How to get a shoreline setback determination

Unless as otherwise provided in this Article, any structure proposed within 500 feet of the shoreline shall first obtain a shoreline setback determination from the Director in accordance with this Article.A proposed structure in the shoreline setback area or within 500 feet of the shoreline shall not be allowed by the Director unless it is consistent with this Article and HRS Chapter 205A, as amended.Procedure.A request for determination for a proposed structure within the shoreline setback area or within 500 feet of the shoreline shall be submitted to the Department on a form prescribed by the Director.For public structures whose valuation does not exceed $500,000 and repairs to lawfully existing private structures as delineated in Section 8-27.7(a), the request shall include construction and site plans, and written text addressing compliance with the criteria set forth in this Article. The Director may also require additional information, including, but not limited to a current shoreline setback determination or a current certified shoreline survey or shoreline survey stamped by a licensed surveyor, registered in the State of Hawai'i and coastal erosion information, a list of proposed plants and their growth, existing and final contours, photographs, and an environmental assessment.For public structures whose valuation exceeds five hundred thousand dollars ($500,000.00) and private structures unless delineated in Sec. 8-27.7(a), the request shall include relevant information, which shall include, but is not limited to, a current shoreline setback determination as set forth in Sec. 8-27.3 or a current certified shoreline survey and coastal erosion information, construction and site plans, existing and final contours, photographs, and a written text addressing compliance with the criteria set forth in this Article. The Director may also require a hazard assessment.Within 60 days from the day the application is deemed complete by the Director, the Director shall make a decision in accordance with the criteria set forth in this Article that the proposed structure is:Permitted under Section 8-27.7;Permitted under Section 8-27.7 and subject to conditions;Not permitted under Section 8-27.7;Outside of the shoreline setback area; orNot subject to Section 8-27.3.A list of applications for a shoreline setback determination or determination of exemption deemed complete by the Director shall be posted within 10 working days to a publicized website maintained by the Department.The Director shall notify the Commission at the Commission's next regularly scheduled meeting of the following:any shoreline setback determinations for approval of a structure proposed within the shoreline setback area or within 500 feet of the shoreline;any approvals or denials by the Director of structures and the reasons therefore, including, but not limited to, the name of the applicant, the location and purpose of the structure, and a discussion of the factors considered in making the decisions; andany decision by the Director to not require a shoreline setback determination pursuant to Section 8-27.3.All shoreline setback determinations made by the Director shall include, but are not limited to, the name of the applicant, the average lot depth calculations, the location of any proposed structures depicted on a plan drawn to scale, the purpose of the proposed structures, the current certified shoreline (if required), the setback calculations and setback line drawn on the plan, and copies of a coastal erosion study, if applicable. If the Director, pursuant to Section 8-27.3, make a determination of exemption, the Director shall state the justification in writing.The Director's decisions pursuant to Section 8-27.8(c)(4) shall not be final until posted on the Commission's agenda. Notwithstanding the posting of the decision, if there is an appeal from the Director's decision, the decision shall not be final until the Commission completes its decisionmaking on the appeal.Minor structures shall be completed within one year from the final shoreline approval or within one year from the date of approval of the last discretionary permit, whichever comes later.For any non-minor structures allowed within the shoreline setback area and any structures outside the shoreline setback area based on the shoreline setback line, substantial construction of the structure shall be achieved within three years from the date of final shoreline setback determination and approval, and construction thereof shall be completed (as evidenced by a certificate of occupancy in the case of buildings for habitation) within four years from said date.An extension of no more than one year may be granted by the Director to the deadline for substantial construction only for properties with a stable shoreline such as rocky or accreting shorelines or shorelines exhibiting no coastal erosion per shoreline change rates as provided in the Kaua'i Coastal Erosion Study. In all other cases where substantial construction has not occurred by the deadline, a new certified shoreline and setback determination shall be required.In case of failure to complete construction by the four-year deadline, the Planning Commission shall determine a remedy based on a review of the specific circumstances, including but not limited to, the stability of the shoreline, the extent of the completion and the reason for delay.These requirements for substantial construction and completion shall run with the land and shall be written in a unilateral agreement that is recorded in the Bureau of Conveyances or Land Court, as applicable, prior to application for a building permit. A copy of the recorded unilateral agreement shall be submitted to the Planning Department prior to application for a building permit.All applications for Shoreline Setback Determinations shall include a Coastal Hazard Disclosure Statement signed by the property owner.Nothing in this section shall be deemed to amend, modify or supersede any provision of the Special Management Area Rules and Regulations of the County of Kaua'i, HRS Chapter 205A, as amended, or HRS Chapter 343-5, as amended.Fees. A nonrefundable processing fee of $100 shall accompany a request for determination.