Hawaii Administrative Code

(a) No member of the appeals panel shall sit in any proceeding in which the member has any pecuniary or business interest involved in the proceeding. If, after declaring any pecuniary interest or consanguinity to the parties, the parties do not oppose the member from sitting in a…

(a) No party, or person petitioning to be a party to a hearing before the appeals panel, nor their employees, representatives, or agents, shall make any unauthorized ex parte communication either oral or written concerning the appeals hearing to any member of the appeals panel wh…

(a) A proceeding shall be deemed submitted for decision by the appeals panel after the taking of evidence, the filing of briefs, the consideration of motions, and the presentation of oral arguments permitted or prescribed by the presiding officer. (b) A party to the proceeding ma…

(a) The appeals panel may reconsider a decision it has made on the merits only if the moving party can show: (1) New information that was not previously available would affect the result; or (2) That a substantial injustice would occur. (b) In either case, a motion for reconsider…

(a) Parties to the proceedings who are aggrieved by the decision of the appeals panel may obtain judicial review of the decision in the manner set forth in section 91-14, HRS, provided that the court also reverse or modify a finding of the appeals panel if the finding appears to …

If any provision, section, paragraph, sentence, clause, phrase, or term of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect any remaining provisions, sections, paragraphs, sentences, clauses, phrases, terms, or…

Notes Haw. Code R. §§ 13-300-68 to 13-300-70

The purpose of this chapter is to regulate land-use in the conservation district for the purpose of conserving, protecting, and preserving the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public …

(a) There are hereby established subzones within the conservation district, as listed in Exhibit 1, entitled "Subzone Designations: June 28, 2019", which is located at the end of this chapter and made a part of this section. Subzone designations of conservation district lands are…

(a) The objective of this subzone is to protect valuable resources in designated areas such as restricted water-sheds, marine, plant, and wildlife sanctuaries, significant historic, archaeological, geological, and volcanological features and sites, and other designated unique are…

(a) The objective of this subzone is to limit uses where natural conditions suggest constraints on human activities. (b) The (L) subzone shall encompass: (1) Land suscetible to floods and soil erosion, land undergoing major erosion damage and requiring corrective attention by the…

(a) The objective of this subzone is to develop, with proper management, areas to ensure sustained use of the natural resources of those areas. (b) The (R) subzone shall encompass: (1) Lands necessary for providing future parkland and lands presently used for national, state, cou…

(a) The objective of this subzone is to designate open space where specific conservation uses may not be defined, but where urban use would be premature. (b) The (G) subzone shall encompass: (1) Lands with topography, soils, climate, or other related environmental factors that ma…

The objective of this subzone is to provide for sustainable use of areas possessing unique developmental qualities that complement the natural resources of the area. The special subzones are listed in Exhibit 2, entitled "Special Subzones: June 28, 2019", which is located at the …

(a) A landowner or government agency whose property is directly affected by this chapter may apply to the department to establish a new subzone, rezone an existing subzone, or change a boundary or identified land uses of a subzone. The board can initiate action under this section…

(a) Prior to the department receiving for processing any application for a permit, if the applicant's proposed land use lies within fifty feet of a subzone boundary, the applicant shall first notify the department of the intended use and seek a determination of the precise bounda…

Notes Haw. Code R. §§ 13-5-18 to 13-5-21

As used herein unless otherwise provided: "Accessory use" means use of land or of a building or a portion thereof that is customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. "Aquaculture" means th…

(a) If a proposed use in the protective subzone is not presented below, an applicant may request a temporary variance, petition the land use commission for a land use district boundary change, or initiate an administrative rule amendment to have the proposed use added to the iden…

(a) In addition to the land uses identified herein, all identified land uses and their associated permit or site plan approval requirements listed for the protective subzone also apply to the limited subzone, unless otherwise noted. (b) If a proposed use is not presented below or…

(a) In addition to the land uses identified herein, all identified land uses and their associated permit or site plan approval requirements listed for the protective and limited subzones also apply to the resource subzone, unless otherwise noted. (b) If a proposed use is not pres…

(a) In addition to the land uses identified herein, all identified land uses and their associated permit or site plan approval requirements listed for the protective, limited and resource subzones also apply to the general subzone, unless otherwise noted. (b) If a proposed use su…

Notes Haw. Code R. §§ 13-5-26 to 13-5-29

Any final order of the department based upon this chapter may be appealed to the circuit court of the circuit in which the land in question is found. Notes Haw. Code R. § 13-5-3 [Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-8) See chapter 91, Hawaii Revised Statutes and…

(a) Land uses requiring comprehensive review by the board are processed as board permits, management plans and temporary variances. Departmental permits and emergency permits are processed by the department and approved by the chairperson. Site plans are processed by the departme…

(a) Applications for all permits provided for in this chapter shall be submitted to the department on the form prescribed by the department. The application shall contain: (1) A draft environmental assessment, or environmental impact statement, as applicable; (2) Associated plans…

Each application shall be accompanied by such filing fees as specified in this chapter. All fees shall be in the form of cash, certified or cashier's check, and payable to the State of Hawaii. Notes Haw. Code R. § 13-5-32 [Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-3)…

(a) Applications for departmental permits shall be submitted to the department in accordance with section 13-5-31. (b) In those applications whose identified land uses require a combination of board permit (s) and departmental permit (s), a board permit shall be required covering…

(a) Applications for board permits shall be submitted to the department in accordance with section 13-5-31. (b) A public hearing, if applicable, shall be held in accordance with section 13-5-40. (c) The application for a board permit shall be accompanied by: (1) An application fe…

(a) In the event of an emergency, repair and reconstruction shall be expedited via the issuance of an emergency permit. (b) The following actions shall be processed as a departmental permit: (1) Repair or reconstruction of a structure to the same condition as existed prior to the…

(a) Notwithstanding any provision of this chapter to the contrary, the board may grant temporary variances from identified land uses when the board determines that: (1) There are special and unique circumstances applying to the- proposed land use at its particular location; (2) T…

(a) This chapter shall not prohibit the continuance of, or repair of nonconforming uses as defined in this chapter. The burden of proof to establish that the land use or structure is legally nonconforming shall be on the applicant. (b) Any land identified as a kuleana may be put …

(a) Where required, an applicant shall submit site plans, including construction, grading, site restoration, landscaping or any other plans to the department for its review and approval. All plans shall first obtain department approval before they are submitted for approval by th…

(a) Where required, management plans shall be submitted with the board permit application and shall include the requirements listed in Exhibit 3, entitled "Management Plan Requirements, dated September 6, 1994." (b) An annual report to the department is required which shall inclu…

Upon receipt of a request or on the board's own initiative, the board may request that the petitioner and any affected persons identified as necessary to the resolution of the dispute to participate in mediation. Participation by the parties shall be voluntary. All requests deali…

(a) Public hearings shall be held: (1) On all applications for a proposed use of land for commercial purposes; (2) On changes of subzone. or boundary, establishment of a new subzone, changes in identified land use, or any amendment to this chapter; (3) On applications requiring a…

(a) Single family residential uses approved by the board shall comply with the design standards contained in Exhibit 4, entitled "Single Family Residential Standards, dated September 9, 2005. (b) Not more than one single family residence shall be authorized within the conservatio…

(a) Any land use allowed within the conservation district is subject to the following standard conditions: (1) The applicant shall comply with all applicable statutes, ordinances, rules, and regulations of the federal, state, and county governments, and applicable parts of this c…

(a) Permittees may request time extensions for the purpose of extending the period of time to comply with the conditions of a permit. (b) Time extensions may be granted as determined by the chairperson on all departmental permits and on the first request for extension of a board …

In any case where a permittee has failed to comply with any of the conditions contained in a permit, the board may direct the chairperson to revoke the permit. Notes Haw. Code R. § 13-5-44 [Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-3, 183C-7)

The provisions of these rules are declared to be severable, and if any portion or 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…

(a) Whenever any landowner or government agency whose property is directly affected by this chapter makes an application to change the boundaries or identified land uses of any subzone, rezone a subzone, establish a new subzone with certain identified land uses or when a person s…

(a) Any person, firm, government agency, or corporation violating any of the provisions of this chapter or permits issued pursuant thereto shall be punished as provided in chapter 183C, HRS. (b) The board may delegate to the department or a hearing officer the authority to adjudi…

(a) This chapter shall not prohibit the continuance, or repair and maintenance, of nonconforming land uses and structures as defined in this chapter. (b) Any land identified as a kuleana may be put to those uses which were historically, customarily, and actually found on the part…

Notes Haw. Code R. §§ 13-5-8 to 13-5-9

This chapter recognizes and sets forth the rights and privileges of individuals or groups to engage publicly in assemblies and meetings, or to sell or distribute literature in parks and other sites designated in this chapter under the jurisdiction, management, and operation of th…

These rules govern expressive activities in parks and other sites designated in this chapter under the jurisdiction, management, and operation of the department of land and natural resources. Notes Haw. Code R. § 13-7-2 [Eff MAY 06 1996] (Auth: HRS §§ 171-6, 171-7) (Imp: HRS §§ 1…