Oct. 21, 2022
Starting January 1, 2024, the shoreline setback will be pushed back a minimum of 20 feet from its current 40 feet to 60 feet plus 70 times the annual coastal erosion rate, up to a maximum setback of 130 feet. On average, Oahu coastal erosion is happening at a rate of 0.36 feet per year which means another 25 feet could be added to the 60 feet making an 85 foot setback according to averages. Of course, that amount will vary depending on your specific property. But, regardless, we can take sixty feet as a minimum.
Long story short, beachfront lots, to be buildable, will need to be deep. Often, not the case on Oahu’s East and North shores.
There is some flexibility built into the new bill for lots that just don’t have the space but it’s no guarantee. When you don’t have the required 60’ + area or your remaining buildable area allows for less than 1500 sqft, the shoreline setback may be reduced to no less than 40’ and only the minimum amount to allow for building, parking, wastewater, etc…
But, what about existing homes?
Existing homes that sit within the setback are called non-conforming structures. Non-conforming structures can still be repaired and altered, but only ways that doesn’t increase non-conformity. For example, adding a room on the ocean side of the house and encroaching further into the setback area.
Also, the cumulative value of the work cannot exceed 50 percent of the replacement cost of the structure over a 10-year period. For example, let’s say your house (just the structure) is valued at $300,000. Over the next 10 years, you are not allowed to put more than $150,000, or 50 percent of the home’s value, into repairs, upgrades, alterations, etc…
Now, let’s say your home is damaged by fire, flood, etc… There’s a rule for that too. If the replacement cost of the damage is valued at more than 50 percent of the home’s value, you can only rebuild according to the new, 60 foot, setback rules mentioned above.
The goal, of course, is to discourage building beyond maintaining and reasonable upgrades on non-conforming properties.
As ocean levels continue to change, erosion issues will grow bigger and oceanfront property will become more and more complicated to develop, own and maintain in light of government regulation.
There’s not much else like falling asleep to the sound of the ocean or watching the sun rise or set over it. Unfortunately, the cost to do so is on the rise. Bill 41 isn’t law yet. But with overwhelming support within the City Council, we can all count on it being the new norm.
Resources
Have any thoughts you’d like to communicate?
Contact Your City Council Member:
https://www.honolulucitycouncil.org/find-my-councilmember
BILL 41 (2022), CD1
https://hnldoc.ehawaii.gov/hnldoc/document-download?id=15097
Shoreline Change Study:
https://pubs.usgs.gov/of/2011/1051/pdf/ofr2011-1051_report_508_rev052512.pdf
The shoreline is defined as: “The upper reaches of the wash of the waves, other than storm and seismic 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 the upper limit of debris left by the wash of the waves.”
Sec. 23-1.4 [Shoreline] Establishment of the shoreline setback line.
(A)
until January 1, 2024, after which the shoreline setback line will be established at the following distances mauka from the certified shoreline:
(1) Sixty feet plus 70 times the annual coastal erosion rate, up to a maximum setback of 130 feet, on zoning lots within all development plan and sustainable communities plan areas except the Primary Urban Center Development Plan area.
(2) Sixty feet on zoning lots within the Primary Urban Center Development Plan area.
(3) Sixty feet on zoning lots where historical erosion data has not been collected for the Hawaii shoreline study, or its successor, where the historical erosion data shows coastal accretion, or where the historical erosion data show an erosion rate of zero.
(B)
Where the [depth of the] buildable area of a zoning lot[, as measured seaward from its inland edge,] is reduced to less than [30] 1,500 square feet, the shoreline setback line [shall] may be adjusted to allow a minimum [depth of] buildable area of [30] 1,500 square feet[;], subject to review and approval by the director; provided that [the]:
(1) The adjusted shoreline setback line [shall be no] may not be reduced to less than [20] 40 feet from the certified shoreline[.];
(2) The shoreline setback line may only be reduced to the minimum extent required to permit construction and repair within the reduced buildable area, including the minimum necessary area for wastewater treatment, parking, and other accessory structures;
(3) The proposed structure or activity is positioned in the farthest mauka location on the zoning lot;
Sec. 23-1.6 Nonconforming structures.
A nonconforming structure may be repaired or altered [in any manner which does]; provided that the repairs or alterations do not increase [its] or intensify the nonconformity[.], and the cumulative valuation of the repairs or alterations does not exceed 50 percent of the replacement cost of the structure over a 10-year period.
(b) If a nonconforming structure is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it [shall] may not be reconstructed except in conformity with the provisions of this chapter and the shoreline setback rules and regulations, [or successor regulations.] as may be amended or superseded.
(c) Reconstruction of [such] a nonconforming structure within the shoreline setback [shall require a] area requires a shoreline setback variance.