Maui, and all of Hawaii, take environmental concerns very seriously, especially when it comes to preserving our shorelines. In the 1970’s, the County created both the Special Management Areas and Shoreline rules. These rules addressed shoreline building setbacks in sensitive coastal areas of the Valley Isle.
The rules are reviewed and updated every ten years based on erosion rates and the science available at the time. In April of 2023, Maui voted to update these rules.
Whether you’re considering either renovations or new construction, SMA permits are part of the overall process before construction.
Coastal Zone Management (CZM)
Because of its size, every piece of land in Aloha State is no more than 30 miles from a coastline, putting the entire state under Coastal Zone Management. All state and county agencies are required to enforce the objectives of CZM. The objective is to harmonize the conservation of land and water resources in coastal regions with the promotion of economic growth.
The CZM Act of 1972 created the federal Coastal Zone Management program, and Hawaii created its own in 1977. The entirety of the program is spelled out in Chapter 205A, Hawaii Revised Statutes.
HRS Chapter 205A’s objective is to “provide for the effective management, beneficial use, protection, and development of the Coastal Zone.” (L. 1977, c188 §1.) The SMA (Special Management Area) permitting system is a component of the CZM Program approved by both Federal and State agencies.
Special Management Areas (SMA Permits)
These are areas that could be impacted by any type of development. From the website:
“The purpose of the Special Management Area Use permit is to regulate any use, activity, or operation that qualifies as “development”, and has a total cost fair market value of $500,000 or more; or has a significant adverse environmental or ecological effect within the Special Management Area.”
The SMA permit is the first permit required for any development within an SMA. In Maui, the boundaries of SMA (Special Management Area) zones vary from a few hundred yards to several miles from the coastline, contingent on the specific location across the island. Development and construction within SMA areas are subject to more stringent standards compared to regular development, involving an extended permitting process.
Minor SMA Permits
These permits are issued for projects that have estimated construction costs under $500,000, do not require a public hearing, and only occur in 24 months unless there is a request to expand or intensify the use. This includes shoreline areas.
Homes that are less than 7,500 square feet and have a valuation of under $500,000 are exempt from all SMA permits. Homes larger than 7,500 square feet will require minor or major permits, depending on their valuation.
Major SMA Permits
These permits are for structures valued at more than $500,000 and have significant “coastal or environmental impacts.” These permits will require a public hearing and the Maui Planning Commission will decide to approve the permit.
Emergency Permits
These permits are issued only in the face of imminent harm to either public safety or the structure itself.
PRO DRAFT FOR ALL YOUR ARCHITECTURAL DESIGN NEEDS
When you’re ready to begin building a house in Maui, remodeling, or adding to your home or commercial property, Pro Draft can help with architecture, drawings, blueprints, and permits and answer all of your questions before the first day of construction. We’re happy to help and will work to ensure your project is exactly the way you envision.
Call Pro Draft today at (808) 579-9050 or 1-800-499-4699 from the Mainland.
