Maui Planning Commission votes unanimously to approve new SMA and Shoreline rules

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Maui’s Special Management Area and Shoreline Rules have recently undergone significant updates after over a decade of collaboration between the community and the county. The Maui Planning Commission unanimously approved the changes in an 8-0 vote on March 28th. The rules were originally established in the 1970s to create building setbacks in sensitive coastal areas. The new updates aim to bring more balance and flexibility for homeowners while improving coastal resilience for the environment.

The Maui Planning Department is currently processing the updated SMA and Shoreline rules, along with a map that will assist landowners in determining whether the shoreline setback line applies to their properties. After approximately 45 days, the map and adopted rules will be sent to the County Clerk's Office. The rules will take effect 30 days after they are submitted.

Several highlights of the new rules include:•    Creates categorical exemptions, which allows people to bypass submitting an SMA assessment or permit application if proposed work has minimal to no environmental impact. For example, repairs and upgrades to the interior of homes, with a valuation of less than $500,000 in any 24-month period, within the special management area including the shoreline area are allowed, unless they are seeking expansion or intensifying the use.

•    Removes the mandatory requirement of certified shoreline surveys, which cost thousands of dollars, and instead leaves the decision to the discretion of the department.

•    Reduces the permitting burden for state-required conversion of cesspools.

•    Requires hazard mitigation plans that consider realignment of structures away from the shoreline if existing structures are exposed to coastal hazards.

 

The 2017 Hawaiʻi Sea Level Rise Vulnerability and Adaptation Report recommends that coastal planning should account for a projected 3.2 feet of sea level rise and adjust projections upward in the future. In 2003, Maui County established shoreline building setbacks based on erosion rates, making it the first county in the state to take a science-based approach to planning. Other counties have since followed suit, and this policy has proven successful in keeping new development away from the shoreline for hazard protection and community and ecosystem resilience. However, the current setback formula only considers historical erosion rates and does not factor in worsening conditions due to sea level rise.

The most sensitive parts of the coastal zone are the Special Management Area (SMA) and Shoreline areas, which are managed by state and county laws. The SMA is the area of the island that is closest to the shoreline and generally extends inland to the nearest highway. The Shoreline area is the land between the shoreline and the shoreline setback line.

Maui County's latest revision to the SMA and Shoreline rules is the second major update since 2003. Every decade, the guidelines will be reassessed based on erosion rates and the latest available science. When the new rules take effect, the public will be able to access the shoreline map on the Planning Department’s website. Additionally, the department will hold public outreach programs to inform and train residents about the changes.