Hawaii Administrative Code

Notes Haw. Code R. §§ 13-222-3 to 13-222-6

(a) Application for a shoreline certification shall be in writing, addressed and mailed to the department. (b) The application shall contain the following: 1. The purpose for which the certification is being applied. 2. The location (district and island) and the tax map key numbe…

(a) A minimum of three sets of photographs, in color, shall be taken of all shorelines and shall be submitted, together with the application. (b) The shoreline as delineated on the map shall be indicated on each photograph. The permanent markings on the ground or flaggings placed…

(a) Maps filed with the application for shoreline certification shall be on whiteprints and shall be of one of the following sizes indicated in inches: 1.8-1/2 x 13 2. 10 x 15 3. 13 x 23 4. 15 x 21 5. 21 x 32 6. 22 x 36 7. 24 x 36 8. 30 x 36 9. 36 x 42 10. 42 wide with length of …

The purpose of this chapter is to determine what constitutes historic preservation and restoration projects on public lands for the purposes of section 171-36.2, HRS. Notes Haw. Code R. § 13-223-1 [Eff 2/6/88; am and comp OCT 03 2005] (Auth: HRS § 171-36.2) (Imp: HRS § 171-36.2)…

As used in this chapter: "Board" means the board of land and natural resources. "Burial site" means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological con…

(a) To determine if a proposed lease of public land is a historic preservation and restoration project for the purposes of section 171-36.2, HRS, the proposed lease, including the proposed mitigation plan, shall be reviewed by the department in accordance with sections 6E-7 and 6…

(a) The purpose of these rules is to manage, preserve, restore, and protect the natural and cultural resources of the reserve; to regulate activities within the reserve; and to protect public health and safety. (b) Except as otherwise noted in these rules, these rules shall apply…

No person or vessel shall enter or attempt to enter into or remain within the reserve unless such person or vessel: (a) Is specifically authorized to do so by the commission or its authorized representative as provided in section 13-261-11; or, (b) Is specifically authorized to d…

(a) Any person required by this chapter to obtain commission authorization to enter into or conduct activity within the reserve shall apply for such authorization by making written application to the commission. The forms for such application may be obtained from the commission o…

All persons entering the reserve should be aware of the many hazards in the reserve, including unexploded ordnance, and rough and dangerous terrain and waters. The commission does not assume any responsibility for loss of or damage to property or for injury to or death of persons…

(a) No person shall conduct any activity within the reserve unless such person is authorized to be within the reserve in accordance with section 13-261-10; (b) No person shall conduct any activity within the reserve, unless: (1) The commission first finds, consistent with chapter…

(a) Commercial activity is prohibited in the reserve. (b) Except as authorized by the commission or its authorized representative, activities not provided for in § 13-261-13 shall be prohibited, including, but not limited to, the following activities: (1) To take, disturb, injure…

Except as approved by the commission, no person shall: place, throw, deposit, or discharge, or cause to be placed, thrown, deposited, or discharged in the reserve any solid, semi-solid, liquid, or gaseous material, including but not limited to litter, pollutants, sewage, petroleu…

As used in this chapter, unless the context otherwise requires: "Aquatic life" means any species or subspecies of mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and in…

(a) The reserve means the entire island of Kaho'olawe and those waters and submerged lands seaward of the shoreline of Kaho'olawe island to a distance of approximately two miles as shown on Exhibit "1", dated March 28, 2002, which is located at the end of this subchapter and made…

These rules are declared to be severable and, if any portion of the application thereof to any person or property is held invalid for any reason, the validity of the remainder of these rules or the application of the remainder to other persons or property shall not be affected. N…

(a) Any person violating the rules in this chapter shall be punished as provided in sections 6K-8 and 6K8.5, Hawaii Revised Statutes. (b) Each day of each violation shall be deemed a separate offense. (c) Each specimen of aquatic life, terrestrial life, mineral, archeological art…

Notes Haw. Code R. § 13-261-6

Notes Haw. Code R. § 13-261-7

Notes Haw. Code R. § 13-261-8

Notes Haw. Code R. § 13-261-9

(a) The purpose of this chapter is to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of Hawaii by presenting a historic preservation review process for state and county projects. The review process …

The historic preservation review process ends when: (1) The SHPD agrees that adequate procedures have been taken to determine if historic properties are likely to be present in the project area, and no historic properties are found to be present or historic properties are conside…

(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…