Section 15-150-11 - DeterminationThe lead agency shall, within thirty days after submission of the completed information for a proposed development, notify the applicant in writing that the director has determined the proposal to:
(1) Be exempt from the preparation of an environmental assessment under chapter 343, HRS, where the lead agency finds the proposal is exempt under section 11-200-8 of the environmental quality commission's EIS rules;(2) Be exempt from the requirements of this subchapter;(3) Meet the requirements for the special management area minor approval, and issue a negative declaration, which shall be filed with the office of environmental quality control where the lead agency finds that the proposed development: (A) Has a valuation or fair market value not in excess of $500,000; and(B) Will not significantly affect the special management area;(4) Require a special management area use approval, and shall issue a negative declaration which shall be filed with the office of environmental quality control if such is required under chapter 343, HRS, where the lead agency finds that the proposal:(A) Has a valuation or fair market value in excess of $500,000; and(B) Will not significantly affect the special management area as supported by studies which, in the lead agency's judgment, sufficiently describe the potential environmental effects on the special management area; or(5) Require a special management area use approval, and shall issue an EIS preparation notice with the office of environmental quality control, regardless of the valuation or fair market value of the proposal where the lead agency finds that the proposal may significantly affect the special management area and that sufficient information to evaluate this impact is not available.[Eff 2/25/2000; comp 4/17/2009; am and comp ] (Auth: HRS §§ 205A-26, 205A-28, 205A-30, 206E-8.5) (Imp: HRS §§ 91-2, 206E-8.5)