Special Management Area Guidance & Resources

HRS 205A Coastal Zone Managment (official online view)
https://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0205A/HRS_0205A-.htm

PDF versions (downloadable):
•DBET source – http://files.hawaii.gov/dbedt/op/czm/program/doc/ch205A_%202011.pdf

•DLNR source – https://dlnr.hawaii.gov/occl/files/2013/07/205a.pdf

•JUSTIA US Law source – https://law.justia.com/codes/hawaii/2011/division1/title13/chapter205a/

Office of Planning Coastal Zone Management

https://planning.hawaii.gov/czm/czm-program/

WHAT IS THE CZM PROGRAM?

Coastal Zone Management (CZM) is a concept also known by other terms. Comprehensive resource management, integrated resource management, ecosystem management, and place based management are a few. It is about looking at an ecosystem as an interrelated whole rather than at the individual species, resources, or uses. In a system, everything interrelates. Nothing is mutually exclusive, or independent. CZM is also about balancing the needs of economic development and conservation of resources in a sustainable manner.

The Federal CZM Program was created through passage of the CZM Act of 1972. Since approval of Hawaii’s program in 1977 (Chapter 205A, Hawaii Revised Statutes), remarkable results have been achieved. This unique federal-state partnership provides a proven basis for protecting, restoring and responsibly developing the nation’s important and diverse coastal communities and resources.

Hawaii ‘s CZM Program was enacted to provide a common focus for state and county actions dealing with land and water uses and activities. As the State’s resource management policy umbrella, it is the guiding perspective for the design and implementation of allowable land and water uses and activities throughout the state. In finding that the state was overregulated and undermanaged, and that laws, ordinances, and rules dealing with coastal resources needed a more effective and coordinated focus, the Legislature also observed that the various regulatory mechanisms were too functional and often duplicative or in conflict with each other. So, it made a purpose of CZM to encourage agencies to look at resources in a different way. Agencies must now look at resources from a broader ecosystem perspective, instead of the individual species or resources. In addition, rather than duplicating or usurping the authorities and responsibilities of the state and county agencies, the CZM law builds upon them, forming a team or network. To effectuate this network concept, Chapter 205A requires legal and operational compliance with CZM objectives and policies. Within the scopes of their authorities, all agencies must assure their statutes, ordinances, rules, and actions comply with the CZM objectives and policies. In this way, a network of state and county agencies bound by the statute helps carry out CZM’s multi-functional purposes and requirements.

The CZM area encompasses the entire state. Because there is no point of land more than 30 miles from the ocean, a definite land-sea connection exists throughout the state. So, designating the entire state as the CZM area was logical. What occurs on land, even on the mountains, will impact and influence the quality of the coastal waters and marine resources. The CZM area also extends seaward to the limit of the State’s police power and management authority, to include the territorial sea. This legal seaward boundary definition is consistent with Hawaii ‘s historic claims over the Hawaiian archipelagic waters based on ancient transportation routes and submerged lands.

WHAT DOES THE CZM PROGRAM DO

Unlike single-purpose programs, the Hawaii CZM Program focuses its work on the complex resource management problems of coastal areas in the part of the State that is under the highest stress. Within a framework of cooperation among federal, state, and local levels, the Hawaii CZM Program employs a wide variety of regulatory and non-regulatory techniques to address coastal issues and uphold environmental law. Among them are stewardship, planning, permitting, education and outreach, technical assistance to local governments and permit applicants, policy development and implementation, and identification of emerging issues and exploration of solutions.

Office of Planning SMA permits
https://planning.hawaii.gov/czm/special-management-area-permits/

The Office of Planning (OP) administers Hawai‘i Revised Statutes (HRS) Chapter 205A, the Coastal Zone Management (CZM) law.  The purpose of HRS Chapter 205A is to “provide for the effective management, beneficial use, protection, and development of the Coastal Zone.”  L. 1977, c188 §1.  Special Management Area (SMA) permitting system is part of the CZM Program approved by Federal and State agencies.

Click Here to view an informational video on SMA Permits 

PURPOSE OF THE SMA PERMIT

The SMA permit was established in 1975 with the enactment of Act 176, known as the Shoreline Protection Act. The legislature in enacting Part II of HRS Chapter 205A found that:

. . . special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. 

The legislature further found and declared that it is state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawai‘i. Pursuant to HRS § 205A-5, all state and county agencies shall enforce the CZM objectives and policies defined in HRS § 205A-2.

The SMA permit regulates permissible land uses that are already allowed by land use policies including zoning designations, county general plans, and community development plans.

The SMA permit is a management tool to assure that uses, activities, or operations on land or in or under water within an SMA are designed and carried out in compliance with the CZM objectives and policies, and SMA guidelines.

COUNTY AUTHORITY

When CZM, first became law in 1975, the legislature established the SMA regulatory function at the county level. The county authorities administer SMA permits and shoreline setback provisions. The authorities in the respective counties are as follows:

• City and County of Honolulu: Honolulu City Council
  • County of Hawai‘i: Windward or Leeward Planning Commissions
  • County of Maui: Maui, Moloka‘i, or Lana‘i Planning Commissions
  • County of Kaua‘i: Kaua‘i Planning Commission

Oahu SMA Permits 808-768-8014

**Participants Guide to the SMA Permit

http://files.hawaii.gov/dbedt/op/czm/program/sma/participant_guide_to_the_sma.pdf

Errata Sheet to the Participant’s Guide | Errata sheet contains edits to graphics on page 3 of the Guide.

https://planning.hawaii.gov/wp-content/uploads/2013/03/participant_guide_to_the_sma-page3.pdf

COMMUNITY DEVELOPMENT DISTRICTS

Pursuant to HRS § 206E-8.5, all requests for developments within a special management area and shoreline setback variances for developments within a community development district, for which a community development plan has been developed and approved in accordance with HRS § 206E-5, shall be submitted to and reviewed by the OP.

Kaka‘ako within urban Honolulu, and Kalaeloa at Barbers Point, Oahu, are two designated community development districts. The Hawai‘i Community Development Authority (HCDA ) has planning and zoning jurisdiction over these two community development districts.

No development is allowed in the SMA of Kaka‘ako and Kalaeloa unless the OP first issues an SMA use approval. “Development” is defined in HRS § 205A-22, as amended.

Following SMA use application form and information are for proposed developments within the SMA districts of Kaka‘ako or Kalaeloa:

• SMA Use Application Form
• SMA Application Instructions
• Hawaii Administrative Rules Chapter 15-150 – Rules for Governing SMAs and Shoreline Areas within Community Development Districts

CZM CONTACT

Detailed information regarding filing requirements and instructions for proposals within Kaka‘ako and Kalaeloa are available. Contact Shichao Li at 808-587-2841 or shichao.li@hawaii.gov for more information.

Office of Planning CZM initiatives

https://planning.hawaii.gov/czm/initiatives/

Probabilistic Tsunami Design Zone Maps for O’ahu

Shoreline Public Access

Cumulative & Secondary Impact (CSI): Stormwater Impact Assessment

NERRS Site Proposal Process

Adapting to Climate Change

Coastal Hazards

Coastal Nonpoint Source Pollution Control

Coastal and Estuarine Lands Conservation Plan 

Community-Based Resource Management (CBRM)

Hawaiian Traditional and Customary Gathering Rights Project

Low Impact Development

Rural Policy & Best Practices Project

Hawai`i Ocean Resources Management Plan
http://files.hawaii.gov/dbedt/op/czm/ormp/working_group/ORMP%20Information%20Sharing%20Sessions%20Outcomes.pdf

Hawai`i Ocean Resources Management Plan
http://files.hawaii.gov/dbedt/op/czm/ormp/outreach/ormp_2013_factsheet.pdf

FEDERAL CONSISTENCY

The national Coastal Zone Management Act (CZMA), Section 307, requires federal agency activities and development projects affecting any coastal use or resource to be undertaken in a manner consistent to the maximum extent practicable with the state’s CZM program. Also, activities requiring a federal permit or license, and activities conducted with federal financial assistance, that affect coastal uses and resources (see below: Hawaii List of Federal Permits and Financial Assistance) must be conducted in a manner consistent with the state’s CZM program. The CZMA federal consistency provision ensures that federal agencies cannot act without regard for, or in conflict with, state policies that have been officially incorporated into a state’s CZM program. Federal actions affecting any coastal use or resource must be reviewed by the state CZM program to ensure that proposed activities are consistent with state enforceable policies. The federal consistency procedures and requirements are established in the Code of Federal Regulations, 15 CFR 930.

• NOAA Federal Consistency Overview and Resources
• Hawaii List of Federal Permits and Financial Assistance

FEDERAL CONSISTENCY FORMS

Important instructions and required information for completing an application for CZM federal consistency review, and the federal consistency application and assessment forms, are available below. The forms are fillable on Adobe Acrobat. Please complete the forms, then print, sign, and submit them to the Hawaii CZM Program along with the required information. If you prefer, print the forms first and complete them manually. For assistance, see the contact information below.

• Federal Consistency Application Instructions
• Federal Consistency Application Form
• Federal Consistency Assessment Form

 Marine and Coastal Zone Advocacy Council (MACZAC)

https://planning.hawaii.gov/czm/maczac/

HRS Chapter 205A-3.5 provides that the Office of Planning must maintain a public advisory body to assist it in working toward the implementation of an integrated and comprehensive management system for marine and coastal zone resources, consistent with the objectives and policies of the Hawaii Coastal Zone Management Act.

MACZAC is comprised of twelve advisory members recruited from the islands of Kauai, Oahu, Maui, Molokai, Lanai, and Hawaii.  MACZAC members have diverse backgrounds in business, environment, native Hawaiian practices, terrestrial and marine commerce, recreation, research, and tourism.

MACZAC’s mission statement is: “Advocate for a comprehensive management system which restores, preserves and protects Hawaii’s marine and coastal environment.”

Revised ordinances of Honolulu (ROH)

Chapter 25    Special management area
https://www.honolulu.gov/rep/site/ocs/roh/ROH_Chapter_25_article_1_12.pdf