Hawaii Senate Bill SB723

Hawaii 2026 Regular Session

• Introduced: 1/17/25
• Refer: 1/23/25
• Refer: 1/21/26

Caption

RELATING TO SHORELINE SETBACKS.

Summary

SB723 would increase Hawaii’s shoreline setback requirements for new development and certain structures near the coast. The bill replaces the current baseline setback of not less than 40 feet inland from the shoreline with a formula that generally produces larger setbacks based on average lot depth, with minimum setbacks of 60 feet for most non-rocky shorelines and a maximum of 100 feet. For lots with an average depth over 220 feet, the bill would require the greater of a 40-foot setback plus a minimum elevation standard or a 100-foot setback established by the Board of Land and Natural Resources. The bill also revises the definition and treatment of shoreline-area structures that do not need a variance. It would expand the grandfathering date for existing structures from those completed before June 22, 1970 to those completed before January 1, 2024, while keeping other exemptions for previously permitted structures, certain agricultural or aquacultural uses, minor structures, and limited maintenance or repair of public boating and recreational facilities. The Department of Land and Natural Resources would continue to adopt rules and enforce shoreline setback requirements, including determining average lot depth for irregular parcels.

Impact

SB723 would amend sections 205A-43 and 205A-44 of the Hawaii Revised Statutes, changing how shoreline setbacks are calculated and broadening the category of structures exempt from variance requirements based on completion date. The practical effect would be to push new coastal development farther inland in many cases, especially on lots with shallower depths, and to limit the ability to build in shoreline areas without a variance. It would also affect property owners, developers, and coastal permitting decisions by increasing regulatory constraints in erosion-prone areas and by updating the state’s shoreline management framework to reflect sea level rise and coastal hazard concerns.

Sentiment

The bill’s stated purpose and framing suggest strong support for stronger coastal protection and hazard mitigation. The legislative findings emphasize erosion, flooding, sea level rise, and the loss of oceanfront land, indicating a policy direction favoring conservation of shoreline processes and greater resilience. No committee transcript or vote record was provided, so there is no direct evidence here of opposition or amendment debate; however, the bill’s re-referral to WLA/EIG and WAM suggests it was still moving through committee review rather than having reached final passage.

Contention

The main likely points of contention are the larger setback requirements and the expanded grandfathering cutoff for existing structures. Property owners and developers may view the increased setbacks as a restriction on use and value of oceanfront land, especially where lots are narrow or irregularly shaped, while coastal planners, environmental advocates, and hazard mitigation supporters are likely to favor the bill for reducing exposure to erosion and flooding. The new 2024 grandfathering date could also be controversial because it would preserve more existing shoreline structures from variance requirements than current law, potentially drawing criticism from those seeking stricter shoreline protection and from those concerned about fairness to newer property owners.