What structures are allowed in the shoreline setback area

The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in this section are prohibited without a variance.Existing conforming or legally nonconforming structures.Structure that received a shoreline variance or administrative approval prior to February 26, 2008.A structure that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing in the shoreline setback area on June 16, 1989."Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration.A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations that results in no interference with natural beach processes and is ancillary or associated with one of the following sites:A Hawaiian fish pond;A publicly owned and legal boating, maritime, or water sports recreational facility.Repairs to a lawfully existing structure, including nonconforming structures, provided that:The repairs do not enlarge, add to or expand the structure; increase the size or degree of nonconformity; or intensify the use of the structure or its impact on coastal processes;The repairs do not constitute a substantial improvement of the structure;The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law; andThe Planning Director determines that the proposal complies with the definition of "repair" under Sec. 8-1.5, Kaua'i County Code 1987, as amended.Beach nourishment or dune restoration projects approved by all applicable governmental agencies.A structure approved by the Director as a minor structure.Qualified demolition of existing structures.Unmanned civil defense facilities installed for the primary purposes of: (i) warning the public of emergencies and disasters; or (ii) measuring and/or monitoring geological, meteorological and other events.Scientific studies and surveys, including archaeological surveys.Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawai'i, the Mayor of the County of Kaua'i or any other public official authorized by law to declare an emergency.Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within 30 days following the completion of the film production.Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawai'i Revised Statutes.Repair and/or rebuilding of existing public park facilities, excluding shoreline armoring structures or improvements.The following conditions shall apply to any new structure or any substantial improvement permitted in the shoreline setback area:All new structures shall be constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kaua'i County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas.The applicant shall agree in writing that the applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua'i harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazard and coastal erosion.The applicant shall agree in writing for itself, its successors and assigns that the construction of any erosion control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than 40 feet from the shoreline.Unless otherwise provided, all new structures and/or landscaping shall not (i) adversely affect beach processes, (ii) artificially fix the shoreline, (iii) interfere with public access or public views to and along the shoreline, (iv) impede the natural processes and/or movement of the shoreline and/or sand dunes, (v) adversely impact neighboring property, or (vi) alter the grade of the shoreline setback area.All new structures shall be consistent with the purposes of this Article and HRS Chapter 205A, as amended, and shall be designed and located to minimize the alteration of natural landforms and existing public views to and along the shoreline.The requirements of this Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than 30 days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than 45 days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit.