9. Structures and Activities within the Shoreline Area
Certain shoreline structures have been shown to have an impact on coastal processes. Although pre-consultation and cooperation with governmental agencies results in more effective, proactive management and planning, certain recommendations on shoreline development must be formalized through adoption of rule changes.
Minor Structures
Concrete sidewalks, in-ground swimming pools, and other beach-use facilities historically have been permitted within the shoreline setback area as "minor structures". Some of these existing structures are threatened by coastal erosion or hinder the normal coastal processes (Figure 22).
Figure 22. Hyatt Regency swimming pool threatened by coastal erosion, Ka'anapali, Maui. Also refer to Figure 15.
The shoreline setback rules should be amended to regulate these type of permanent and immovable structures within the shoreline area by limiting minor structures to those that are portable, expendable, or under a certain dollar value (see Figure 19). If the structure is threatened by coastal erosion or has an adverse effect on shoreline processes, the structure should be conditionally relocated or removed.
Permit processing on the County level for sand nourishment projects that would stabilize and enhance the shoreline area should be expedited to the extent possible. Sand is dynamic; it comes and goes naturally, depending on the tides, wind, seasons, and wave action. Furthermore, nourishment may have a beneficial impact to surrounding properties and often will increase the recreational value of a particular beach. By streamlining this environmentally sensitive method of erosion control, the construction of illegal shoreline hardening structures may be deterred. Guidelines, however, must be created to regulate sand compatibility with the existing beach and sand cleanliness to minimize adverse impacts on water quality and marine resources.
Major Structures
Major structures include buildings and extensions, patios and paved areas, and parking lots. Although these are usually restricted from the shoreline setback area, the criteria for granting a shoreline setback variance is currently very broad. For example, shoreline hardening structures have been historically permitted in the setback area for coastal erosion control.
Unfortunately, shoreline hardening along coasts undergoing long-term coastal erosion has led to widespread beach loss on Maui. The county is very concerned about possible environmental impacts of coastal armoring and other major structures, especially with regard to beach processes. The Planning Department critically reviews each proposed shoreline setback variance and discourages the use of permanent coastal armoring structures along sandy shorelines. A proposed major structure in the setback area should be justified only after a thorough analysis of: 1) practicable alternatives, 2) reasonable use of land, 3) desire to protect private property and structures, 4) shoreline erosion rates, 5) impacts to the environment, and 6) loss of public benefit.
Finally, one of the major flaws in the current shoreline setback rules is that parcels must "abut the shoreline" in order to be subject to these rules. In other words, properties fronted by even a sliver of a State beach reserve may construct major structures near the makai edge of the property boundaries. This constitutes a major loophole in the current shoreline setback regulations with potentially serious consequences to both the beach environment and the property owner.
Objective
9.1) To regulate certain structures and activities within the shoreline area in a manner consistent with proactive planning recommendations
Recommendations
9.1a) Limit minor structures to those that are portable, expendable, or under a certain dollar value, and require them to be relocated or removed if shown to adversely affect shoreline processes9.1b) Expedite permit processing for sand nourishment projects, provided that guidelines are created through the Shoreline Setback Rules to minimize adverse impacts on water quality and marine resources
9.1c) Specifically define the criteria for granting a shoreline variance for major structures
9.1d) Require that shoreline setback rules apply to all lands that abut the shoreline or abut a state beach reserve
9.1e) Consider incorporating other recommendations in this plan as formal rule changes (e.g., prohibition of soil fill and sand dune grading along the shoreline)
 |
 |
 |
|
|
|
|