Haw. Code R. § 13-5-30

Current through March, 2024

Section 13-5-30 - Permits, generally

(a) Land uses requiring comprehensive review by the board are processed as board permits, management plans and temporary variances. Departmental permits and emergency permits are processed by the department and approved by the chairperson. Site plans are processed by the department and approved by the chairperson, or his designated representative.

(b) Unless provided in this chapter, land uses shall not be undertaken in the conservation district. The department shall regulate land uses in the, conservation district by issuing one or more of the following approvals:

(1) Departmental permit (see section 13-5-33 );

(2) Board permit (see section 13-5-34 );

(3) Emergency permit (see section 13-5-35 );

(4) Temporary variance (see section 13-5-36 );

(5) Nonconforming uses (see section 13-5-37 );

(6) Site plan approval (see section 13-5-38 ); or

(7) Management plan (see section 13-5-39 ).

(c) In evaluating the merits of a proposed land use, the department or board shall apply the following criteria:

(1) The proposed land use is consistent with the purpose of the conservation district;

(2) The proposed land use is consistent with the objectives of the subzone of the land on which the use will occur;

(3) The proposed land use complies with provisions and guidelines contained in chapter 205A, HRS, entitled "Coastal Zone Management," where applicable;

(4) The proposed land use will not cause substantial adverse impact to existing natural resources within the surrounding area, community or region;

(5) The proposed land use, including buildings, structures and facilities, shall be compatible with the locality and surrounding areas, appropriate to the physical conditions and capabilities of the specific parcel or parcels;

(6) The existing physical and environmental aspects of the land, such as natural beauty and open space characteristics, will be preserved or improved upon, whichever is applicable;

(7) Subdivision of land will not be utilized to increase the intensity of land uses in the conservation district; and

(8) The proposed land use will not be materially detrimental to the public health, safety and welfare.

The applicant shall have the burden of demonstrating that a proposed land use is consistent with the above criteria.

(d) For uses on submerged lands and in state marine waters the requirements of this chapter are satisfied by complying with provisions of chapters 171 (public lands), 184 (state parks), 187A, 188, 189, and 190 (marine life management), 190D (ocean leasing), 195 (natural area reserves system), 195D (conservation of aquatic life and wildlife), and 200 (boating and ocean recreation), or their implementing rules.

Haw. Code R. § 13-5-30

[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-3, 183C-6)

For regulation of activities in:

State Parks; see Chapter 13-146.

Forest Reserves; see Chapter 13-104.

Natural Area Reserves System; see Chapter 13- 209.

Unencumbered Lands; see Chapter 13-221.

Marine Life Conservation Districts; see Title 13, Subtitle 4, Part 1.

Marine Fisheries Management Areas; see Title 13, Subtitle 4, Part 2.

Freshwater Fisheries Management Areas; see Title 13, Subtitle 4, Part 3.

Ocean Waters, Navigable Streams and Beaches; see Title 13, Subtitle 11, Part 3.