Rules for splitting shoreline lots into new lots

(a) Except as provided in this chapter, no new subdivision action, including the subdivision or consolidation of land, involving an existing shoreline lot and the creation of new zoning lots may be approved, unless each new lot: (1) Can accommodate a shoreline setback line established at 60 feet mauka from the certified shoreline until July 1, 2024, after which each newly created shoreline zoning lot must accommodate a shoreline setback line established at 130 feet mauka from the certified shoreline; provided that an exception may be granted to subdivision actions involving the subdivision or consolidation of land only for the purpose of creating easements or adjusting zoning lot lines that will not result in any increase in the number of permitted dwelling units, nonresidential structures, or zoning lots; and (2) Has a buildable area adequate to accommodate the proposed structures or activities, including accessory uses and structures, such as parking. Accreted lands obtained from the State pursuant to HRS § 501-33 may not be included as part of the land area when calculating the zoning lot size available for subdivision. (b) Subdivision of existing shoreline lots for the purpose of widening roadways designated on the public infrastructure maps adopted pursuant to Chapter 4, Article 8 , may be permitted upon the review and approval of the director. (c) New residential zoning lots may not be approved, unless each new lot: (1) Has a buildable area of at least 5,000 square feet; (2) Has a buildable area outside of the shoreline setback area with a minimum depth and width of at least 50 feet; (3) Is subdivided perpendicular to the shoreline to create deep lots that maximize opportunities to place structures far from the shoreline; and (4) Is not a flag lot. Editor’s note: Any application for a subdivision action submitted to the Director of Planning and Permitting and accepted as complete prior to July 1, 2024, is not affected by the determination of the shoreline setback line for subdivision actions involving an existing shoreline zoning lot and the creation of new zoning lots under § 26-1.7(a)(1) or any successor ordinance.