LIHU‘E — Amidst complaints from some community members and questions from some County Council members, the Kaua‘i Planning Department this week explained the rationale behind a bill that would amend last year’s strong shoreline setback legislation. Deputy Planning Director Imai
LIHU‘E — Amidst complaints from some community members and questions from some County Council members, the Kaua‘i Planning Department this week explained the rationale behind a bill that would amend last year’s strong shoreline setback legislation.
Deputy Planning Director Imai Aiu told the council’s Planning Committee that the bill, if passed, would streamline the permitting process by removing unnecessary procedures for landowners near the shoreline — including the county government — seeking to build certain structures near the ocean.
Aiu said there are instances where activities that would be allowed in the shoreline setback area anyway are being required to obtain a certified shoreline at considerable expense even though it is apparent to experts, like Jim O’Connell, a coastal geologist with the University of Hawai‘i’s Sea Grant Program, that the activity will not be impacted by erosion or by the ocean and is not beyond the shoreline and on state land.
Draft Bill No. 2319 would waive the requirement to certify the shoreline for some of those “minor” activities — such as lifeguard towers or an Americans with Disabilities Act-compliant wheelchair ramp.
Aiu said for any structures or activities thought to be even approaching the shoreline, Planning Director Ian Costa would retain the right to request a shoreline certification at his discretion. He said Costa retains such discretionary powers in other arenas as well.
But Council Chair Kaipo Asing, a non-voting member of the Planning Committee, said the only legal way to determine the shoreline and its required setback is to conduct a shoreline certification.
“You don’t know factually where it is. … If you don’t know, then how can you allow something?” Asing asked. “You need this line first, and it has to be factual, and the only way you can get it factual is certification.
“I’m trying to point out the fact that there are legal issues that we need to contend with. If we are taken to court, as an example, we lose. Period,” Asing said. “We make laws, and we cannot go by the 99.9 percent. We have to protect the county. … I understand where you’re coming from … but legally we have a leg to stand on.”
Committee member Tim Bynum repeated his position that “we don’t want to do anything to undermine the integrity of the bill we passed.”
“I think that we will probably end up having a bill that has some amendments, but I have every faith in the chair and this council … to get it right,” Bynum said.
The bill was deferred for two weeks at the urging of Planning Committee Chair Jay Furfaro to allow the Office of the County Attorney to evaluate a letter from environmental advocacy law firm Earthjustice regarding the questionable legality of amending an ordinance in a way that could put it into conflict with the state’s existing shoreline setback legislation.
•Michael Levine, assistant news editor, can be reached at 245-3681 (ext. 252) or mlevine@kauaipubco.com
