How to Apply for a Shoreline Setback Variance

A written application for variance shall be made in a form prescribed by the Director and shall be filed with the Director. The application shall include plans, site plans, photographs, and any other plans, drawings, maps, or data determined by the Director to be necessary to evaluate the application. The application shall also include:A non-refundable administrative application fee of $300.Certification from the owner or lessee of the lot which authorizes the application for variance;An environmental assessment prepared in accordance with HRS Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawai'i;The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure and/or landscaping is to be located;A site plan of the shoreline setback area, drawn to scale, showing:Existing natural and man-made features and conditions within;Existing natural and man-made features and conditions along properties immediately adjacent to the shoreline setback area and proposed improvements;The certified shoreline and the shoreline setback line;Contours at a minimum interval of two feet unless waived by the director; andProposed development and improvements showing new conditions with a typical section (if a structure), and the proposed development's impacts to neighboring properties.A copy of the certified shoreline survey map of the property;Detailed justification of the proposed project, which addresses the purpose and intent of these rules and the criteria for approval of a variance;Analysis and report of coastal erosion rates and coastal processes; andAny other information required by the Director.Upon a determination by the Director that the application is complete and in compliance with HRS Chapter 205A, part II and this Article, the Director shall submit the application to the Commission. If the application is determined to be incomplete by the Director, the Director shall return the application to the applicant with a written description identifying the portions of the application determined to be incomplete. The Director shall submit a written report, a copy of the application, and all other documents submitted on the application to the Commission prior to the matter appearing on an agenda of the Commission.Except as otherwise provided in this section, all applications for variances shall be heard, noticed, and processed as public hearing matters. Not less than 30 calendar days before the public hearing date, the applicant for a variance shall mail notices of public hearing by certified or registered mail, postage prepaid, to all owners of real property within 300 feet of the parcel that is the subject of the application. Not less than 30 days prior to the public hearing date, the Director shall publish a notice of hearing once in a newspaper that is printed and issued at least twice weekly in the County and which is generally circulated throughout the County. The notice shall state the nature of the proposed development, the date, time, and place of the hearing, and all other matters required by law.Exceptions. Prior to action on a variance application, the Commission may waive a public hearing on the application for:Stabilization of shoreline erosion by the moving of sand entirely on public lands;Protection of a legal structure costing more than $20,000; provided that, the structure is at risk of immediate damage from shoreline erosion;Other structures or activities; provided that, no person or agency has requested a public hearing within 25 calendar days after public notice of the application. For the purposes of this section "public notice of the application" shall be publication of a notice of the application in a newspaper which is printed and issued at least twice weekly in the County of Kaua'i, which informs the public of the subject matter of the application and which identifies the date and time by which a written request for a public hearing must be received by the Commission; orMaintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime or water sports recreational facilities, which result in little or no interference with natural shoreline processes.