Hawaii Administrative Code

(a) The SHPD shall reconsider the findings under sections 13-275-5 (adequate identification and inventory procedures), 13-275-6 (significance evaluations), 13-275-7 (determination of effects), and 13-275-8 (mitigation), when new information is submitted by an interested party wit…

If a previously unknown historic property is found after the acceptance of the inventory report or during the implementation of a project, then the historic preservation review process is reopened. This action, however, applies only to the immediate area where a historic property…

(a) When an agency proposes an emergency project as an essential and immediate response to an imminent threat to public health, safety, or welfare as a result of natural disaster or state of emergency as provided by law, the agency shall consult with the SHPD to attempt to develo…

Any violation of this chapter may result in denial or revocation of the SHPD's written concurrence or agreement, and prosecution under Section 6E-11, Hawaii Revised Statutes. Notes Haw. Code R. § 13-275-14 [Eff DEC 11 2003] (Auth: HRS §§ 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-7, 6E-8,…

As used in this chapter unless the context requires otherwise: "Agency" means any state or county governmental entity. "Archaeological data recovery" means the form of mitigation that archaeologically records or recovers a reasonable and adequate amount of information as determin…

(a) For the department to provide a letter of determination, an agency proposing a project which may have an effect upon historic properties shall notify the department of the proposed project and request a letter of determination. Upon the request of the department, the agency s…

(a) The division may require a $25 filing fee per request for a determination letter. In addition, filing fees will be charged for the following: (1) $50 for an archaeological assessment report; (2) $150 for an archaeological inventory survey plan; (3) $450 for an archaeological,…

(a) The agency shall be responsible for determining whether historic properties are present in the project area and, if so, to properly identify and inventory the properties. (b) An agency shall first consult the SHPD to determine if the area proposed for the project needs to und…

(a) Once a historic property is identified, then an assessment of significance shall occur. The agency shall make this assessment or delegate this assessment, in writing, to the SHPD. This information shall be submitted in the survey report, if historic properties were found thro…

(a) The effects or impacts of a project on significant properties shall be determined by the agency. Effects include direct as well as indirect impacts. One of the following effect determinations must be established: (1) "No historic properties affected". The project will have no…

(a) If a project will have an "effect" (impact) on significant historic properties, then a mitigation commitment proposing the form of mitigation to be undertaken for each significant historic property shall be submitted by the agency to the SHPD for review and approval. (1) Miti…

(a) Once the detailed mitigation plans are carried out, a request for verification shall be submitted by the agency to the SHPD. This request shall document completion of the detailed mitigation plans' tasks-usually in the form of a completion report, with one copy submitted. For…

This chapter establishes standards for archaeological inventory surveys and reports required by chapters 13-275 and 13-284 for the historic preservation review process. Notes Haw. Code R. § 13-276-1 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-7, 6E-8, 6E-42)…

As used in this chapter unless the context requires otherwise: "Ahupua'a" means a traditional Hawaiian land division usually extending from the mountain to the sea. "Archaeological inventory survey" means the process of identifying and documenting the archaeological historic prop…

An archaeological inventory survey shall: (1) Determine if archaeological historic properties are present in the project area and, if so, identify all such historic properties. (2) Gather sufficient information to evaluate each historic property's significance in accordance with …

(a) Portions of the project area that have no adequate inventory survey reports prepared for them shall undergo archaeological inventory survey to determine whether archaeological historic properties are present and, if so, to present their description, interpretation, and locati…

(a) An archaeological inventory survey report shall be prepared to record and synthesize the data gathered from background research, field survey and consultation process with knowledgeable individuals. The report shall include: (1) Identification of the survey area: (A) On a 1:2…

(a) All collections, excluding human remains and grave goods, from public lands shall be placed in an acceptable archive to be designated by the SHPD. Arrangements shall be made with private landowners on the disposition of collections from their lands. If private landowners requ…

Significance evaluations shall be included in the survey report. They shall be included at the end of each site description and in a separate section of the report, which shall be labeled "Significance Assessments" and shall include a summary table listing all sites and their sig…

Recommendations such as mitigation commitments shall be included in the survey report. They shall be included in the summary table listing all the sites and their significance. Notes Haw. Code R. § 13-276-8 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-7, 6E-8,…

Non-compliance with the provisions and procedures established by this chapter shall result in a directive to the person not to proceed with project ground alteration, a denial or revocation of SHPD written concurrence or agreement, and shall also be penalized as provided in secti…

This chapter provides standards for preservation approaches to ensure proper preservation in the public's interest. Notes Haw. Code R. § 13-277-1 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-3, 6E-7, 6E-8, 6E-42)

As used in this chapter unless the context requires otherwise; "Agency" means any state or county governmental entity. "Consultation process" means notifying interested organizations and individuals that a project could affect historic properties of interest to them; seeking thei…

A preservation plan prepared pursuant to chapters 13-275 or 13-284, shall: (1) Identify for each significant historic property which forms of preservation will be implemented: avoidance and protection (conservation), stabilization, rehabilitation, restoration, reconstruction, int…

(a) Buffer zones shall ensure that the integrity and context of the historic property is preserved, in many cases including the visual integrity. (b) The size of a buffer zone shall be proposed by the person or agency on a site-by-site basis. Size will vary with the local terrain…

Interim protection measures shall protect the significant historic property and its buffer zone during construction activities. Interim measures may include: (1) Flagging the perimeter of the buffer zone; (2) Erecting barriers (such as plastic fencing) along the buffer zone; (3) …

Long term preservation measures shall follow the appropriate Secretary of the Interior's Standards for Historic Preservation Projects. The preservation plan shall address the following long term preservation measures: (1) Maintenance measures to be followed; (2) Methods for clear…

(a) When using interpretive text for signs, brochures, etc., the text shall be reviewed and approved by SHPD. (b) Interpretive signs shall be: (1) Of sufficient quality to enhance public understanding of the site; (2) Culturally sensitive, based on consultation with appropriate o…

Non-compliance with the provisions and procedures established by this chapter may result in a directive to the person not to proceed with construction in the project area, a denial or revocation of SHPD's written concurrence or agreement, and penalties as provided in section 6E-1…

This chapter establishes uniform standards for archaeological data recovery studies and reports, to ensure the overall quality of mitigation measures and to better protect the public's interests. Notes Haw. Code R. § 13-278-1 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-3…

As used in this chapter unless the context requires otherwise: "Ahupua'a" means a traditional Hawaiian land division usually extending from the mountain to the sea. "Archaeological data recovery" means the form of mitigation that archaeologically records or recovers a reasonable …

(a) An archaeological data recovery plan (research design) shall be prepared by an archaeologist who meets the minimum requirements under chapter 13-281 prior to the start of archaeological data recovery. This plan shall: (1) A management summary that presents concise information…

(a) The archaeological data recovery report shall be prepared by an archaeologist who meets the minimum requirements under chapter 13-281. It shall include the following: (3) The site's formal type (e.g. C-shaped enclosure, platform, enclosure, wall, paving, etc.). If it has seve…

(a) All collections, excluding human remains, from public lands shall be placed in an acceptable archive to be designated by the SHPD. Arrangements shall be made with private landowners on the disposition of collections from their lands. If private landowners request archiving of…

Non-compliance with the provisions and procedures established by this chapter may result in a directive to the person not to proceed with construction in the project area, a denial or revocation of SHPD's written concurrence or agreement, and penalties as provided in section 6E-1…

This chapter establishes standards for archaeological monitoring studies and reports, to improve the overall quality of this activity and to better protect the public's interests. Notes Haw. Code R. § 13-279-1 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-3, 6E-7, 6E-8, 6E…

As used in this chapter unless the context requires otherwise: "Ahupua'a" means a traditional Hawaiian land division usually extending from the mountain to the sea. "Archaeological data recovery" means the form of mitigation that archaeologically records or recovers a reasonable …

Archaeological monitoring may be an identification, mitigation, or post-mitigation contingency measure. Monitoring shall entail the archaeological observation of, and possible intervention with, on-going activities which may adversely affect historic properties. Notes Haw. Code R…

(a) Archaeological monitoring undertaken in response to SHPD requirements or recommendations shall be based on a written plan, which specifies: (1) What kinds of archaeological remains or historic properties are anticipated or require protection; (2) Where in the project area the…

A monitoring report, prepared by an archaeologist who meets the minimum requirements under chapter 13-281, shall be submitted for monitoring undertaken in response to SHPD requirements or recommendations. It shall include the following: (1) Management Summary, including: (A) Pres…

(a) All collections, excluding human remains, from public lands shall be placed in an acceptable archive to be designated by the SHPD. Arrangements shall be made with private landowners on the disposition of collections from their lands. If private landowners request archiving of…

Non-compliance with the provisions and procedures established by this chapter shall result in a directive to the person not to proceed with construction in the project area, shall result in a denial or revocation of SHPD's written concurrence or agreement, and shall also be penal…

The inadvertent discovery of a historic property, other than a burial site, found after an archaeological assessment or inventory survey needs to be addressed in all mitigation plans. This chapter provides an expedited process to handle these discoveries. Notes Haw. Code R. § 13-…

As used in this chapter unless the context requires otherwise: "Agency" means any state or county governmental entity. "Archaeological data recovery" means the form of mitigation that archaeologically records or recovers a reasonable and adequate amount of information as determin…

(a) The procedure to handle a discovery of a historic property, other than a burial site, during the course of work on a project which has already gone through the historic preservation review process, is as follows: (1) Halt construction in the immediate area and do not disturb …

The project may proceed in the area of the inadvertently discovered historic property when: (1) The SHPD verifies the execution of the mitigation plan; (2) The SHPD verifies in writing that the archaeological data recovery fieldwork is completed, with the condition that the repor…

Non-compliance with the provisions and procedures established by this chapter shall result in a directive to the person not to proceed with construction in the project area, shall result in a denial or revocation of SHPD's written concurrence or agreement, and shall also be penal…

The purpose of this chapter is to establish professional qualifications for archaeologists, architects, architectural historians, ethnographers, historians, and physical anthropologists who undertake projects which must be reviewed by the state historic preservation division. Not…

Should any archaeological, historical, ethnographic, architectural, architectural historical, or physical anthropological (osteological) work be conducted as part of the historic preservation review process (chapters 13-275 and 13-284) or under an archaeological permit (chapter 1…

As used in this chapter unless the context requires otherwise: "Historic preservation review process" means the process specified in chapters 13-275 and 13-284, used to comply with sections 6E-7, 6E-8 and 6E-42, HRS. "Person" means any individual, firm, association, agency, organ…