What You Can't Do in the Shoreline Setback Area

Pursuant to HRS 205A-44, as amended, the mining or taking of sand, dead coral or coral rubble, rocks, soils, or other beach or marine deposits from the shoreline setback area is prohibited with the following exceptions:The inadvertent taking from the shoreline setback area of the materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;Where the mining or taking is authorized by a variance pursuant to Section 205A-46 of the Hawai'i Revised Statutes;The clearing of these materials from existing drainage pipes and canals and from the mouths of streams, including clearing for the purposes under HRS Section 46-11.5; provided that, the sand removed shall be placed on adjacent areas unless such placement would result in significant turbidity;The cleaning of the shoreline setback area for state or county maintenance purposes, including the clearing of seaweed, limu, and debris under HRS Section 46-12; provided that, the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;The taking of driftwood, shells, beach glass, glass floats, or seaweed;The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to Article XII, Section 7, of the Hawai'i State Constitution; orFor the response to a public emergency or a state or local disaster.Any primary coastal dune, which lies wholly or partially in the shoreline setback area, shall not be altered, graded, or filled in any way except for the addition of sand of compatible quality and character unless the application of this section renders the build-out of allowable density unfeasible. In such case, modifications, alterations, grading, or filling may be allowed through a variance, but only for that portion of the primary dune located mauka (landward) of the shoreline setback area, and only to the extent necessary to construct on a minimum building footprint. This exception shall apply only to lots in existence prior to December 2, 2009.The following are prohibited in the shoreline setback area:Individual wastewater system or subsurface improvement unless the applicant demonstrates to the satisfaction of the Director that no feasible alternative exists, including a redesign of the improvement or structure to accommodate the system outside of the setback line, and the system or improvement complies with all statutory and Department of Health requirements.Landscaping that artificially fixes the shoreline.Shoreline hardening unless it is approved by the State of Hawai'i's Office of Conservation and Coastal Lands.Expansion of the footprint of a non-conforming structure, unless otherwise provided by law.