Construction activities near Hawaii's shoreline may require permits from which agency?
Correct Answer
A) Both Army Corps of Engineers and Hawaii DLNR
Shoreline construction may require permits from both federal (Army Corps) and state (DLNR) agencies.
Why This Is the Correct Answer
Shoreline construction in Hawaii falls under dual jurisdiction. The U.S. Army Corps of Engineers issues Section 404 (dredge and fill) and Section 10 (navigable waters) permits under the Clean Water Act and Rivers and Harbors Act for federal oversight. The Hawaii Department of Land and Natural Resources (DLNR) issues State Shoreline Setback Variances and Coastal Zone Management permits under state law. Both permits may be required simultaneously, making option A the correct answer.
Why the Other Options Are Wrong
Option B: Army Corps of Engineers only
The Army Corps of Engineers has federal jurisdiction over navigable waters and wetlands, but obtaining only a federal permit does not satisfy Hawaii's state requirements. DLNR permits are separately required under state law.
Option C: Hawaii DLNR only
Hawaii DLNR manages state lands, natural resources, and the coastal zone under state law. However, federal jurisdiction also applies near navigable waters. Obtaining only the state permit does not satisfy federal requirements.
Option D: Hawaii Department of Health only
The Department of Health handles environmental contamination and NPDES permits but is not the primary agency for shoreline construction permits. DOH may have a role in water quality, but it does not issue coastal construction permits.
Memory Technique
Remember 'ACE + DLNR = Shoreline Team.' Army Corps of Engineers (federal) + DLNR (state) = the two-agency team required for Hawaii shoreline work. Think of building near the shore as crossing two borders: federal water and state land.
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