and natural area reserves. DLNR also prepares the State Comprehensive Outdoor Recreation Plan (SCORP). Department of Health DOH has general charge, oversight and care of the health and lives of the (DOH) people of the Hawaii. The department is responsible for the environmental quality of the State, controlling and prohibiting air, water, noise, solid waste and any other form of pollution found in the State. Department of Transportation State transportation facilities including public highways and trails, airports (DOXT) and harbors are under the jurisdiction of the DOT. All ocean waters and navigable streams and all harbor and waterfront improvements belonging to or controlled by the State, and all vessels and shipping within the harbors, roadsteads, waters, and streams are under the care and control of the department. In addition, DOT administers the State's recreational boating program and ocean recreation management plan andis responsible for determining statewide transportation needs and creating inter and multi-island transportation, airports and coastal highways in the proximity of the shoreline. Office of Environmental Quality OEQC coordinates and directs state agencies in matters concerning Control environmental quality. Its functions include recommending programs for (OEQC) long-range implementation of environmental quality control, initiating public educational programs, reporting on environmental conditions and providing staff support for the Environmental Quality Commission. Department of Agriculture DOA carries out programs to conserve, develop and utilize the agricultural (DOA) resources of the State. It enforces laws and formulates and enforces rules and regulations to further and control the management of these resources. The department regulates activities to protect agricultural industries and natural resources against insects, diseases and pests; provides inspection and quarantine services; controls all eradication services directed against weed and insect pests; and controls the sale and use of pesticides. DOA has also established an agricultural park program to protect Hawaii's limited agricultural land resources from urban encroachment and support aquaculture projects in cooperation with the DLNR. A-2 HAWAII MANAGEMENT SYSTEM AGENCY FUNCTIONS ASSIGNED TO AGENCY Counties The counties of Hawaii, Maui, Kauai and the City and County of Honolulu are responsible for planning and zoning in urban districts (and in conservation districts if they extend into County Special Management Areas (SMAs)- discussed later), local utransportation, solid waste disposal, subdivision and grading regulation, recreation, and water supply developmenL They have additional responsibilities which include: state-rnandated county regulatory programs dealing with erosion control; urban design; beach access; and park dedication. In addition, they are also responsible for delineating the boundaries of their respective Special Management Areas (SMAs) and for ensuring all development (with some minor exceptions) axe consistent with the Hawaii CZM Program as well a administering and enforcing the shoreline setback law. A-3 HAWAR CZM PROGRAM iAppendix B: CZM OBJECTIVES & POLICIES HAWAII COASTAL ZONE MANAGEMENT PROGRAM Objectives & Policies Recreational Resources Objective: Provide coastal recreational opporwtunities accessible to the public. Policies. (A) Improve coordination and funding of coastal recreation planning and management; and (B) Provide adequate, accessible and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring replacement of coastal resources having significant recreational value, including but not limited to surfing sites and sandy beaches, when such resources will be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Encouraging expanded public recreational use of county, state and federally owned or controlled shoreline lands and waters having recreational value; (vi) Adopting water quality standards and regulating point and non-point sources of pollution to protect and where feasible, restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land us commissions, board of land and natural resources, county planning commissions, and crediting such dedication against the requirements of section 46-6. Objectives & Policies 2. Historic Resources Objective: Protect, preserve and where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are signficant in Hawaiian and American history and culture. Policies: (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation and display of historic resources. 3. Scenic and Open Space. Resources Objective: Protect, preserve and where desirable, restore or improve the quality of coastal scenic and open space resources. Policies: (A) Identify valued scenic resources in the coastal zone management area; (B) Insure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve, maintain and where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments which are not coastal dependent to locate in inland areas. 4. Coastal Ecosystems Objective: Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. Policies: (A) Improve the technical basis for natural resource management; (B) Preserve valuable coastal ecosystems of significant biological or economic importance; (C) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and (D) Promote water quantity and quality planning and management practices which reflect the tolerance of fresh water and marine ecosystems and prohibit land and water uses which violate state water quality standards. B-2 Objectives & Policies 5. Economic Uses Objective: Provide public or private facilities and improvements important to the State's economy in suitable locations. Policies: (A) Concentrate in appropriate areas the location of coastal dependent development necessary to the State's economy; (B) Insure that coastal dependent development such as harbors and ports, visitor industry facilities and energy generating facilities are located, designed and constructed to minimize adverse social, visual and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent development to areas presently designated and used for such development and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) Utilization of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) Important to the State's economy. 6. Coastal Hazards Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. Policies: (A) Develop and communicate adequate information on storm wave, tsunami, flood, erosion and subsidence hazard;, (B) Control development in areas subject to storm wave, tsunami, flood, erosion and subsidence hazard; (C) Ensure that developments comply with requirements of the Federal Flood Insurance Programs; and (D) Prevent coastal flooding from inland projects. 7. Managing Development Objective: Improve the development review process, communication, and public participation in the management of coastal resources and hazards. Policies: (A) Effectively utilize and implement existing law to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of application for development permits and resolve overlapping or conflicting permit requirements; and (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life-cycle and in terms understandable to the general public to facilitate public participation in the planning review process. B-3 HAWAI[N CZM PROGRAM FEDERAL LICENSES & PERMITS Appendix C: SUBJECT To FEDERAL CONSISTENCY FEDERAL LICENSES & PERMITS SUBJECT TO FEDERAL CONSISTENCY CERTIFICATION Department of Defense - U.S. Army Corps of Engineers: * Permits and licenses required under Sections 9, 10 and 11 of the Rivers and Harbors Act of 1899 * Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 * Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments Environmental Protection Agency: * Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amendments * Permits and licenses required under the Clean Air Act of 1970 as amended Department of Transportation - U.S. Coast Guard: * Permnits and licenses for construction of bridges under 33 USC 401,491-507 and 523-534 - Permits and licenses for deepwater ports under the Deepwater Port Actof 1974 Department of Transportation - Federal Aviation Administration: * Permits and licenses for construction and operation of airports Department of Agriculture: * Permits and licenses for use and occupancy of lands for hotels, resorts, summer homes, stores and facilities for industrial, commercial, educational or public uses on National Forestry Service lands under 16 USC 497 Department of Commerce - National Marine Fisheries Service: * Permits and licenses required within Marine Sanctuaries under 16 USC 1401-1444 * Permits nd licenses required under the Marine Mammal Protection Act of 1972 * Permits, licenses and approvals issued pursuant to the Fishery Conservation and Management Act of 1976 C-1 FEDERAL LICENSES & PERMITS Department of Interior - Minerals Management Service: * Permits and licenses required for drilling and mining on Outer Continental Shelf Lands * Permits and approvals of exploration and operating plans pertaining to the extraction of leasable minerals * Permits, licenses and approvals relating to viable coral communities pursuant to 43 CFR 6224 Department of Energy - Federal Energy Regulatory Commission: * Licenses required for non-federal hydroelectric projects and associated transmission lines under Section 4(e) of the Federal Power Act (16 USC 797(e)) * Certificates required for the construction and operation of natural gas pipeline facilities, defined to include both interstate pipeline and terminal facilities under Section 7(c) of the Natural Gas Act (15 USC 717 (c)) * The permission and approval required for the abandonment of natural gas pipeline facilities under Section 7(b) of the Natural Gas Act (15 USC 717f(b)) Department of Energy - Economic Regulatory Administration: * Opinion and order for permission for delivery of imported liquified natural gas Nuclear Regulatory Commission: * Permits and licenses for construction and operation of nuclear facilities Federal actions outside the coastal zone but requiring a federal consistency determination: - Federal actions in forest reserves which disturb land and water resources - Federal actions in the archipelagic waters of the Hawaiian Islands which involve the placement of any material in or on such areas, or which involve the taking or removal of any material from such aeas In an effort to minimize the administrative burdens on governmental entities as well as the applicant, this listing is intentionally limited to thosefederally-permitted and licensed activities that could affect the State's coastal zone. However. {f issuance of other federal permits or licenses are found to affect Hawaii's coastal zone, those permits and licenses will be added to the above list and the consistency requirements will be applied. C-2 HAWAII CZM PROGRAM FEDERAL ASSISTANCE PROGRAMS is Appendix D: SUBJECT To FEDERAL CONSISTENCY FEDERAL FINANCIAL ASSISTANCE PROGRAMS SUBJECT TO FEDERAL CONSISTENCY CERTIFICATION 1. Grants for Planning & Management COMMERCE 11302 Economic Development - Support for Planning Organizations DEFENSE 12.600 Community Economic Adjustment INTERIOR 15.904 Historic Preservation Fund Grants-in-Aid 15.916 Outdoor Recreation - Acquisition, Development and Planning TRANSPORTATION 20.205 Highway Planning and Construction 20.505 Urban Mass Transportation Technical Studies Grant ENVIRONMENTAL PROTECTION AGENCY 66.001 Air Pollution Control Program Support 66.419 Water Pollution Control State and Interstate Program Support 66.504 Solid Waste Disposal Research =* Areawide Treatment Planning and Water Quality Implementation Plans (Sec. 208) HOUSING AND URBAN DEVELOPMENT 83505 State Disaster Preparedness Grants 2. Grants for State, Local and Private Development AGRICULTURE 10.406 Rural Development Act of 1972 - Farm Operating Loans 10.414 Resource Conservation and Development Loans 10.418 Water and Waste Disposal Systems for Rural Communities 10.419 & 10.904 Watershed Protection and Flood Prevention (Exception: small projects costing less than $7,500 for erosion and sediment control and land stabilization and for rehabilitation and consolidation of existing irrigation systems. 10.908 Rural Development Act of 1972 - Resources Inventory D-1 FEDERAL FINANCIAL ASSISTANCE PROGRAMS COMMERCE 11.300 Economic Development - Grants for Public Works and Development Facilities 11.304 Economic Development - Public Works Impact Projects 11.407 NOAA Commercial Fisheries Research and Development 11.420 National Estuarine Reserve Research System DEFENSE 12.101 Beach Erosion Control 12.102 Emergency Rehabilitation of Flood Control Works & Federally Authorized CoastalProtection Works 12.105 Protection of Essential Highways, Highway Bridge Approaches and Public Works 12.106 Flood Control Projects 12.107 Navigation Projects 12.108 Shagging and Clearing for Flood Control 12.109 Protection, Clearing and Straightening Channels HOUSING AND URBAN DEVELOPMENT 14.852 Public and Indian Housing - Comprehensive Improvement Assistance Program INTERIOR 15.501 Distribution System Loans 15.503 Small Reclamation Projects 15.600 Anadromous Fish Conservation 15.602 Conservation Law Enforcement Training Assistance 15.603 Farm Fish Pond Management 15.604 Fishery Research - Information 15.605 Fish Restoration 15.608 Fishery Resources Technical Assistance 15.610 Wildlife Research Information 15.611 Wildlife Restoration 15.904 Historic Preservation Fund Grants-in-Aid 15.916 Outdoor Recreation - Acquisition, Development and Planning D-2 FEDERAL FINANCIAL ASSISTANCE PROGRAMS TRANSPORTATION 20.205 Highway Research, Planning and Construction 20.214 Highway Beautification - Control of Outdoor Advertising and Control of Junkyards 20.500 Urban Mass Transportation Capital Improvement Grants 20.801 Development and Promotion of Ports and Intermodal Transportation 20.808 Capital Construction Fund TREASURY 21.300 State and Local Government Fiscal Assistance - Revenue Sharing ENVIRONMENTAL PROTECTION AGENCY 66.001 Air Pollution Control Program Support 66.418 Construction Grants for Wastewater Treatmunent Works 66.419 Water Pollution Control State and Interstate Program Support 66.504 Solid Waste Disposal Research 66.505 Wastewater Pollution Control - Research, Development and Demonstration 66.600 Environmental Protection Consolidated Grants - Program Support ** Programs Under the Federal Water Pollution Control Act Amendments of 1972 including: 66.418 Construction Grants for Wastewater Treatment Works; 66.419 Water Pollution Control State and Interstate Program Support; 66.423 Water Quality control Information System - Orientation/Training Seminars, Data and Monitoring Publications; 66.438 Construction Management Assistance; 66.454 Water Quality Management Planning; 66.456 Comprehensive Estuarine Management; 66.500 Environmental Protection - Consolidated Research; 66.505 Wastewater Pollution Control - Research, Development and Demonstration; 66.600 Environmental Protection Consolidated Grants - Program Support; and 66.603 Loan Guarantees for Construction of Treatment Works. EMERGENCY MANAGEMENT ADMINISTRATION 83.516 Disaster Assistance D-3 FEDERAL FINANCIAL ASSISTANCE PROGRAMS 3. Operational, Service and Research Grants AGRICULTURE 10.902 & 10.905 Soil and Water Conservation - Plant Materials for Conservation 10.903 Soil Survey 10.906 Soil and Water Conservation - River Basin Surveys and Investigations 10.907 Soil and Water Conservation - Snow Survey and Water Supply Forecasing COMMERCE 11.303 Economic Development - Technical Assistance 11.417 Sea Grant Support 11.400B Geodetic Surveys and Services DEFENSE 12.100 Corps Aquatic Plant Control 12.104 Flood Plain Management Services INTERIOR 15.805 Assistance to State Water Resources Research Institutes 15.808 Geological Survey - Research and Data Acquisition NATIONAL SCIENCE FOUNDATION 47.041 Engineering Grants D4 0 IHTAWATRR PROGRAM Appendix IR: FEDERALLY-EXCLUDED LANDS A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA U.S. ARMY Schoficld Barracks Wahiawa, Oahu Training & tlousing 882.430 71.800 12,747.580 387.300 14.089.110 Fort Shafter Kalihi, Oahu Support Facilities & Industrial 36.370 551.200 3.160 590.730 Fort Ruger Honolulu, Oahu Support Facilities 7.910 0.050 7.960 Alimanu Military Reserve Alimanu, Oahu Storage 524.180 13.970 538.150 Kipapa Ammunition Storage Kipapa, Oahu Ammunition Storage 370.220 31.320 401.540 Sites Waiakakalaua Ammunition Waikakalaua, Oahu " 175.770 136.610 0.050 312.430 Helemano Radio Receiving Helemano, Oahu " " 281.410 0.780 282. 190 Station Makua Military Reservation South of Kaena Pt. Training 170.000 1,515.120 3;236.000 4,921.120 Fort Kamehameha Military Entrance to Pearl Housing, Golf Course, Airport 506.310 2.030 508.340 Reservation Harbor Facility Kahuku Training Area Kahuku, Oahu Training 25.240 9,422.430 17.960 9,465.630 Kawailoa Training Area Kawailoa, Oahu " 23,347.550 23,347.550 Mauna Kapu Communication Mauna Kapu, Oahu Communications Facility 16.260 16.260 Station Site Dillingham Military Reservation NE of Kaena Point Recreation Beach 549.870 77.700 36.330 663.900 Kawaihae Military Reservation Kawaihae Bay, Underwater LST Landing Ramp 3.530 7.280 10.810 Hawaii U.S. Army Tripler General Moanalua, Oahu Hospital Housing 358.290 8.920 367.210 I lospital Waianae Kai Military Pokai Bay, Recreation Center 1.120 12.370 0.970 14.460 Reservation Waianae, Oahu Kiliica Military Reservnation Ilawaii Recreation 0.500 67.180 4.000 71.680 Pohakuloa Training Area Hawaii Training 24,024.440 84,815.260 6.000 108,845.700 U.S. Army Reservation Center Hilo, Hawaii Training 3.700 0.030 3.730 A NATURE OF LEGAL RIGHT (acrcs) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA ARMY - cont. Fort DcRussy Military Waikiki, Oahu Recrcation 69.740 1.470 1.580 72.790 Reservation U.S. Army Reservation Center Wailuku, Maui Training 4.590 0.180 4.770 Kapalama Military Reservation Honolulu Habor, Port Facilities 65.770 17.811 2.340 85.921 Oahu Signal Cable Trunking Systcm S$atcwidc Telephone Thinking Systcm 121.000 0.270 79.610 200.880 Army Airfield, Wheeler Air Wheeler, Oahu Airfield 690.840 690.840 Force Base U.S. Field Station Kunia, Oahu Field Station' 33.920 61.810 95.730 Mokuleia Army Beach Mokulcia, Oahu Recreation 14.000 14.000 Pupukea - Pualaa-Uka Military l'upukca, Oahu Road Road 158.750 158.75( NAS Barbers Point Barbers Point, - -- 11.000 11.000 Oahu NAVSTA Pearl Harbor Pearl Harbor, - 6.580 6.580 Oahu Haleiwa Air Strip Halciwa, Oahu Air Strip 29.580 29.580 Keaukaha Military Reservation Keaukaha, Hawaii Military Reservation 9.000 9.000 Molokai Training Lands Molokai Training 6,307.000 6,307.000 (USMC) Tank Trail Hawaii Tank Trail 34.000 34.00( A NATURE OF LEGAL RIGHT (acres) G E I N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA U.S. ARMY & AIR FORCE EXCHANGE SERVICE Offices Kewalo Basin, Office 2.500 2.500 Oahu U.S. ARMY CORPS OF ENGINEERS Honokohau Harbor Project Kona, Hawaii Maintenance & Access 1.020 1.020 Kawaihac Harbor Facility Kawaihae, Hawaii ""20.660 0.500 21.160 Kahului Harbor Breakwater Kahului, Maui " 1.320 4.840 6.160 Project Haleiwa Small Boat Harbor Haleiwa, Oahu ""0.900 0.900 Hilo Harbor Breakwater Project Hilo, Hawaii ""7.700 7.700 Kalaupapa Harbor Project Kalaupapa, " " 0.060 0.060 Molokai Mancle Harbor B3rcakwalecr Manele, Lanai ""0.710 0.710 Project Port Allen Storage and Port Allen, Kauai . . 0.420 2.700 3.120 Brcakwatcr Pnrojcct U.S. COAST GUARD Barbers Point Air Station Ewa Beach, Oahu Air Slation 47.970 47.970 Barbers Point Light Station Ewa Beach, Oahu Light Installation 5.000 5.000 Base Honolulu Sand Island, Oahu Industrial Base 48.600 48.600 Cape Kumukahi Light Station East Coast Light Installation 58.100 58.100 Omega Station Kaneohe, Oahu Navigation Station 167.220 502.150 28.800 698.170 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL. Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA COAST GUARD - cont. Diamond Head Light South Coast, Oahu Light House Facility 2.200 2.200 Honamanioa Light Southeast Coast, Light Installation 2.000 2.000 Oahu Hanapepe Bay Breakwater South Kauai 0.177 0.177 Light Hannapcpc Light Soutlh Kauni 10.800 10.800 Hawca Light West Coast, Maui 10.000 10.000 Hilo Housing Pahoe, Hawaii 1.000 1.000 Ililo Moorings Ililo inh y. Illwnaii Deking Facililics o.01 I 01)11 iHonokohau Small Boat Harbor Kona Coast, Hawaii Light Installation 0.580 0.580 Honolulu Harbor Entrance Light Honolulu Harbor, 0.004 Oahu Ka Lac Light South Point, Hawaii 4.900 4.900 Kamalo Point Southeast Coast, 1.000 1.000 Molokai Kaena Point Light Southwest Coast, 1.000 1.000 Oahu Kahala Point Light East Coast, Kauai 4.500 4.500 Kahoolawe Southwest Point Southwest Coast, 23.300 23.300 Light Kahoolawe Kahului Entrance Light Kahului, Maui Kahului IlHarbor Entrance Kahului, Maui 0.200 0.200 Range Front Light A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE rFE.E LEASE CEDED MENT AREA COAST GUARD - cont. Kahului Harbor Entrahce Kahului, Maui Light Installation 0.200 0.200 Range Rear Light Kahului Mooring Kahului, Maui Docking Facilities Kailua Light Kona, Hawaii Light Installation 2.100 2.100 Kalihi Channel Range Front Kalihi, Oahu " Light Kaneohe Passage Range Kaneohe Bay, " " 0.049 0.049 Front Light Onhu Kauai Housing Lihue, Kauai Housing 1.100 1.100 Kauai Loran Station Koloa, Kauai Loran Station 8.300 8.300 Kauhola Point Light North Coast, Hawaii Light Installation 3.400 3.400 Kauiki Head Light East Coast, Maui " "1.000 1.000 Kaunalapau Breakwater Light Lanai " "2.300 2.300 Kaumalapau Light Lanai " "2.300 2.300 Kaunakakai Harbor Entrance South Coast, " " 3.600 3.600 Range Front Light Molokai Kaunakakai Harbor Entrance South Coast, " " 0.200 0.200 Range Rear Light Molokai Kawaihae Light West Coast, " " 2.500 2.500 Hawaii Keahole Point Light West Coast, Hawaii " 4.200 4.200 Keauhou Bay Entrance Light Kona Coast, Hawaii " Kewalo Basin Entrance Range South Coast, Oahu " Light A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA COAST GUARD - cont. Kilauca Point Light North Coast, Kauai Light Installation 31.000 31.000 Kokole Light West Coast, Kauai 5.600 5.600 Kuhio Bay Range Front Light Hilo Bay, Hawaii . " 0.014 0.014 Kuhio Bay Range Rear Light Hilo Bay, Hawaii . " 0.100 0.100 Kulii Point Light Nawiliwili, Kauai . " 0.040 0.040 Kukuihacle Light NE Coast, Hawaii " " 0.400 0.400 Laau Point Light West Coast, " 51.000 51.000 Molokai Lahaina Light Lahaina, Maui 0.100 0.100 Laupahochoc Point Light North Coast, 1.400 1.400 Hawaii Maalaea Moorings Southwest Coast, Wharf Office Building 0.166 0.166 Maui Mahukona Light North Coast, Light Installation 3.000 3.000 Hawaii Makapuu Light Station East Coast, Oahu "." 24.700 9.800 34.500 Maui Housing Kahului, Maui Housing 1.030 1.030 McGregor Point Light South Coast, Maui Light Installation 1.300 1.300 Milolii Point South Coast, Hawaii . " 1.190 1.190 Molokai Light Station North Coast, 22.)00 22.900 (Kalaupapa) Molokai Nakalcle Point Light Northwest Coast, " " 4.000 4.000 Maui Nawiliwili Jetty Light Nawiliwili, Kauai " A NATURE OF LEGAL RIGHT (acres) E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA COAST GUARD - cont. Napoopoo Light Cooke Landing, Light Installation 2.900 2.900 Hawaii Nawiliwili Light Attendant Nawiliwili, Kauai . " 3.200 3.200 Station Nawiliwili Moorings Nawiliwili, Kauai Dock Facility 0.397 0.397 Pauwela Point Light Station North Coast, Maui Light Installation 8.100 8.100 Pearl Harbor Loch Entrance Pearl Harbor, Oahu . " 1.870 1.870 Range Front Light Pepeekeo Point Light Northeast Coast, " " 1.300 1.300 Hawaii Pier 4 Oahu Docking Facility 0.700 0.700 Pohaukuloa Point Light Lanai Light Installation 0.600 0.600 Pokai Bay Breakwatcr Light Southwest Coast, Oahu Pyramid Rock Light Kaneohe Bay, Oahu . " 0.057 0.057 Red Hill Housing Aica, Oahu Housing & Playground 81.400 3.440 84.840 From Navy Sand Island Light Sand Island Oahu Light Installation Upolu Loran Station Northwest Coast, Loran Station 68.900 68.900 Hawaii Waiakca Light Hilo Bay, Hawaii Light Installation 0.100 0.100 Wailupe Quarters Wailupe Pennin- lousing 3.200 3.200 sula, Oahu Communication Station Wahiawa, Oahu Communication Station Permit unknown from Navy A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA COAST GUARD - cont. Lehua Rock Light Lchua Rock, Kauai Light Installation 277.000 277.000 French Frigate Shoals Tern Island Loran Station From unknown Loran Station D.O.I. Kurc Loran Station Kure Island . " unknown Molokini Island Light Molokini Island, Light Installation 18.500 18.500 Maui Makahuena Light South Coast, Kauai . " 5.000 5.000 Palaoa Light Lanai 5.400 5.400 Paukaa Light Hlilo, Hawaii . " 0.020 0.020 Voice of America Road Maili, Oahu Potential Radio Station 89.300 89.300 Ct:.onut Point Light South llilo, Ilawaii Light Instlliation Mount Kaala Communications Kaala AFB Station, Communication Facility < 0.001 < 0.001 Facility Oahu From AF Pearl Harbor Navigational Aids Pearl Harbor, Oahu Aids to Navigation NAD, Oahu, Building 40 Waipio Point, Storage of Hay Permit unknown Oahu Manana Storage Area Pearl City, Oahu Appliance & Furniture Storage Permit unknown Building 4 from Navy Waialua Bay Front Range Light Kawailoa, Waialua, Aids to Navigation 0.009 0.009 Oahu Waialua Bay Rear Range Light Haleiwa, Oahu ' " unknown Mauna Kapu Communications Oahu Communications Site 0.004 0.004 Site from Army A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA COAST GUARD - cont. Kokee Communications Site Kokee, Kauai Communications Site Permit from AF Nohili Point Navigational Aid Kekaha, Kauai Aids to Navigation 0.014 0.014 Kaakaukukui Flagpole Antenna Kaakaukukui, Oahu 0.031 0.031 Site Pearl Harbor Light Hickam AFB Permit from AF tionokohau Harbor Light Kona, Hawaii . Permit Mount Haleakala Hana, Maui Microwave Link Installation 0.007 0.007 from FAA Lahaina Range Front Lahaina, Maui Light Installation 0.002 0.002 FEDERAL AVIATION ADMIN Air Route Traffic Control Diamond Head, Air Navigational 5.200 5.200 Center (ARTCC) Oahu Remote Microwave Link Diamond Head, " 3.400 3.400 Terminal (RMLT) Oahu Intl Flight Service Transmitter Ewa, Oahu . 230.900 230.900 Station (IFST) Rcmote Communications Waimanalo, Oahu 8.600 8.600 Outlet (RCO) Very High Frequency Omni- Koko Head, Oahu " 4.100 4.100 Directional Range w/Tactical Air Navigation (VORTAC) Air Traffic Control Tower Honolulu Interna- " 5.200 5.200 (ATCT) tional Airport (HIA) A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA FAA - cont. VORTAC HIA Air Navigational 0.500 0.500 Medium-Intensity Approach HIA . " 13.400 13.400 Lighting System w/Runway Alignment Indicator Lights (MALSR) MALSR HIA " ! 16.400 16.400 Airport Surveillance Radar HIA . 0.600 0.600 (ASR) Visual Approach Slope HIA ". 0.100 0.100 Indicator (VASI) VASI HIA . " 0.500 0.500 VASI HIA . " 0.200 0.200 VASI HIA . 0.300 0.300 VASI HIA . " 0.400 0.400 VASI HIA . " 0.100 0.100 Instrument Landing System HIA . " 13.600 13.600 (ILS) Localizer-Type Directional HIA 5.000 5.000 Aid (LDA) Iow Level Wind Shcar Alert HliA 0.100 0.100 System (LLWAS) LLWAS HIA . " 0.700 0.700 ILS HIA . " 6.500 6.500 Runway-End Indentification HIA 0.400 0.400 Lights (REIL) A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MIENT AREA FAA - cont. REIL HIA Air Navigational 0.400 0.400 Air Route Surveillance Radar Mt. Kaala. Oahu 53.600 53.600 (ARSR) ARSR Mt. Kaala, Oahu ."4.500 4.500 ARSR Mt. Kaala, Oahu 0.200 0.200 ARTCC Diamond Head, 0.100 0.1(0 Oahu RCO Waimanalo. Oahu 0.900 0.9(0 Remote Transmitter/Receiver Mauna Kapu, Oahu 0.100 0.100 (RTR) RTR Mauna Kapu, Oahu 0.100 0.100 RTR Mauna Kapu, Oahut " , 0.100 0.100 RTR Mauna Kapu, Oahu 2.500 2.500 MALSR FortKamnOahu 1.400 1.400 RTR Hickarn Air Force "0.300 0.300 Blase, Oahu ASR HIA 0.400 0.400 ASR Hickamn Air Force 0.100 0.100 Base. Oahu Middle Marker (MM)/Approach H-IA 7.700 7.700 Lighting System (ALS)/Glide Slope (GS)/VASIILLWAS ALS -IlA 0.100 0.100 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA FAA . cont. Compass Locator at Outer Barbers Point, Oahu Air Navigational 0.200 0.200 Marker (LOM) ARSR Mt. Kaala, Oahu 64.100 64.100 ARSR Mt. Kaala, Oahu " " 6.500 6.500 ARSR Mt. Kaala, Oahu " " 2.900 2.900 Utility Building (UB) Hickam Air Force " " 2.800 2.800 Base, Oahu Civil Aviation Security Field HIA 0.100 0.100 Office (CASFO) VORTAC Hilo, Hawaii . " 4.700 4.700 VORTAC Kohala, Hawaii . 4.900 4.900 RTR Hilo, Hawaii . " 0.700 0.700 ASR Hilo, Hawaii ". 1.900 1.900 ASR Hilo, Hawaii 1.500 1.500 ATCT Hilo, Hawaii . 2.000 2.000 VASI llilo, llawaii " 0.500 0.500 VASI Hilo, Hawaii . " 0.500 0,500 VASI Hilo, Hawaii . " 0.300 0.300 ILS Localizer (LOC) Hilo, Hawaii . . 7.100 7.100 MALSR Hilo, Hawaii . " 23.100 23.100 Omnidirectional Airport Hilo, Hawaii 1.200 1.200 Lighting System (ODALS) A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA FAA - cont. Remote Center Air/Ground Hamakua, Hawaii Air Navigational 0.400 0.400 Communications Facility (RCAG) ATCT Kona, Hawaii " 0.100 0.100 RTR Kona, Hawaii 0.600 0.600 VASI Kona, Hawaii " " 0.100 0.100 VORTAC Kona, Hawaii ". " 109.400 109.400 LOC Kona, Hawaii 0.000 10.000 Very High Frequency Omni- Kamuela, Hawaii " " 0.100 0.100 directional Range (VOR) VOR Kamuela, Hawaii " " 0.400 0.400 VORTAC Kohala, Hawaii . 7.300 7.300 VASI Kamuela, Hawaii " " 0.500 0.500 REIL Kamucla, Hawaii " " 0.100 0.100 Air Traffic Control Beacon Pahoa, Hawaii . 181.100 181.100 Interrogator (ATCBI) Very High Fequency Kilauaea, Hawaii " " 0.200 0.200 Modulated Antenna (VHF-FM) MM Hilo, Hawaii 0.400 0.400 MALSR Kona, Hawaii " " 6.000 6.000 RCO KMC, Hawaii " 0.900 0.900 RTR Kauai, Hawaii .. .. 1.600 1.600 VASI Kauai, Ilawaii . " 0.600 0.600 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND U)SE FEE LEASE CEDED MENT AREA FAA - cont. VORTAC Kauai, Hawaii Air Navigational 0.200 0.200 Combined Station/Tower Kauai, Hawaii . " 0.200 0.200 (CST) ILS Kauai, Hawaii . " 2.500 2.500 MALSR Kauai, Hawaii . " 24.500 24.500 VORTAC Kauai, Hawaii . " 103.900 103.900 VORTAC Kauai, Hawaii " 6.800 6.800 RCAG Kauai, Hawaii " " 0.100 0.100 RCAG Maui, Hawaii " " 4.200 4.200 RTR Maui, Hawaii "." 1.600 1.600 VOR Maui, Hawaii . " 0.100 0.100 RTR Maui, Hawaii " .. 0.500 0.500 RTR Maui, Hawaii . ' 0.300 0.300 MM Maui, Hawaii . 0.200 0.200 ILS Maui, Hawaii . " 43.100 43.100 ATCT Mauli, Hawaii . " 2.500 2.500 CST Maui, Hawaii " " 0.100 0.100 VASI Maui, Hawaii . . 0.200 0.200 VASI Maui, Hawaii . " 0.200 0.200 Homer (H) Maui, Hawaii . " 1.500 1.500 ASR Maui, Hawaii " 127.200 127.200 ATCBI Maui, Hawaii . " 6.200 6.200 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA FAA -cont. ATCT Maui, Hawaii Air Navigational 0.100 0.100 RTR Maui, Hawaii . " 4.700 4.700 ATCT Molokai, Hawaii " 0.500 0.500 Headquarters Field Office Molokai, Hawaii " " 0.200 0.200 (HDQF) VORTAC Molokai, Hawaii " " 0.300 0.300 Living Quarters (LIVQ) Molokai, Hawaii " " 0.200 0.200 DF Molokai, lHawaii " " 0.300 0.300 VORTAC Lanai, Hawaii " 3.500 3.500 VASI Lanai, Hawaii 0.500 0.500 NOB Lanai, Hawaii " 5.700 5.700 U.S. FISH & WILDLIFE SERVICE nlawaiinn Islands Nalinnal 800 mile chain National Wildlife Refuge Wildlife Refuge (NWR) west of lHawaiian Islands to Midway Hanalei NWR Hanalci, Kauai " 917.766 917.766 Huleia NWR Lihue, Kauai . 239.000 239.000 Kakahaia NWR Kaunakakai, " " 42.000 42.000 Molokai Kilauea Point NWR Kilauea, Kauai 170.000 170.000 A NATURE OF LEGAL RIGI IT (acrcs) E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA GENERAL SERVICES ADMIN GSA Motor Pool & Parking Fort Armstrong, Parking unknown Facility Honolulu. U.S. Post Office, Courthouse Hilo. Hawaii Office & Parking 1.500 1.500 & Customhouse Prince Jonah Kuhio Honolulu, Oahu Office & Parking 8.070 8.070 Kahminnnolc Fcdlcrl nuilding & U.S. Courthouse U.S. Customs Warehouse Kuhio Wharf Warehouse 0.800 0.800 Hilo, Hawaii JUSTICE DEPARTMENT Immigration & Naturalization Ala Moana, Oahu Administration 3.100 3.100 Service District Office U.S. MARINES Camp H. M. Smith Halawa, Oahu Administration 220.000 220.000 Puuloa Training Facility Ewa Beach, Oahu Training 128.000 128.000 Manana Housing (U.S.M.C.) Pearl City, Oahu Housing 62.000 62.000 M.C.A.S. Kaneohe Kaneohe Bay, Oahu Air Station 2,017.000 669.000 2,686.000 Molokai Training Support Adjacent to Training Support 14.000 14.000 Facility Molokai Airport Pearl City Storage Pearl City, Oahu Storage 27.000 27.000 Waikane Valley Impact Area Waikane Valley, (Held, pending clearance of 187.000 Oahu ordinance) A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME , LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA NATL AERONAUTIC & SPACE ADMIN Tracking Station Kokee State Park, Spaceflight Tracking & Data 22.900 22.900 Kauai Network Station NATL OCEANIC & ATMOSPHERIC ADMIN* Honolulu Observatory Ewa, Oahu Pacific Tsunami Warning Center 175.000 175.000 Geophysics Honolulu Biological Laboratory Honolulu, Oahu Main Laboratory unknown NATL MARINE FISHERIES SERVICE Offices & Laboratories Kewalo Basin, Oahu Experiment Station & Offices 1.200 1.200 Offices Dole Street, Main Laboratory 2.200 2.200 Adjacent to UH NATL PARK SERVICE Hawaii Volcanoes National Hawaii Preservation & Recreation 217,298.000 217,298.000 Park Puuhonua o Honaunau National Honaunau, Hawaii Preservation & Recreation 181.000 181.000 Historic Park Haleakala National Park Maui Preservation & Recreation 27,456.000 27,456.000 Puukohola Heiau National Kawaihae, Hawaii Preservation & Recreation 61.000 61.000 Historic Site Kaloko-Honokohau National Hawaii Preservation & Recreation 381.000 381.000 Park A NATURE OF LEGAL RIGIIT (acrcs) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA NPS - cont. Kalaupapa National Historic Molokai Public Health, Preservation & 7,306.000 (7,284 acres: cooperative agreement) 7,306.000 Park Recreation NATIONAL WEATHIER SERVICE Weather Service Forecast Honolulu Airport Weather Observation 0.200 0.200 Office, Hickam Air Force Base Weather Service Office Hilo Airport " 0.100 0.100 Lyman Field Hilo, Hawaii Weather Service Office Lihue, Kauai . " 5.400 5.400 Lihue Airport Pacific Tsunami Warning Ewa Beach, Oahu Tsunami Forecasts and Warnings 175.000 175.000 Center U.S. NAVY NSC Ewa Drum Storage Adjacent to Middle Fuel Storage 44.000 44.000 Loch Pearl Harbor, Oahu Makalapa Crater Facilities Makalapa, Oahu Housing & Administration (+/-) 288.00 (+/-) 288.00 Red Hill Storage Area Red Hill, Oahu Fuel Storage 236.000 236.000 Pearl City Peninsula Facilities Middle Loch, Pearl Housing Fuel Storage, Sanitary (+/-) 523.00 27.000 (+/-) 550.000 Harbor, Oahu Landfill, Agriculture Naval Air Station, Barbers Barbers Point, Oahu Air Station Support Station 3,738.000 131.000 3,869.000 Point Manana Housing Pearl City, Oahu Housing 35.000 35.000 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA NAVY. cont. Opana Communication Site Kahuku, Oahu Communications 5.000 5.000 10.000 Moanalua Aiea Housing Pearl Harbor, Oahu Housing & Support Service (+/-) 920.00 (+/-) 920.00 McGrew Point Housing East Loch, Pearl Housing 49.000 49.000 Harbor, Oahu Water Supply, Waiawa Waiawa, Oahu Water Source 75.000 75.000 Halawa Area Halawa, Oahu Administration Laundry,' 45.000 45.000 Housing Naval Magazine, Lualualei Lualualei, Oahu Ammunition Storage 4,205.000 3,130.000 7,335.000 Naval Magazine, Waikele Waikele, Oahu Ammunition Storage 520.000 2.000 522.000 Branch AFC Facility, Mauna Kapu Mauna Kapu, Oahu Communications 0.500 1.500 2.000 Foracs m Sites Nanakuli, Oahu Navigational Aides 0.400 0.400 Naval Magazine, West Loch West Loch, Pearl Ammunition Storage and 2,682.000 1.000 18.000 2,701.000 Branch Harbor, Oahu Safety Blast Zone Waipio Peninsula Facilities Separates Middle Safety Blast Zone, Agriculture 1,392.000 20.000 1,412.000 & West Lochs, Pearl Harbor, Oahu Naval Communication Station Wahiawa, Oahu Communications 652.000 652.000 Wahiawa Naval Comnlunications Station Lualualci, Oahu " 1,718.000 1,71R.000 Naval Station, Submarine Base, Pearl llarbor, Onhu Ship Berthing & Repairing (+/-) 762.00 (+/-) 762.00 Shipyard Supply Center Warehousing & Support Facility Bishop Point Pearl Harbor, Oahu Industrial 12.000 12.000 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME , LOCATION EXISTING LAND USE FEE LEASE CEDEI) MENT AREA NAVY - cont. Ford Island Ford Island, Pearl Ship Berthing & Support 453.000 453.000 Harbor, Oahu Facility Richardson Center Pearl Harbor, Oahu Recreation 35.000 11.000 46.000 Manana Storage Area Pearl City, Oahu Storage 134.000 134.000 Public Works Center. Pearl Pearl Harbor, Oahu Light Industrial 71.000 71.000 Harbor Water Storage, Halawa Halawa, Oahu Water Tanks 9.000 9.000 Tri-Service Sewage Trcatment Pearl Harbor, Oahu Sewage Plant 7.000 7.000 Plant Puuloa & Iroquois Point Housing Pearl Harbor, Oahu Housing 446.000 446.000 Red Hill Housing Red Hill, Oahu " 7.000 7.000 Pacific Missile Range Facility, Barking Sands, Missile Testing & Support 116.000 1,925.000 10.000 2,051.000 Kauai PFcililics Pacific Missile Range Facility Barking Sands, Ammunition Storage 74.000 74.000 Ammunition Storage Kauai Kaula Rock Island Kaula Island SW Training (+/-) 108.00 (+/-) 108.00 of Niihau Kahoolawe Island Kahoolawe Island " 28,777.000 28.777.000 Barbers Point Water Supply Barbers Point, Oahu Water Well 10.000 4.000 14.000 Ohana Nui Between Hickam Community Services (+/-) 46.00 (+/-) ,16.00 AFB Nimitz Hwy. Camp Stover Housing Wheeler AFB Housing 35.000 35.000 Utility Corridor Pearl Harbor Utilities 127.000 127.000 A NATURE OF LEGAL RIGHT (acres) G EI N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA NAVY - cont. Ccinclary PlIots Nutinnu, Oa1hu "kirial plols 0.100 0.1(0 Makaha Ridge Facility Makaha Ridge. Remote Radar 207.000 37.000 244.000 Kauai Inactive Ship Maintenance Upper Waipio, Oahu Mainitenance Facility 2.000 2.000 Facility U.S. POSTAL SERVICE Aica Post Office Aica. Oahu Office & Yard 0.130 0.130 Anahola Post Office Anahola, Kauai 0.090 0.090 Captain Cook Post Office Captain Cook, 0.630 0.630 Hawaii Eleele Post Office Eleele, Kauai Office 0.040 0.040 Ewa Beach Post Office Ewa Beach, Oahu Office & Yard 0.160 0.160 (Ewa Station) Ewa Beach Post Office Ewa Beach, Oahu 1.620 1.620 Haiku Post Office Haiku, Maui 0.080 0.080 Hakalau Post Office Hakalau, Hawaii Office & Yard 0.050 0.050 Haleiwa Post Office Haleiwa, Oahu 0.100 0.100 Hana Post Office, Hana, Maui 0.030 0.030 Hanalei Post Office H -analei. Kauai 0.210 0.210 Hanapepe Post Office Hanapcpe Kauai 0.140 0.140 H-auula Post Office Hauula, Oahu Office 0.030 0.030 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA I'OSTAI SERVICE- co*nt. Hawaii National Park Post Hawaii Office 0.005 0.005 Officc Hawi Post Office I lawi, llawaii " 0.010 0.010 Hilo Post Office Hilo, Hawaii Office & Yard 4.650 4.650 (Airport) Hilo Downtown Station . " 0.180 Holualoa Post Office Holualoa, Hawaii Office 0.020 0.020 Honaunau Post Office Honaunau, Hawaii Office & Yard 0.750 0.750 Honokaa Post Office Honokaa, Hawaii . " 0.680 0.680 Honokaa Post Office Honokaa, Hawaii Office 0.005 0.005 (Kukuihacla Branch) Honomu Post Office Honomu, Hawaii " 0.010 0.010 lioolchua Post Office Iloolchua, Molokai Office & Yard 1.000 1.000 Kaawa Post Office Kaawa, Oahu . 0.100 0.100 Kahuku Post Office Kahuku, Oahu Office 0.100 0.100 Kahului Post Office Kahului, Maui Office & Yard 0.910 0.910 Kahului Post Office Kahului, Maui Yard 5.100 5.100 (Airport) Kailua Post Office Kailuan, Oahu Office & Yard 1.250 1.250 Kailua-Kona Post Office Kailua, Hawaii . " 1.560 1.560 Kailua-Kona Post Office Kailua, Hawai (Airport) Yard 3.000 3.000 Kalahco Post Office Kalahco, Kauni Office & Yard 0.320 0.320 A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA POSTAL SERVICE - cont. Kalaupapa Post Office Kalaupapa, Molokai Office 0.020 0.020 Kamuela Post Office Kamuela, Hawaii Office & Yard 0.620 0.620 Kancohe Post Office Kaneohc, Oahu . 1.370 1.370 Kapaa Post Office Kapaa, Kauai . 0.800 0.800 Kapaau Post Office Kapaau, Hawaii . 0.410 0.410 Kaumakani Post Office Kaumakani, Kauai " " 0.020 0.020 Kaunakakai Post Office Kaunakakai, 0.670 0.670 Molokai Kcanu Post Office Kcaau, Hawaii " 0.390 0.390 Kcalakckua Post Office Kealakekua Hawaii " " 0.100 0.100 Kcalia Post Office Kealia, Hawaii Office 0.010 0.010 Kekaha Post Office Kekaha, Kauai Otficc & Yard 0.550 0.550 Kihei Kehei, Maui " 0.710 0.710 Kilauca Post Office Kilauea, Kauai " " 0.060 0.060 Koloa Post Office Koloa, Kauai " . " 0.620 0.620 Kualapuu Post Office Kualapuu, Molokai Office 0.010 0.010 Kula Post Office Kula, Maui Office & Yard 0.990 0.990 Kunia Post Office Kunia, Oahu Office 0.006 0.006 Kurtistown Post Office Kurtistown, Hawaii Office & Yard 0.460 0.460 Lahaina Post Office Lahaina, Maui ". 0.280 0.280 Lahaina Downtown Station Lahaina, Maui " 0.290 0.290 Laie Post Office Laie, Oahu . " 0.130 0.130 A NATURE OF LEGAL RIGHT (acrcs) G E N ACCESS C EASE- TOTAL Y FACILITY NAME I LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA POSTAL SERVICE - cont. Lanai City Post Office Lanai City, Lanai Office 0.030 0.030 Laupahoehoe Post Office Laupahoehoe, Hawaii Office & Yard 0.230 0.230 Lawai Post Office Lawai, Kauai ". 0.420 0.420 Lihue Post Office Lihue, Kauai (Airport) Yard 5.500 5.500 Lihue Post Office Lihue, Kauai Office & Yard 0.460 0.460 Lihuc Post Office Lihuc, Kauai Yard 0.050 0.050 Lihue Post Office Lihue, Kauai Office 0.006 0.006 Makawao Post Office Makawao, Maui Office & Yard 1.820 1.820 Makawao Post Office Makawao, Maui Office 0.030 0.030 Makaweli Post Office Makaweli, Kauai " 0.020 0.020 Maunaloa Post Office Maunaloa, Molokai " 0.006 0.006 Mountainview Post Office Mountainview, Office & Yard 0.150 0.150 Hawaii Naalchu Post Office Naalehu, Hawaii . 0.090 0.090 Ookala Post Office Ookala, Hawaii Office 0.003 0.003 Paauhau Post Office Paauhau, Hawaii Office 0.005 0.005 Paauilo Post Office Paauilo, Hawaii Office & Yard 0.110 0.110 Pahala Post Office Pahala, Hawaii . " 0.090 0.090 Pahoa Post Office Pahoa, Hawaii . " 0.260 0.260 Paia Post Office Paia, Maui " 0.140 0.140 Papaaloa Post Office Papaaloa. Hawaii Office 0.014 0.014 � Is� A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA POSTAL SERVICE - cont. Papaikou Post Office- Papaikou, Hawaii Office & Yard 0.160 0.160 Pearl City Post Office Pearl City, Oahu . " 3.000 3.000 Pcpcekco Post Office Pepeckco, Hawaii ". 0.180 0.180 Puunene Post Office Puunenc, Maui . " 0.050 0.050 Volcano Post Office Volcano Area, " " 0.540 0.540 Hawaii Wahiawa Post Office Wahiawa, Oahu " ". 0.790 0.790 Waialua Post Office Waialua, Oahu " " 0.440 0.440 Waianae Post Office Waianac, Oahu " " 1.900 1.900 Waianae Post Office Waianae, Oahu . .. 0.140 0.140 Wailuku Post Office Wailuku, Maui ". 0.490 0.490 Wailuku Post Office Wailuku, Maui Yard 3.300 3.300 Waimanalo Post Office Waimanalo, Oahu Office & Yard 0.280 0.280 Waimea Post Office Waimea, Kauai " . " 0.030 0.030 Waipahu Post Office Waipahu, Oahu . " 0.370 0.370 Waipahu Post Office Waipahu, Oahu Yard 4.500 4.500 Vehicle Maintenance Facility Honolulu, Oahu Office 2.500 2.500 Waikiki Station Honolulu, Oahu Office & Yard 1.600 1.600 llonolulu Main Office Honolulu, Oahu " 25.650 25.650 (Airport) 28.600 28.600 Ford Island Station Ford Island, Oahu Office 0.070 0.070 Fort Shafter Station Fort Shafter, Oahu Office & Yard 0.150 0.150 A . NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME ' LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA POSTAL SERVICE - cont. Hickam AFB Station Oahu Office & Yard 0.120 0,120 Submarine Base Pearl Harbor, Oahu Office 0.050 0.050 Tripler Army Hospital Oahu " 0.070 0.070 Courthouse & Customhouse Oahu Office & Yard 2.600 2.600 Downtown Station Honolulu, Oahu Yard 0.880 0.880 Aina Haina Station Honolulu, Oahu Office & Yard 0.030 0.030 Kaimuki Station Honolulu, Oahu . 1. 0.050 0.050 Navy Cantonmcnt lonolhlul, Onh Office 0.030 0.030 Hawaii Kai Station Honolulu, Oahu Office & Yard 2.300 2.300 Mnkiki Station llonolulu, Oahu . " 2.820 2.820 Waialac-Kahala Station Ilonolulu, Oallu Office & Yard .930 (0.93( Ala Moana Station Honolulu, Oahu Office 0.090 0.090 Moiliili Station Honolulu, Oahu Office & Yard 0.900 0.900 Kapalama Station Honolulu, Oahu . 1.920 1.920 Chinatown Station Hlonolulu, Oahu 0.050 0.050 Naval Air Station Ewa Beach, Oahu " " 0.620 0.620 Navy Terminal Honolulu, Oahu Office 0.290 0.290 Navy Terminal Station Honolulu, Oahu " 0.010 0.010 Navy Terminal Honolulu, Oahu 0.021 0.021 Navy Communication Station Wahiawa, Oahu 0.016 0.016 Schofield Barracks Station Wahiawa, Oahu Office & Yard 0.160 0.160 Wheeler AFB Station Wahiawa, Oahu Office 0.030 0.030 HAWAEIF PROGRA M Appnd~ix IF- LAWS & STATUTESI FEDERAL PUBLIC LAW PUBLIC LAW 92-583 PUBLIC LAW 99-272 Coastal Zone Management Act of 1972 Coastl Zone Management Reauthorization Act of 1985 PUBLIC LAW 94-370 Coastal Zone Management Act Amendments of 1976 HAWAII REVISED STATUTES TITLE 1: GENERAL PROVISIONS TITLE 12: CONSERVATION & RESOURCES - Public Ch. 6E: Historic Preservation Lands TITLE 5: STATE FINANCIAL 171: Public Lands, Management & ADMINISTRATION Disposition of 173A: Acquisition of Resource Value 37: Budget Lands TITLE 6: COUNTY ORGANIZATION Land Development; Flood & ADMINISTRATION Control 46: General Provisions 174: Water & Land Development 57: Urban & Regional Design 174C: State Water Code 176: Water Resources TITLE 8: PUBLIC PROCEEDINGS & 176D: Protection of Instream Use of RECORDS Water 179: Flood Control & Flood Water 91: Administrative Procedures Conservation 92: Public Agency Meetings & Records 179D: Damns & Resevoirs 180: Soil & Water Conservation TITLE 9: PUBLIC PROPERTY, Districts PURCHASING & 180C: Soil Erosion & Sediment Control CONTRACTING Forestry & Wildlife 101: Eminent Domain Recreation Areas; Fire 115: Public Access to Coastal & Inland Protection Recreational Areas 183: Forest Reservations, Water TITLE 11: AGRICULTURE & Development, Zoning ANIMALS 183D: Wildlife 184: State Parks & Recreation Areas 149A: Hawaii Pesticides Law F-i HAWAII REVISED STATUTES TITLE 12: CONSERVATION & TITLE 15: TRANSPORTATION & RESOURCES - Aquatic UTILITIES Resources & Wildlife 266: Harbors 187A: Aquatic Resources 267-3: Boating Law - Definitions 188: Fishing Rights & Regulations 267-4: Boating Law - Rules & 189: Commercial Fishing Regulations 190: Marine Life Conservation Program 267-13: Boating Law - Disposition of 190D: Ocean & Submerged Lands Leasing Revenues 279A: Statewide Transponrtation Planning General & Miscellaneous Programs TITLE 19: HEALTH 195: Natural Area Reserve System 321: Department of Health 195D: Conservation of Aquatic Life, 341: Environmental Quality Control Wildlife & Land Plants 342A: Air Pollution 196: Energy Resources 342D: Water Pollution 196D: Geothermal & Cable System 342F: Noise Pollution Development 342H: Solid Waste Pollution 3421: Hazardous Waste Enforcement 342L: Underground Storage Tanks 342N: Used Oil Tansport, Recyicling 199-3: Conservation & Resources and Disposal Enforcement Program; Conserva- 343: Environmental Impact Statement tion Resources Enforcement 344: State Environmental Policy Officers, Duties TITLE 13: PLANNING & ECONOMIC DEVELOPMENT 201: Department of Business & Economic Development 205: Land Use Commission 205A: Coastal Zone Management 206E: Hawaii Community Development Authority 225M: Office of State Planning F-2 FEDERAL LANDHOLDINGS A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA U.S,. AIR FORCE* Hickam Administration Annex Adjacent to Hono- Business Office 3.400 3.400 lulu International Airport Hickam Air Force Base Pearl Harbor, Oahu Runway Facility 2,354.270 1.210 2,355.480 (shared with State) Wheeler Air Force Base Wahiawa, Oahu Aviation, Support Facility, 0.240 1,369.060 1,369.300 Housing & Training Bellows Air Force Station North of Recreation Communication 36.230 1,456.950 1,493.180 Waimanalo Town Hickam Petrol. Annex Kipapa Gulch, Oahu Petroleum Storage 58.160 0.560 34.360 93.080 Kaala Air Force Station Mount Kaala Peak, Radar Site 1.800 1.800 Oahu Kaena Point Satellite Kaena Point, Oahu Satellite Tracking Station 138.300 138.300 Tracking Station Kaukonahua Storage Annex Adjacent to East Storage 22.530 22.530 Range, Wahiawa, Oahu Makua Sub-Cable Site Makua, Oahu Communication 1.300 1.300 Palehua Solar Observation Palehua, Oahu Solar Observation 4.230 4.230 & Research Site Punamano Air Force Station Kahuku, Oahu Communication 1.760 10.080 11.840 Kokcc Air Force Station Kokee, Kauai Radar Site 10.090 10.090 South Point Air Force Station Southernmost Point Celestial Tracking Facilities 21.300 21.300 on Hawaii *1989 updated information not available information adapledfrom "State of lawaii Coastal Management Program & Draft Environmental Impact Statement," 1978. 0 0 HAWA-1]I (CZM PROGRAM Appendlim G:- RULES & REGULATIONS Is A NATURE OF LEGAL RIGHT (acres) G E N ACCESS C EASE- TOTAL Y FACILITY NAME LOCATION EXISTING LAND USE FEE LEASE CEDED MENT AREA SOIL CONSERVATION SERVICE Hawaii Plant Material Hoolehua, Molokai Developmcnt & Testing of 81.200 81.200 Plants for Conservation Uses VETERANS ADMIN National Memorial Cemetary Honolulu, Oahu Cemetary 112.000 112.000 of tlec Ptcific CODE OF FEDERAL REGULATIONS 15 CFR Part 923 15 CFR Part 930 Coastal Zone Management Program Federal Consistency With Approved Development & Approval Regulations Coastal Management Programs HAWAII ADMINISTRATIVE RULES TITLE 11: DEPARTMENT OF HEALTH TITLE 13: DEPARTMENT OF LAND & NATURAL RESOURCES 6: Recreational Trailer Camps 54: Water Quality Standards 121: Hunting of Wildlife on Public Lands 55: Water Pollution Control & Other Lands 62: Wastewater Systems 122: Game Bird Hunting, Field Trips, & Commercial Shooting Preserves 123: Game & Mammal Hunting TITLE 13: DEPARTMENT OF LAND 125: Rules Regulating Wildlife Sanctuaries & NATURAL RESOURCES 145: Rules of the Hawaii State Park System 2: Conservation Districts 167: Rules of Practice & Procedure for the 28: Hanauma Bay Marine Life Conservation Commission on Water Resources District (MLCD) Management 29: Kealakekua Bay MLCD 30: Manele-Hulopoe MLCD - - -Interim Instream Flow Standards for 31: Molokini Shoal MLCD Kauai, East Maui, Molokai & Hawaii 46: Leeward (Northwestern) Hawaiian 185: Rules of Practice & Procedure for Islands Geothermal & Cable System 47: Hilo Harbor, Wailoa River & Wailuku Development Permitting River, Hawaii 197: Hawaii Historic Places Review Board 61: Nuuanu Freshwater Fish Refuge, Oahu Rules of Practice & Procedure 62: Wahiawa Public Fishing Area, Oahu 198: Rules Governing the Hawaii & 63: Waiakea Public Fishing Area, Hawaii National Registers of Historic Places 64: Kokee Public Fishing Area, Kauai Programs 71: License Requirements for Possession & 209: Rules Regulating Activities Within Sale of Certain Imported Fish & Products Natural Area Reserves 72: License Requirements for Certain Baitfishes 222: Shoreline Certifications 83: Shellfishes TITLE 15: DEPARTMENT OF 84: Samoan Crab PLANNING & ECONOMIC 85: Clam DEVELOPMENT 86: Octopus 87: Ulua, Papio & Omilu 15: Land Use Commission Rules 88: Moi, Moi-Lii & Oama 89: Spiny Lobster or Ula & Slipper Lobster or Ula Papapa 90: Nuhu for Family Consumption 99: Introduced Freshwater Fishes COUNTY ADMINISTRATIVE RULES CITY & COUNTY OF HONOLULU COUNTY OF KAUAI RO 22: Subdivision Rules & Regulations CH 8: Comprehensive Zoning Public Access Requirements CH 9: Subdivision Park Dedication CH 22: Grading, Grubbing, Stockpiling RO 23: Grading, Soil Erosion & Sediment & Soil Erosion & Sedimentation Control RO 6-11: Central Coordinating Agency Shoreline Setback Rules & Regulations Shoreline Setback Rules & Regulations Special Management Area Rules & Regulations RO 33: Special Management Area COUNTY OF MAUI COUNTY OF HAWAII CH 18: Subdivision CH 10: Erosion & Sedimentation.Control CH 20: Soil Erosion & Sediment Control CH 23: Subdivision Code ORD 885: Central Coordinating Agency ORD 301: Parks & Playgrounds CIL. 2: Cenual Coordinating Agency ART II: Shoreline Setback Rules & Hawaii County General Plan Regulations R&R 8: Rules & Regulations Relating to ART III: Special Management Area Rules Shoreline Setback & Regulations R&R 9: Special Management Area G-2