DEPARTMENT OF LAND AND NATURAL RESOURCES
PETER T. YOUNG, CHAIRPERSON
Phone: (808) 587-0401
Fax: (808) 587-0390
For Immediate Release:
DLNR To Hold
Public Hearings On Proposed Changes
HONOLULU— The Department of Land and Natural Resources (DLNR) will hold public hearings statewide, beginning Thursday, March 9, 2006 to receive public testimony on proposed amendments to Chapter 13-222, Hawaii Administrative Rules (HAR) regarding shoreline certifications.
Currently, the definition of “shoreline” under the Board of Land and Natural Resources (BLNR’s) shoreline certification rules differs from that of the definition under Chapter 205A-1, Hawaii Revised Statutes. The BLNR recently approved a change so the rule mirrors the law.
“There needs to be consistency not only in the definition of ‘shoreline,’ but also in the on-site practice of evaluating all evidence in determining the certified shore,” said DLNR chairperson Peter Young. “The proposed rules amendment will result in consistent language between the statute and rule,” he said.
Under Chapter 13-222-2, the “shoreline” is defined as “the upper reaches of the wash of the waves, other than storm or tidal waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or where there is no vegetation in the immediate vicinity , the upper limit of debris left by the wash of the waves.”
The underscored clause is extra language not found in the statute.
The plain terms of this clause appear to reduce interpretation by establishing the vegetation line as the preferred proxy for the shoreline and relegating the debris line to a secondary proxy to be considered only “where there is no vegetation in the immediate vicinity.”
This emphasis on the vegetation line had in past led to an emphasis by the surveying community on vegetation, often to the exclusion of other important evidence such as debris lines, scarping on the beach, coastal dune location, changes in vegetation, natural vs. induced vegetation, wave buoy data, an other important evidence of the high wash of the waves.
The present language of the rule and its interpretation had, in some
cases resulted in shoreline
A copy of the rule amendments is available on-line at: www.state.hi.us/dlnr/occl/Rules.php.
Materials are available for review between 7:45 a.m. and 4:30 p.m.,
The proposed rule amendments may also be mailed to interested parties for a fee of $1.00.
Hearings will begin at 6 p.m. on the following dates and locations:
At the public hearing or within 15 days following the close of the public hearing, any person may file with the Board a written protest or other comments or recommendations in support of or in opposition to the proposed rulemaking. The Board of Land and Natural Resources shall take final action on this rulemaking at a future regularly scheduled Board meeting.
Disabled individuals planning to attend the hearing are asked to contact
the DLNR at the above address or phone Dawn Hegger at 587-0380 at least
three days in advance of the public