SB 2402

THE SENATE
S.B. NO.
2402
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO EMERGENCY EROSION MITIGATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.
�The legislature finds that Hawaii's
coastal communities are experiencing increasing instances of rapid shoreline
erosion that threaten existing homes, public safety, coastal access, and
essential public infrastructure. �While
Act 16, Session Laws of Hawaii 2020, strengthened the State's policy of
preserving natural shoreline processes and generally prohibiting private
shoreline hardening structures, the legislature recognizes that some
flexibility is necessary to address situations where erosion poses an imminent
threat to life, property, or public safety.
���� The
legislature further finds that chapter 205A, Hawaii Revised Statutes, currently
restricts private shoreline hardening through an express prohibition, which may
limit the ability of state and county authorities to authorize narrowly
tailored erosion control measures in emergency circumstances. �The legislature believes that amending this
framework to require the minimization, rather than the absolute prohibition, of
shoreline hardening will allow the use of carefully reviewed and appropriately
conditioned emergency measures where necessary, while preserving the State's
strong policy preference against unnecessary or excessive shoreline armoring.
���� The
legislature recognizes that an emergency land use permitting process exists
under the jurisdiction of the department of land and natural resources for
lands within the conservation district. �However,
the existing statutory framework does not establish a defined duration for
emergency permits or clarify their role as temporary measures intended to
stabilize conditions while longer-term solutions are evaluated and pursued
through applicable land use and shoreline management processes, including those
under chapter 205A, Hawaii Revised Statutes. �This lack of clarity has resulted in
uncertainty for applicants, regulators, and affected communities.
���� Accordingly,
the purpose of this Act is to:
���� (1)� Amend section 205A-2, Hawaii Revised Statutes,
to replace the absolute prohibition on private shoreline hardening with a
policy requiring the minimization of these structures, thereby allowing limited,
carefully conditioned shoreline protection measures where necessary to address
imminent erosion threats; and
���� (2)� Amend chapter 183C, Hawaii Revised Statutes,
by establishing a clear, time-limited statutory framework for emergency permits
within the conservation district, including defined standards for permit
duration and extension.
���� These
amendments are intended to provide a balanced, responsible, and clearly
regulated approach that allows emergency and, where appropriate, longer-term
shoreline protection measures, while maintaining Hawaii's long-standing
commitment to preserving natural shoreline processes and public coastal
resources.
���� SECTION
2.� Chapter 183C, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
���� "�183C-��
��Emergency
permits.� (a)�
An emergency permit issued pursuant to this chapter shall be valid for a
period of up to five years from the date of issuance. �The chairperson, or the deputy director when
acting in the chairperson's absence, may authorize one or more extensions of an
emergency permit beyond the initial approved period only upon a determination,
supported by written findings, that:
���� (1)� Emergency conditions or public safety
concerns persist notwithstanding the measures authorized under the permit; and
���� (2)� Continued authorization of the emergency
use remains necessary to prevent imminent harm while longer-term solutions
consistent with the conservation district are pursued.
���� (b)�
A permittee seeking an extension shall submit a written request no later
than ninety days prior to the expiration of the initial permit period,
including documentation demonstrating the continuing emergency condition and
the steps taken or planned to address the underlying cause of the emergency."
���� SECTION 3.� Section 205A-2, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
���� "(c)� Policies.
���� (1)� Recreational resources;
��������� (A)� Improve
coordination and funding of coastal recreational 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
restoration of coastal resources that have significant recreational and
ecosystem value, including but not limited to coral reefs, surfing sites,
fishponds, sand beaches, and coastal dunes, when these resources will be
unavoidably damaged by development; or requiring monetary compensation to the
State for recreation when restoration 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)� Ensuring public
recreational uses of county, state, and federally owned or controlled shoreline
lands and waters having recreational value consistent with public safety
standards and conservation of natural resources;
������������� (vi)� Adopting water
quality standards and regulating point and nonpoint 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, and 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 use commission, board
of land and natural resources, and county authorities; and crediting that
dedication against the requirements of section 46-6;
���� (2)� Historic
resources;
��������� (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;
��������� (A)� Identify valued
scenic resources in the coastal zone management area;
��������� (B)� Ensure that new
developments are compatible with their visual environment by designing and
locating those 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 that are not coastal dependent to locate in inland areas;
���� (4)� Coastal
ecosystems;
��������� (A)� Exercise an
overall conservation ethic, and practice stewardship in the protection, use,
and development of marine and coastal resources;
��������� (B)� Improve the
technical basis for natural resource management;
��������� (C)� Preserve
valuable coastal ecosystems of significant biological or economic importance,
including reefs, beaches, and dunes;
��������� (D)� 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
��������� (E)� Promote
water quantity and quality planning and management practices that reflect the
tolerance of fresh water and marine ecosystems and maintain and enhance water
quality through the development and implementation of point and nonpoint source
water pollution control measures;
���� (5)� Economic uses;
��������� (A)� Concentrate
coastal dependent development in appropriate areas;
��������� (B)� Ensure
that coastal dependent development and coastal related development are located,
designed, and constructed to minimize exposure to coastal hazards and adverse social,
visual, and environmental impacts in the coastal zone management area; and
��������� (C)� Direct
the location and expansion of coastal development to areas designated and used
for that development and permit reasonable long-term growth at those areas, and
permit coastal development outside of designated areas when:
�������������� (i)� Use of designated
locations is not feasible;
������������� (ii)� Adverse environmental effects and risks from coastal hazards are
minimized; and
������������ (iii)� The development is
important to the State's economy;
���� (6)� Coastal hazards;
��������� (A)� Develop and
communicate adequate information about the risks of coastal hazards;
��������� (B)� Control
development, including planning and zoning control, in areas subject to coastal
hazards;
��������� (C)� Ensure that developments comply with
requirements of the National Flood Insurance Program; and
��������� (D)� Prevent coastal flooding from inland projects;
���� (7)� Managing
development;
��������� (A)� Use, implement,
and enforce existing law effectively to the maximum extent possible in managing
present and future coastal zone development;
��������� (B)� Facilitate timely
processing of applications 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
public to facilitate public participation in the planning and review process;
���� (8)� Public
participation;
��������� (A)� Promote public
involvement in coastal zone management processes;
��������� (B)� Disseminate
information on coastal management issues by means of educational materials,
published reports, staff contact, and public workshops for persons and
organizations concerned with coastal issues, developments, and government
activities; and
��������� (C)� Organize
workshops, policy dialogues, and site-specific mediations to respond to coastal
issues and conflicts;
���� (9)� Beach protection;
��������� (A)� Locate new
structures inland from the shoreline setback to conserve open space, minimize
interference with natural shoreline processes, and minimize loss of
improvements due to erosion;
��������� (B)� [[Prohibit]] Minimize
the construction of private shoreline hardening structures, including
seawalls and revetments, at sites having sand beaches and at sites where
shoreline hardening structures interfere with existing recreational and
waterline activities;
��������� (C)� Minimize the
construction of public shoreline hardening structures, including seawalls and
revetments, at sites having sand beaches and at sites where shoreline hardening
structures interfere with existing recreational and waterline activities;
��������� (D)� Minimize grading
of and damage to coastal dunes;
��������� (E)� Prohibit
private property owners from creating a public nuisance by inducing or
cultivating the private property owner's vegetation in a beach transit
corridor; and[]
��������� (F)� Prohibit
private property owners from creating a public nuisance by allowing the private
property owner's unmaintained vegetation to interfere or encroach upon a beach
transit corridor; and
��� (10)� Marine and coastal
resources;
��������� (A)� Ensure that the
use and development of marine and coastal resources are ecologically and
environmentally sound and economically beneficial;
��������� (B)� Coordinate the
management of marine and coastal resources and activities to improve
effectiveness and efficiency;
��������� (C)� Assert and
articulate the interests of the State as a partner with federal agencies in the
sound management of ocean resources within the United States exclusive economic
zone;
��������� (D)� Promote research,
study, and understanding of ocean and coastal processes, impacts of climate
change and sea level rise, marine life, and other ocean resources to acquire
and inventory information necessary to understand how coastal development
activities relate to and impact ocean and coastal resources; and
��������� (E)� Encourage research
and development of new, innovative technologies for exploring, using, or
protecting marine and coastal resources."
���� SECTION
4.� This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
���� SECTION 5.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 6.� This Act shall take effect on January 1, 2027.
INTRODUCED BY:
_____________________________
Report Title:
Coastal
Zone Management; Erosion Mitigation; Shorelines; Permits
Description:
Replaces
the current statutory prohibition on private shoreline hardening with a policy
directing the minimization of these structures.�
Establishes a clear, time-limited statutory framework for emergency
permits within the conservation district, including defined standards for
permit duration and extension.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.