Hawaii Administrative Code

(a) The review board shall render its decision and order in writing or on the record within a reasonable time after the close of the hearing. (b) A certified copy of the decision and order shall be delivered or mailed to each party within a reasonable time after its issuance by t…

In deciding whether a property should be entered and ordered into the Hawaii register, the review board shall evaluate whether the property meets or possesses, individually or in combination, the following criteria or characteristics: (1) The quality of significance in Hawaiian h…

The entering and ordering of a property into the Hawaii register signifies a recognition that the owner has a historic property, and that the preservation and maintenance of the property is contributing to the State's and nation's historic patrimony, and is thus serving the publi…

These rules govern practice and procedure before the natural area reserves system commission of the State of Hawaii under chapter 195, Hawaii Revised Statutes. The rules shall be construed to effectuate the purposes of said chapter and to secure the just, speedy, and inexpensive …

The commission shall consider all relevant comments and materials of record before taking final action in the formulation of policy, recommendation, or interpretation. Submittals by interested persons or agencies to the commission shall be filed with the executive secretary at th…

(a) All public records will be available for inspection in the office of the commission, Honolulu, Hawaii, during established office hours unless public inspection of such records is in violation of any State or Federal law. (b) Public records printed or reproduced by the commiss…

(a) The commission may at any time upon its own initiative or by application of any interested person or persons, hold public meetings as it may deem necessary for the purpose of providing as well as obtaining information necessary or helpful in the formulation of its policies, p…

(a) Any interested person may petition the commission requesting the adoption, amendment, or repeal of any rule within the commission's administrative rules of practice and procedure. (b) The petitions for adoption, amendment, or repeal of any rule shall state the reasons for see…

(a) On petition of an interested person, the commission may issue a declaratory order as to the applicability of any statutory provision or of any rule within the commission's rules of practice and procedure. (b) Petitions for declaratory rulings shall state the reasons for such …

As used in these rules, unless context requires otherwise: "Chairperson" means the chairperson of the natural area reserves system commission. "Commission" means the natural area reserves system commission established by section 195-6, Hawaii Revised Statutes "Executive secretary…

The office of the commission is in the Kalanimoku Building, Honolulu, Hawaii. All communications to the commission shall be addressed to the Natural Area Reserves System Commission, Department of Land and Natural Resources, State of Hawaii, Honolulu, Hawaii, unless otherwise spec…

The office of the commission shall be open from 7:45 a.m. to 4:30 p.m. of each day of the week except Saturdays, Sundays, and holidays, unless otherwise provided by statute or executive order. Notes Haw. Code R. § 13-208-4 [Eff. JUN 29 1981] (Auth: HRS Secs. 91-2, 195-6) (Imp: HR…

(a) The commission may meet and exercise its powers in any part of the State of Hawaii. (b) All meetings of the commission shall be open to the public, except that the commission may meet in executive session, as provided in section 92-4, Hawaii Revised Statutes. No recommendatio…

The public shall receive reasonable notice of all meetings through a newspaper of general circulation or by the sending of notices of meetings to all requesting to be on the mailing list for this purpose and other interested parties. Notes Haw. Code R. § 13-208-6 [Eff. JUN 29 198…

A quorum shall be as established in section 195-6, Hawaii Revised Statutes. Notes Haw. Code R. § 13-208-7 [Eff. JUN 29 1981] (Auth: HRS Sec. 195-6) (Imp: HRS Sec. 195-6)

The commission shall maintain minutes of its meetings, setting forth an accurate record of votes and actions taken at the meetings. Unless otherwise required by the Governor of the State, the minutes need not include a verbatim record of discussions at meetings. The minutes of th…

The executive secretary shall, in addition to any other duties, have charge of the commission's official records and shall be responsible for the maintenance and custody of the files and records of the commission and all its findings, determinations, reports, opinions, orders, ru…

(a) The purpose of these rules is to regulate activity within natural area reserves established pursuant to section 195-4, Hawaii Revised Statutes. (b) These rules shall apply to all persons entering the boundaries of a natural area reserve. Notes Haw. Code R. § 13-209-1 [Eff 6/2…

As used in these rules, unless context requires otherwise: "Board" means the board of land and natural resources. "Commission" means the natural area reserves system commission. "Department" means the department of land and natural resources. "Game mammals and birds" means those …

Hiking and nature study of group size often or less are permitted except where restricted pursuant to sections 13-209-4.5 and 13-209-4.6. Hunting is a permitted activity pursuant to hunting rules of the department. Notes Haw. Code R. § 13-209-3 [Eff 6/29/81; am 1/26/07] (Auth: HR…

1. Section 13-209-4, Hawaii Administrative Rules, is amended to read as follows: The following activities are prohibited within a natural area reserve: (1) To remove, injure, or kill any form of plant or animal life, except game mammals and birds hunted according to department ru…

(a) All applications for special-use permits shall be submitted in writing to the board or its authorized representative on the form prescribed by the department. The application shall contain the following information: (1) Name of applicant, and if relevant, affiliation and titl…

Any person violating any of the provisions of these rules shall be penalized as provided in section 195-8, Hawaii Revised Statutes. Notes Haw. Code R. § 13-209-6 [Eff 6/29/81] (Auth: HRS § 195-5) (Imp: HRS § 195-8)

Ahihi-Kinau natural area reserve parking areas will be closed daily between 8:00 p.m. and 5:00 a.m., including holidays. Notes Haw. Code R. § 13-209-5.7 [Eff 9/18/2017] (Auth: HRS §§ 195-5) (Imp: HRS §§ 195-5) Am 2/3/2019

As may be prescribed from time to time by the department, no person shall use the Kanahena lot, shown in Exhibit "1", without payment of parking fees and charges and may only park in areas designated by the department. No person shall use a parking area within the Ahihi-Kinau nat…

(a)The department may detain, tow, move, or cause to be moved to an impounding area, at the owner's risk and expense and without liability for any damage which may result, any motor vehicle:(1) For nonpayment of parking charges when a vehicle is parked in a vehicular parking area…

(a) The purpose of this chapter is to govern the natural area partnership program established pursuant to section 195-6.5, HRS. (b) This chapter shall apply to all applicants applying foil matching natural area partnership funding. Notes Haw. Code R. § 13-210-1 [Eff JAN 08 1999] …

Upon completion of the partnership agreement, the department shall submit a recommendation for project approval to the board. Notes Haw. Code R. § 13-210-10 [Eff JAN 08 1999] (Auth: HRS § 195-6.5(b)(5)) (Imp: HRS §§ 195-6.5(b)(2), 195-6.5(b)(5))

(a) The initial duration of the partnership agreement shall be six years subject to the following conditions: (1) The annual renewal date of the partnership agreement shall be July 1 of each year during which the partnership agreement is in effect; (2) On each such annual renewal…

(a) The managing partner shall submit a six-month and an annual report, to the department for each year in which the managing partner receives funding under the program. Due dates for these reports shall be set in the partnership agreement. (b) The six-month report shall include …

(a) Within thirty days following receipt of an invoice from the managing partner at the beginning of each fiscal year in which the State has approved and appropriated funding under the program, the State shall pay to the managing partner an amount equal to one-third of the State'…

(a) The managing partner may propose for approval by the department, and the department may approve, minor alterations to the approved management plan which will not. have a material adverse impact on the achievement of the overall management objectives of the management plan. (b…

(a) The partnership agreement may only be terminated for one of the following reasons on the following terms: (1) The partnership agreement is subject to continued state funding of the State's two-thirds share of the approved management plan budget. If in any fiscal year, either …

In the event that the managing partner defaults on the partnership agreement as provided in section 13-210-15(a)(4) and the State has followed the lack of performance notification procedures as outlined in the partnership agreement, the managing partner shall promptly pay to the …

Upon receipt of a request by the managing partner or on the department's own initiative, the department may request that the managing partner and any affected persons identified as necessary to the resolution of the dispute participate in mediation. Participation by the parties s…

(a) All unresolved disputes arising under the partnership agreement shall be referred to a board of arbitration. The disputing party shall notify the other of such fact in writing, and a board of three arbitrators, who shall be experienced and familiar with both the natural ecolo…

As used in this chapter, unless the context requires otherwise: "Annual acceptance" means a written notice from the department to the managing partner advising the managing partner of the satisfactory fulfillment of the partnership agreement's annual requirements. "Applicant" mea…

Department responsibilities as listed in this chapter may be delegated by the department to either the commission or the division. Notes Haw. Code R. § 13-210-3 [Eff JAN 08 1999] (Auth: HRS § 195-6.5(b) (5)) (Imp: HRS § 195-6.5(a))

In order to qualify under this program, the applicant shall: (1) Be a landowner or a cooperating entity of private lands of natural area reserve quality, as established by the department; (2) Dedicate the private land in perpetuity through transfer of fee title or conservation ea…

The following steps shall be required for program enrollment: (1) The department shall publish a notice describing the program and requesting pre-proposals as outlined in section 13-210-6; (2) The applicant shall submit a pre-proposal to the department as outlined in section 13-2…

The department shall publish or cause to be published in at least one newspaper of general circulation in the State a notice that describes the program and notifies private landowners that the department is accepting pre-proposals for participation in the program. This notice sha…

(a) Landowners or cooperating entities who wish, to participate in. the program shall submit a pre-proposal to the department by the deadline established in the public notice. (b) The pre-proposal shall include, but not be limited to, the following: (1) Name of landowner, coopera…

(a) The department shall request a detailed management plan provided: (1) The pra-proposal has been approved following the guidelines set in section 13-210-7; and (2) State funds are available to fund the implementation of proposed management activities on a two-for-one match wit…

(a) The department shall prepare a partnership agreement with the managing partner for board approval following either: (1) The completion of an environmental assessment and the publication of a determination of no significant environmental effect and issuance of a negative decla…

To establish fees for the processing of certain public documents and records as authorized under section 171-6(5), Hawaii Revised Statutes. Notes Haw. Code R. § 13-219-1 [Eff JUN 22 1981] (Auth: HRS § 171-6) (Imp: HRS § 171-6)

Fees for the processing of public documents and records shall be charged as follows: (1) Assignment of Lease with Consent $ 30.00 (2) Assignment of Special Sale Agreement (Agreement of Sale with Consent) 30.00 (3) Collateral Agreement 30.00 (4) Consent 22.50 (5) Copy (A) Photosta…

Fees for services performed by the department shall be charged as follows: (1) Appraisal Fee (by private appraisers) Cost to department but not less than $25 (2) Survey Fee $ 25.00 for maps and descriptions, plus such other additional fees as may be deemed necessary or desirable …