Current through November, 2024
Section 15-150-33 - Enforcement of shoreline setbacks(a) The lead agency shall enforce subchapter 3. Any structure or activity prohibited by sections 15-150-23 and 15-150-24, that has not received a variance pursuant to subchapter 3 or complied with conditions on a variance, shall be removed or corrected. No other state or county permit or approval shall be construed as a variance pursuant to subchapter 3.(b) Where the shoreline is affected by a manmade structure that has not been authorized with government agency permits required by law, if any part of the structure is on private property, then for purposes of enforcement of this section, the structure shall be construed to be entirely within the shoreline area.(c) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under section 183-41, HRS, shall not be diminished by a manmade structure in violation of subchapter 3.[Eff 2/25/2000; comp 4/17/2009; comp ] (Auth: HRS §§ 205A-43.5, 206E-8.5) (Imp: HRS §§ 91-2, 206E-8.5)