Special Management Area Permits in Hawaii: What Architects Need to Know Before Designing Near the Shore

What the SMA is and where it comes from

The Special Management Area is established by the Hawaii Coastal Zone Management Act (HRS Chapter 205A). The law requires counties to designate a Special Management Area along the shoreline and to regulate development within it. The City and County of Honolulu implements the SMA requirement through ROH Chapter 25.

The SMA boundary on Oahu generally extends approximately 300 feet inland from the shoreline, but the exact boundary varies by location and is established on maps maintained by DPP. The shoreline itself is defined under state law as the upper reaches of the wash of waves, other than storm and seismic waves — it is not the same as the mean high water line and can shift seasonally.

Before starting design on any project within 300 feet of the shoreline on Oahu, verify whether the parcel falls within the SMA boundary using DPP's online mapping tools or by requesting a SMA determination from DPP.

When an SMA permit is required

Not every project within the SMA boundary requires a full SMA permit. The law establishes a threshold below which projects qualify for an exemption. On Oahu, a project with a value below a set threshold — currently $500,000, though verify the current threshold with DPP — may qualify for an SMA Exemption rather than a full SMA Use Permit.

Projects that are categorically excluded from the SMA permit requirement (maintenance, repair, and minor improvement of existing structures below the exemption threshold) should still obtain a DPP determination in writing. An informal assessment that the project is exempt is not the same as a documented exemption determination — and if DPP later determines that a permit was required, the consequences can include stop-work orders and required removal.

The shoreline setback

Separate from the SMA permit requirement, the State Shoreline Setback law (HRS §205A-43 et seq.) establishes a minimum setback from the certified shoreline for all new structures. On Oahu, the standard shoreline setback is 40 feet from the certified shoreline, though this is subject to significant exceptions and may be modified by county rules or by the State Land Use Commission for specific parcels.

The certified shoreline is established by a formal survey process administered by the Office of Conservation and Coastal Lands (OCCL). A shoreline certification must be obtained before the setback can be precisely located. The certification is based on a shoreline survey by a licensed land surveyor and is valid for one year. For projects near the shore, budget for the shoreline certification survey in the early project timeline — it cannot be done retroactively.

Key points about the shoreline setback:

• The setback is measured from the certified shoreline, not from a fixed property line. The certified shoreline can move between certification cycles.
• Structures within the setback that predate the law may be nonconforming. Additions or expansions of nonconforming structures require careful review of what triggers a new setback compliance requirement.
• Seawalls, revetments, and other shoreline hardening structures have their own permit requirements under OCCL, separate from both the SMA and the building permit.
• The setback does not apply to all structures — certain appurtenances (walkways, fences below a height threshold) may be allowed within the setback under specific conditions.

The SMA compliance checklist

For any project within 300 feet of the shoreline on Oahu, work through this list before finalizing the design:

• 1Confirm whether the parcel falls within the SMA boundary using DPP's GIS mapping.
• 2Determine whether the project requires an SMA Exemption or SMA Use Permit based on the current value threshold.
• 3If an SMA Use Permit is required, build 6–12 months into the project schedule for the public hearing process.
• 4Commission a shoreline certification survey from a licensed Hawaii land surveyor if any structure will be located within 100 feet of the estimated shoreline.
• 5Calculate the 40-foot setback from the certified shoreline and verify that all proposed structures comply.
• 6Identify any existing nonconforming structures and determine whether the proposed work constitutes an expansion that triggers new setback compliance.
• 7Confirm whether any shoreline hardening work (seawall, revetment, grading within the setback) requires separate OCCL permits.
• 8Note the SMA status and shoreline setback compliance in the project general notes on the permitted drawings.