Hawaii Administrative Code

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…

An archaeologist serving as principal investigator for any archaeological project shall have the following professional qualifications: (1) A graduate degree from an accredited institution in archaeology, or anthropology, with a specialization in archaeology, or an equivalent fie…

An architect shall possess a Hawaii license to practice architecture. Notes Haw. Code R. § 13-281-4 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-3, 6E-7, 6E-6, 6E-42)

An architectural historian shall possess one or both of the following professional qualifications: (1) A graduate degree from an accredited institution in architectural history, art history, historic preservation, or a closely related field with coursework in American architectur…

(a) An ethnographer shall possess one of the following professional qualifications: (1) A graduate degree from an accredited institution in anthropology, with a specialization in cultural or social anthropology, or in a closely related field; or (2) A bachelor's degree from an ac…

A historian shall possess one or both of the following professional qualifications: (1) A graduate degree from an accredited institution in history or a closely related field. (2) A bachelor's degree from an accredited institution in history or a closely related field, plus at le…

A physical anthropologist shall possess the following professional qualifications: (1) A graduate degree from an accredited institution in anthropology or anatomy with a specialization in physical anthropology and human osteology or forensic anthropology; and (2) Demonstrated abi…

The state historic preservation division, upon request, shall advise agencies or persons whether an individual meets the minimal professional qualifications. The state historic preservation division shall maintain a list of archaeologists who are known by the SHPD to meet these m…

Chapter 6E, HRS, authorizes the department of land and natural resources to regulate archaeological activities throughout the state. This rule establishes a permit system for all archaeological field work undertaken anywhere in this state, other than on federal lands, to ensure t…

As used in this chapter unless the context requires otherwise; "Agency" means any state or county governmental entity. "Applicant" means archaeological consulting firms, museums, universities, non-profit institutions, or scholars who desire to undertake archaeological field work …

(a) No archaeological firms, independent individuals, agencies or organizations shall perform any alteration to historic properties in the state of Hawaii until an annual permit is first obtained from the department. Permits shall only be issued to archaeological consulting firms…

An archaeological permit application shall be accompanied by a filing fee of $50. All fees shall be in the form of cash, certified or cashier's check, and payable to the Hawaii historic preservation special fund. Notes Haw. Code R. § 13-282-4 [Eff DEC 11 2003] (Auth: HRS § 6E-3) …

Should a party alter an archaeological property without a permit or should not fulfill a permit's conditions: (1) The principal investigator of the archaeological work or the firm, or both shall be subject to penalties as covered under section 6E-11, HRS; (2) The principal invest…

(a) Burial sites with human skeletal remains have cultural significance and are sensitive historic properties, significant to the descendants and to the relevant cultural group. Burials are quite different from other historic properties. Human remains, under American Common law, …

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. "Burial site" means any specific unmarked location where prehistoric or historic human skeletal remains and their a…

The procedures for osteological analysis are set forth in chapter 13-300. Recording shall involve completion of forms available at the SHPD. Only those forms which are relevant to the recovered remains are to be completed. The forms are: (1) Individual summary record. (2) Burial …

(a) A report on the osteological analyses, shall be prepared by a physical anthropologist meeting the qualifications set forth in chapter 13-281. The report shall include the following: (1) Abstract, including the number of individuals studied, their ethnic affiliation and the na…

Because human remains are highly sensitive to many individuals and ethnic groups, all archaeological excavations and osteological laboratory analysis shall treat the remains with dignity and respect. Notes Haw. Code R. § 13-283-5 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ …

Non-compliance with the provisions and procedures established by this chapter shall result in a denial or revocation of SHPD's written historic preservation review concurrence or agreement, and shall also be penalized as provided in section 6E-11, HRS, and applicable laws. Notes …

(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 articulating a historic preservation review process for projects requiring the approval of a state or…

(a) The historic preservation review process ends when: (1) 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) Upon the request of an agency the SHPD shall reconsider the findings under sections 13-284-5 (adequate identification and inventory procedures), 13-284-6 (significance evaluations), 13-284-7 (determination of effects), and 13-284-8 (mitigation), should an agency believe new i…

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

Failure to obtain the written comments of the SHPD in accordance with this chapter shall result in a SHPD comment to the agency not to proceed with the project. Notes Haw. Code R. § 13-284-13 [Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-10, 6E-11, 6E-42)…