Shoreline Setback Variance

Any development within the shoreline setback area that does not qualify for a Minor Shoreline Structure Permit requires a Shoreline Setback Variance. For more information about the shoreline setback area, visit our Coastal Area Permits page.

Repairs to nonconforming structures

Structures in the shoreline that were legally established before the requirement to get a Shoreline Setback Variance, but do not conform with current standards, are considered nonconforming. These structures can be repaired or altered without a Shoreline Setback Variance, as long as the work does not increase or intensify the nonconformity (e.g. expand the structure in any way), and the value of the repairs or alterations does not exceed:

- 50% of the replacement cost over a 10-year period of that portion of the structure that is nonconforming (if located within 60 feet of the shoreline)
- 75% of the replacement cost over a 10-year period of that portion of the structure that is nonconforming (if located over 60 feet of the shoreline)

Please refer to our Administrative Rules for Shoreline Setbacks and the Special Management Area (Title 20, Chapter 31) to prepare a valuation.

How do I apply for a Shoreline Setback Variance?

1. Environmental Review

If the project includes any actions listed in Hawaii Revised Statutes Section 343-5, compliance with the State’s environmental review process is required. To complete the process, either.

1. The determining agency must declare the action exempt from the requirement to prepare an environmental assessment (EA) or environmental impact statement (EIS) (agencies maintain lists of actions that are commonly exempt);
2. An environmental assessment and ﬁnding of no signiﬁcant impact must be published (if signiﬁcant environmental impacts are not anticipated); If the DPP is the Accepting Authority for the Environmental Assessment, the document must be prepared per the DPP’s Environmental Assessment Instructions; or
3. An environmental impact statement must be accepted and published (if signiﬁcant environmental impacts are anticipated); If the DPP is the Accepting Authority for the Environmental Impact Statement, the document must be prepared per the DPP’s Environmental Impact Statement Instructions.

2. Apply

NOTE: All applications are to be submitted online through HNL Build.

- Login or create an account.
- Click on New Coastal Area Permit.
- Select Shoreline Setback Variance.

Fill out the fields.

Recorded Fee Owner is the person or corporate entity that owns the land in fee simple.
Applicant is the person or corporate entity proposing the action. It may be the Recorded Fee Owner or a lessee.
Authorized Agent/Contact Person is the person who is processing the application. This is the person the Department will contact for additional information. It may be the same person as the Recorded Fee Owner, the Applicant, or a project architect or contractor.

Written Statement – Include the following:

- Proposal – Completely and accurately describe all proposed activities and structures in the shoreline area. Include temporary construction activities and staging areas, proposed structures and long-term operational activities, and where applicable, post-project decommissioning and rehabilitation of the project site.
- Project Information
  - - Lot Area (use our Property Search or our Parcels and Zoning map)
    - Lot Shape
    - Topography
    - Existing Development
    - Surrounding Uses
    - Certiﬁed Shoreline Survey (look up existing certified shoreline maps)
    - Nearest Bodies of Water
    - Soil Classiﬁcation (you can use the USDA Web Soil Survey)
    - Vegetation (existing and proposed)
    - Flood Zones
    - Shoreline Change Rate (use the Oahu shoreline change map)
    - Environmental Review compliance
    - Other Permits and Approvals
- Evaluation – Demonstrate that the proposal meets the criteria for granting a variance in Revised Ordinances of Honolulu Section 23-1..8. Either:
  - - The proposal is related to crop cultivation, aquaculture, or landscaping that will not adversely affect beach processes;
    - The proposal is related to a shoreline-dependent facility, including drainage, boating, or maritime recreational facilities, as long as it is the practicable alternative which best conforms to the purpose of the shoreline setback rules;
    - The proposal is for a public agency or utility, or clearly in the public interest, as long as it is the practicable alternative which best conforms to the purpose of the shoreline setback rules; or
    - The proposal is necessary because hardship will result if the proposal is not allowed. Hardship may only be found if:
      - The applicant would be deprived of reasonable use of the land if required to comply with shoreline regulations;
        The proposal is due to unique circumstance and does no draw into question the reasonableness of the shoreline regulations; and
        The proposal is the practicable alternative which best conforms to the purpose of the shoreline regulations

Drawings

Provide drawings of the development. All drawings must include a graphic (“bar”) scale

- Site plan – An accurate site plan showing the lot(s) and adjacent land affected by the proposal, showing, when pertinent, easements, slope, streets, property lines, uses, off-street parking areas, yards (setbacks from the front, side and rear zoning lot lines), all existing and proposed locations of structures, and landscaped areas.
- Shoreline lots with a valid certiﬁed shoreline survey – Show the certiﬁed shoreline (if it has been certiﬁed by the State Department of Land and Natural Resources within one year of the application date) and the shoreline setback line based on the certiﬁed shoreline.
- Shoreline lots with no valid certiﬁed shoreline survey – Show the “shoreline” as the upper reaches of the 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. Include a “waiver line” 75 feet inland from the shoreline. All development inland of the 75- foot waiver line is exempt from shoreline permit requirements. This must be shown on drawings prepared by a draftsman, architect, engineer, or similar professional.
- Sea level rise – The project plans must delineate areas that would be inundated by 3.2 feet of sea level rise. For sites projected to be impacted by coastal erosion on the Sea Level Rise Viewer, plans must also show the coastal erosion line under the 3.2 feet of sea level rise scenario.
- Special Management Area – If the property is not entirely located within the Special Management Area (SMA), the project plans must also show the SMA boundary.
- Flood zones – If any portion of the property is located within a Flood Hazard Zone, the project plans must show the Flood Hazard District boundaries.
- Elevations – Elevation drawings showing both proposed structures and the underlying grade and foundation components, including the regulatory height envelope based on zoning district requirements.
- Grading plans – When applicable, include grading plans showing existing and ﬁnish grade conditions by contours, spot elevations, or other appropriate means. Elevations must be marked on the site plan and/or a separate grading plan.

3. Payment

Fees may be paid online in HNL Build in “outstanding fees”. The review fee must be paid in order to complete the application submission. Alternatively, fees may be paid by check. If paying by check, submit two checks or money orders made out to the City & County of Honolulu for:

A review fee of $400 (this is a non-refundable fee to review whether the application is complete); and
A processing fee of $2,000 (this is returned if the application is incomplete).

Checks or money orders that are more than 3 months (90 days) old will not be accepted. There is no fee for City agencies.

The fees are doubled when an applicant applies for a permit after being cited for taking action without obtaining necessary approvals.

If paying by check or money order, mail or drop off fee payments to the

Department of Planning and Permitting
650 South King Street, 7th Floor
Honolulu, HI 96813

4. Review

The DPP reviews the application, holds a public hearing, and renders a decision.

Timeline

DPP will notify the applicant within 10 working days about the status of the application once received (i.e. application is accepted or determined to be incomplete). DPP will post the project on our Public Input page.
The Director shall hold a public hearing on the variance application. At least 20 days prior to the public hearing, the Director shall publish notice of the public hearing in a newspaper of general circulation in the city. The Director shall also notify the applicant, of any person or agency that requested the public hearing, all property owners within a 300-foot radius of the project site, and any other person(s) who requested notice at least 20 days before the public hearing.
DPP will review the application and render a decision within 45 calendar days of the public hearing.

5. Decision

The development project is approved or denied a Shoreline Setback Variance. Decisions are communicated via HNL Build to the email address provided.

Any party wishing to appeal the Director’s action must submit a written request for a contested case hearing to the DPP within 30 calendar days from the date of mailing, personal service, or publication of the action of the Director. Contested case hearings are conducted pursuant to the DPP Administrative Rules Part 2, Chapter 12, Rules Relating to Shoreline Setbacks and the Special Management Area.

A webpage of the City and County of Honolulu, supported by the Hawaiʻi Office of Planning and Sustainable Development, Coastal Zone Management Program, pursuant to National Oceanic and Atmospheric Administration Award, Award No. NA18NOS4190082, funded in part by the Coastal Zone Management Act of 1972, as amended, administered by the Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration, United States Department of Commerce.

The views expressed herein are those of the author(s) and do not necessarily reflect the views of NOAA or the U.S. Department of Commerce.

The Shoreline Setback Variance permitting process includes: