HB 1823 Seeks to Exempt State and County Infrastructure from SMA Permits — What It Means for Hawai‘i’s Shorelines
A New Bill Could Speed Up Public Projects
In late January 2026, Hawai‘i lawmakers introduced House Bill 1823, a proposal to amend the Coastal Zone Management Act. The bill would remove state‑ and county‑sponsored infrastructure improvements from the definition of “development” under Chapter 205A, meaning roads, bridges, wastewater systems and drainage upgrades consistent with a county’s community plan would no longer need a Special Management Area (SMA) permit. Current rules require most work in coastal zones to undergo lengthy SMA review, often taking six months to a year and involving public hearings and approvals. HB 1823’s sponsors argue that freeing basic infrastructure from this process will deliver public improvements faster while letting agencies focus on projects with greater environmental impact.
This change comes amid concerns that Hawai‘i’s aging infrastructure can’t keep pace with climate change and population growth. Supporters say the measure would allow counties to rebuild roads, expand sewer lines and fix drainage without the uncertainty of the SMA process, reducing costs and accelerating construction. The bill also clarifies that activities not considered “development”—for example, maintenance of existing structures—do not require SMA permits.
Potential Impacts for Coastal Builders
If HB 1823 passes, homeowners and private developers should understand that private construction and major alterations near the shoreline will still require SMA permits. The exemption only applies to public infrastructure projects that align with county plans. For shoreline homeowners and small business owners, the bill could indirectly ease project timelines if county infrastructure upgrades (e.g., roadway or drainage improvements) happen more quickly, but you’ll still need to navigate the SMA process for your own building or remodeling.
It’s also worth noting that the bill has prompted debate. Critics worry that exempting infrastructure could lessen public oversight and environmental review. Roads or wastewater expansions can impact wetlands, marine ecosystems and cultural resources, and the SMA process is often the community’s only chance to weigh in. Applicants should monitor HB 1823’s progress and be prepared for amendments.
Water Conservation and Shoreline Projects
HB 1823 isn’t the only recent policy shift affecting shoreline development. Maui County’s new water conservation rules, effective March 1 2026, aim to safeguard the island’s limited water supply by tightening restrictions on water waste and encouraging conservation. Another local law, Bill 161, imposes an interim ban on new private swimming pools in West Maui until December 31 2030 or until groundwater studies are completed. These measures underscore a broader trend: policymakers are looking for ways to balance growth with environmental stewardship. Builders close to the shoreline should design with water efficiency in mind, opting for drought‑tolerant landscaping and considering alternatives to large pools.
How Shoreline Consulting Hawaii Can Help
Navigating Hawai‘i’s SMA regulations, legislative changes and resource management rules can feel overwhelming. Even if HB 1823 passes, private shoreline projects will still require careful research, documentation and coordination with multiple agencies. Shoreline Consulting Hawaii prepares the necessary materials—site plans, waste‑water system designs and narratives that demonstrate compliance with Chapter 205A—so you don’t miss any critical requirements. We track policy changes like HB 1823, the water conservation rules and the West Maui pool ban, providing timely guidance tailored to your property.
If you’re unsure whether your project will qualify for an exemption or need advice on planning around new water conservation rules, feel free to email us at ryan@schawaii.com or call 808‑762‑2345. We’ll review your project, identify which permits apply, and outline the steps to secure approval.
Final Thoughts
HB 1823 represents a significant shift in Hawai‘i’s approach to shoreline management. By exempting public infrastructure projects from SMA permits, lawmakers hope to accelerate repairs and upgrades essential for community resilience. At the same time, new water conservation rules and interim bans on private pools show that resource stewardship remains a priority. Staying informed about these evolving regulations will help you plan your project effectively and avoid costly delays.
Whether you’re planning a new home near the beach or upgrading an existing structure, Shoreline Consulting Hawaii is here to support you. We’ll monitor HB 1823’s progress and other legislative developments, assist with documentation and design, and help you align your project with environmental and cultural expectations. Don’t tackle it alone—reach out at ryan@schawaii.com or call 808‑762‑2345 to get started today.