Hawaii shoreline planning is entering another important moment. House Bill 1823, a 2026 measure focused on the Coastal Zone Management Act, was transmitted to the governor on May 8 after moving through conference committee and final reading. The latest version is narrow in some ways, but it still matters for owners, builders and public agencies planning work near Maui County shorelines.
The bill focuses on how certain infrastructure and improvement projects are treated under the definition of development in Special Management Areas. Supporters have argued that public infrastructure repairs and upgrades can get slowed down by long permitting reviews, especially when projects already have environmental review clearance. Opponents have raised concerns that broad exemptions could weaken the review process that protects beaches, access, cultural resources and nearshore waters.
For coastal property owners, the practical takeaway is simple: even when a project appears exempt or fast-tracked, the facts still matter. Location, funding source, environmental findings, shoreline setbacks, drainage, wastewater, access and cumulative impacts can all affect whether a project needs an SMA assessment, SMA minor permit or SMA major permit.
Why HB1823 Matters for Maui Coastal Projects
The Special Management Area process is designed to make sure development near the shoreline is consistent with Hawaii coastal zone policies. That review can be time-consuming, but it also forces a project team to answer important questions before construction begins.
If HB1823 becomes law, some Maui County infrastructure or improvement work may have a clearer pathway around SMA use permit requirements when the project meets specific conditions. That does not mean shoreline planning becomes simple. It means the early screening step becomes even more important.
A project team should be ready to answer:
- Is the parcel or work area inside the SMA boundary?
- Is the activity actually excluded from the statutory definition of development?
- Has the project received a finding of no significant impact or a categorical exemption?
- Does the work affect shoreline access, drainage, dunes, wetlands, cultural sites or nearshore water quality?
- Are separate county, state or federal permits still required?
If you are unsure how a shoreline project fits into the current rules, Shoreline Consulting Hawaii can help you review the property, organize the permit path and prepare the documentation. Email ryan@schawaii.com or call 808-762-2345 to discuss your project before design decisions become expensive to change.
Do Not Treat an Exemption as a Green Light
One common mistake is assuming that an exemption from one permit means a project is ready to build. In Hawaii, shoreline work often involves overlapping reviews. A project may avoid one SMA use permit path but still need building permits, flood development review, shoreline setback analysis, grading permits, wastewater approvals, archaeological review or agency consultation.
For homeowners, that means a remodel, seawall-adjacent repair, drainage improvement, driveway change or utility upgrade should be evaluated early. For commercial and public projects, the stakes are even higher because documentation can become extensive and public scrutiny can increase quickly.
Good preparation includes:
- Confirm the SMA and shoreline setback status before finalizing the scope.
- Collect surveys, site plans, flood maps, drainage notes and photos early.
- Identify whether the work changes runoff, access, grading, utilities or structure footprint.
- Document why the project qualifies for an exemption, minor permit or major permit.
- Keep neighbors and agencies informed when the project may affect shared coastal resources.
How Shoreline Consulting Hawaii Can Help
Shoreline Consulting Hawaii helps owners, businesses and developers navigate the SMA process from the first feasibility questions through submittal and agency coordination. That includes reviewing project scope, assembling maps and supporting materials, preparing narratives, coordinating with county planning departments and tracking legislative or policy changes that may affect the path forward.
For projects that require specialized design, engineering, wastewater or environmental input, Shoreline Consulting works with trusted licensed professionals as needed. The goal is to keep the process organized, reduce surprises and help the application speak clearly to the standards that reviewers care about.
Plan for Change, Not Just Approval
HB1823 shows that Hawaii's coastal rules are still evolving. Whether the final result is faster infrastructure repair, more debate over coastal exemptions or new county-level guidance, shoreline owners should expect permit strategy to remain a moving target.
The best approach is proactive planning. Before you assume your project is exempt, confirm the facts. Before you submit, make sure the record is complete. And before you build near the shoreline, understand how your project fits into Hawaii's larger responsibility to protect beaches, public access and coastal resilience.
For help with SMA permit planning, shoreline development questions or coastal project management in Hawaii, contact Shoreline Consulting Hawaii at ryan@schawaii.com or call 808-762-2345.