Hawaii Statewide Rule
Hawaii Shoreline Erosion and Setback Rules
Key Facts
- Standard setback
- 40+ feet shoreline
- Statute
- HRS Chapter 205A
- Authority
- DLNR and counties
- Maximum fine
- $15,000 per day
Summary
Hawaii regulates shoreline erosion through state Coastal Zone Management law. Statewide setback rules and special management area permits govern coastal construction. Counties implement but must meet state minimum standards.
§205A-43 Establishment of shoreline setbacks and duties and powers of the department. (a) Setbacks along shorelines are established of not less than forty feet inland from the shoreline. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto. (b) The powers and duties of the department shall include, but not be limited to: (1) The department shall adopt rules under chapter 91 prescribing procedures for determining the shoreline setback line; and (2) The department shall review the plans of all applicants who propose any structure, activity, or facility that would be prohibited without a variance pursuant to this part.
Full Breakdown
Under HRS Chapter 205A, Hawaii's Coastal Zone Management Act establishes statewide shoreline setbacks and Special Management Area permitting. Shoreline setbacks are typically 40 feet from the certified shoreline, with longer setbacks for larger lots and erosion-prone areas. The Department of Land and Natural Resources oversees shoreline certification and approves erosion-control structures like seawalls only under strict conditions, generally disfavoring hardening. Counties must adopt rules at least as protective as state law and process Special Management Area Use Permits for development within coastal zones.
Violations & Penalties
Unpermitted shoreline construction faces fines up to $15,000 per violation plus $15,000 per day under HRS 205A, plus mandatory restoration.
Frequently Asked Questions
How far must Hawaii buildings sit from the shoreline?
Can I build a seawall to stop erosion in Hawaii?
Sources
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