Hawaii Shoreline Setbacks


The people of Hawaii have a keen devotion to preserving natural resources and a deep-rooted respect for the aina (land), with one of the most revered assets being its coastline. With over 750 miles of coastline, it is the  State with the 4th most coastline in the US (following Alaska, Florida and California, respectively). It holds the unique distinction of being the only State for which the entirety of its borders are water.  Preserving this revered asset is something that the people and government of Hawaii take with great care and responsibility, arguably as one of the strongest stewards of land in the County. 

Hawaii Shoreline Setback

Determining the shoreline is a function managed by the State, whereas establishing the setback (how far from the shoreline one can build) is regulated by each County, with varying rules among the Counties. To start let's clarify, for beachfront properties, the border between the shoreline (public beach) and the privately-owned property is the 'high wash of the waves', which is usually considered to be be the vegetation line. 

MAUI

For the full understanding view Title MC-12 (click here) and call the Planning Dept at
(808) 270-7735. Pertinent verbiage for Maui as follows:

(a) All lots shall have a shoreline setback line that is the greater of the distances from the shoreline as calculated under the methods listed below or the overlay of such distances:
(i) Twenty-five feet plus a distance of fifty times the annual erosion hazard rate from the shoreline
(ii) Based on the lot’s depth as follows:
(A) A lot with an average lot depth of one hundred feet or less shall have a shoreline setback line twenty-five feet from the shoreline;
(B) A lot with an average lot depth of more than one hundred feet but less than one hundred sixty feet shall have a shoreline setback line forty feet from the shoreline; and
(C) A lot with an average lot depth of one hundred sixty feet or more shall have a shoreline setback line located at a distance from the shoreline equal to twenty-five percent of the average lot depth, but not more than one hundred fifty feet.
(iii) For irregularly shaped lots, or where cliffs, bluffs, or other topographic features inhibit the safe measurement of boundaries and/or the shoreline, the shoreline setback line will be equivalent to twenty-five percent of the lot’s depth as determined by the Director, to a maximum of one hundred fifty feet from the shoreline.

(b) Notwithstanding any provision of this section to the contrary, a lot shall have a shoreline setback line at a distance from the shoreline that provides for the minimum buildable depth; provided that, in no case shall the shoreline setback line be less than twenty-five feet from the shoreline. (c) Prior to commencement of grubbing, grading, or construction activities, the shoreline setback line shall be identified on the ground and posted with markers, posts, or other appropriate reference marks by a surveyor licensed in the State of Hawaii.

Maui Shoreline Setback

OAHU (HONOLULU COUNTY)

For full understanding, view Chapter 23 (click here). Pertinent verbiage as follows:

(a) General Rule. Except as otherwise provided in this section, the shoreline setback line shall be established 40 feet inland from the certified shoreline
(b) Adjustment of Shoreline Setback Line on Shallow Lots. Where the depth of the buildable area of a lot, as measured seaward from its inland edge, is reduced to less than 30 feet, the shoreline setback line shall be adjusted to allow a minimum depth of buildable area of 30 feet; provided that the adjusted shoreline setback line shall be no less than 20 feet from the certified shoreline. 
(c) Adjustment of Shoreline Setback Line Related to the Construction of a Shore Protection Structure. Once a shoreline has been certified from which a shoreline setback line can be established, no shoreline setback line shall be established farther seaward as the result of a subsequent certified shoreline survey following the construction of a shore protection structure. On a lot where the certified shoreline is permanently fixed by a shore protection structure, the shoreline setback line shall be established by measuring inland from the shoreline, as it was located prior to the construction of the shoreline protection structure. 

Where the shore protection structure was constructed without a shoreline survey first being made and certified by the state department of land and natural resources, the director shall determine the prior location of the shoreline solely for the purpose of establishing the shoreline setback line. In so doing, the director shall consider the actual location of the high wash of the waves during the year and the location of the shoreline and the shoreline setback line on adjacent properties. The resulting shoreline setback line may be further than 40 feet from the shoreline established by the department of land utilization following construction of the shore protection structure.

KAUAI

For full understanding, view Ordinance 979 (click here) and call the Planning Department at 808-241-4050.  Pertinent verbiage as follows:

Sec. 8- 27. 3 Shoreline Setback Determination: Establishment of the Shoreline Setback Line.
 Shoreline setback determinations shall be issued based on the following procedures:
 a) Except in either of the following two cases and except as permitted in Section 8- 27. 7, a shoreline setback determination shall be required for all structures and subdivisions proposed on lands covered by this Article. 
1) In cases where the proposed structure or subdivision satisfies the following four criteria: 
A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency FEMA) Flood Insurance Rate Map (FIRM) V or VE flood zones;
B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above mean sea level or greater; 
C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and 
D) The shoreline setback shall be sixty ( 60) feet from the certified shoreline which has been established not more than twelve ( 12) months from the date of the application for the exception under this section. 
2) In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between the shoreline and applicant's property, elevation, and the history of coastal hazards in the area. 
b) Unless otherwise provided in subsection (a) above, no shoreline setback line shall be established for any lot subject to this Article unless the application for a shoreline setback line includes a certified shoreline issued within twelve ( 12) months prior to submission of the application. 
c) Lots Included in the Kaua`i Coastal Erosion Study. For all structures on lots subject to the Kaua`i Coastal Erosion Study, the setback shall be calculated as follows: 
1) For lots with an average lot depth of less than one hundred forty (140) feet, the setback line shall be forty ( 40) feet plus seventy ( 70) times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, for all applicable lots subject to the Kaua`i Coastal Erosion Study a mandatory twenty ( 20) foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards. 
2) For lots with an average lot depth of one hundred forty (140) feet to two hundred twenty ( 220) feet, the greater setback of the following shall apply: 
A) Forty (40) feet plus seventy ( 70) times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, for all applicable lots subject to the Kaua`i Coastal Erosion Study a mandatory twenty ( 20) foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards; or 
B) A shoreline setback determined by taking the average lot depth, subtracting one hundred ( 100) feet, dividing by two and adding forty (40) feet. 
3) For all lots with an average lot depth of over two hundred twenty (220) feet, the greater setback of the following shall apply: 
 A) Forty feet ( 40) plus seventy ( 70) times the annual coastal erosion rate as measured from the certified shoreline. In addition to the shoreline setback calculations above, for all applicable lots subject to the Kaua`i Coastal Erosion Study a mandatory twenty ( 20) foot additional safety buffer shall be added to the setback area for episodic coastal events, sea level rise and other hazards; or 
B) A shoreline setback line of one hundred ( 100) feet from the certified shoreline.
Table 1. (This table is included for illustrative purposes only.) Lots Included in the Kaua‘i Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN KAUA‘I COASTAL EROSION STUDY 
Average Lot Depth Setback Line Less than 140 feet (<140 feet): 40 feet plus (70 X annual coastal erosion rate) plus 20 feet 
Average Lot Depth Setback Line 140 feet to 220 feet (140-220 feet) Greater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- (Average Lot Depth minus 100 feet) ÷ by 2 plus 40 
Average Lot Depth Setback Line Greater than 220 feet (>220 feet) Greater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- 100 feet from the certified shoreline 
Table 2. (This table is included for illustrative purposes only.) Lots Not Included in the Kaua‘i Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA‘I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth – 100/2+40) Subject to the Following: 
1 For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. 
2 For all other lots, the shoreline setback line shall be no less than 60 feet. 
3 For all lots, the maximum setback that can be required shall be 100 feet

BIG ISLAND (HAWAII COUNTY)

Pursuant to Hawai‘i Revised Statutes Section 205A-43(a) and Planning Department Rule 11-5 (click here), all lots which abut the shoreline shall have a minimum shoreline setback of 40 feet. Contact the Planning Department at 808-961-8288 (East) or 808-323-4770 (West).  Pertinent verbiage as follows, to serve as a reference.

Establishment of Shoreline Setback Lines.
(a) Except as otherwise provided in this section, all lots which abut the shoreline shall have a minimum shoreline setback line of forty feet
(b) Exceptions: 
(1) A lot which was created (final subdivision approval or a legal lot of record as determined by the Planning Department) prior to the date of adoption of this rule shall have a minimum shoreline setback line of twenty feet when one of the following exists: 
(a) When the average lot depth of a parcel is one hundred feet or less or
(b) When the buildable area of the parcel is reduced to less than fifty percent of the parcel after applying the forty-foot shoreline setback line and all state and county requirements of the parcel 

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Keep in mind, in addition to setback regulations, properties bordering shoreline will be subject to Special Management Area regulations. We find the Coastal Zone Management's Hawaii SMA Guide to be a great starting point for information and visit the CZM website (click here) for more details. Furthermore, zoning, subdivision CC&R's, community plans and more can have a significant impact on ability to build in proximity to the shoreline.

Disclaimer:  All the information on this page is for basic information only, it is subject to change without advanced notice. People are advised to consult with licensed professionals in their respective fields of expertise, to include architects, surveyors, general contractors, County Planning Department personnel, real estate attorneys, among others. The information herein is provided without warranty of any type.

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