reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-16 - Designation of subzones

Current through June, 2024
(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.
(b) The
				  application shall include the following:
(1)
				  Name of applicant;
(2) Name of
				  landowner(s) , if different from applicant, or any person or entity with the
				  landowner's written consent;
(3)
				  Property description of land being affected by tax map key parcel (metes and
				  bounds may be required when the department deems necessary) ;
(4) Map of area drawn to scale;
(5) Background of applicable land use
				  commission petition, including a final decision and order (for new subzone
				  designations) ;
(6) Existing
				  subzone classification or land use zoning designations of subject property and
				  surrounding properties;
(7)
				  Geographic characteristics:
(a) General
				  topography and slope; and
(b) Soils
				  types and productivity rating (e.g. Agricultural Lands of Importance to the
				  State of Hawaii (ALISH) and proposed Land Evaluation and Site Assessment
				  (LESA);
(8) Climatic
				  characteristics (e.g. rainfall, predominant wind direction annually);
(9) Hydrological characteristics (e.g.
				  surface water, groundwater, drainage patterns) and applicable water area
				  classification, if applicable, (e.g. restricted watershed, groundwater recharge
				  area);
(10) Biological (flora and
				  fauna) characteristics (e.g. vegetation, wildlife, specific identified species,
				  or habitat of identified threatened or endangered species);
(11) A list of historic properties in the
				  project area;
(12) Scenic or visual
				  resources (e.g. significant view planes and geological features);
(13) Infrastructure evaluations (e.g. roads
				  and access, water systems, sewage systems, drainage systems, recreational
				  facilities, community population, income and household characteristics,
				  utilities availability);
(14)
				  Review of property characteristics in relation to subzone objectives;
(15) Evaluation and recommendation of
				  appropriate subzone designation and boundary characteristics; and
(16) Application fee of $100 and public
				  hearing fee of $250.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 2 - SUBZONES › Section 13-5-17 - Boundary determinations; criteria

Current through June, 2024
(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 boundary of the subzone with respect to the parcel
				  in question Applications shall be accompanied by a fee of $50.
(b) The notification shall include all
				  relevant information, including topographical maps, subzone maps, and tax
				  maps.
(c) The department shall have
				  thirty days within which to issue its determination, after which the party
				  seeking the permit is free to make application.
(d) The applicant can appeal the departmental
				  determination to the board. The board shall resolve any uncertainty regarding
				  the location of the subzone boundary and the board's determination shall be
				  final.
(e) In all cases, the
				  determination of subzone boundaries shall utilize the following criteria:
(1) The boundary shall follow natural or
				  fixed physical features;
(2) The
				  boundary shall be defined by a series of straight lines;
(3) Where coterminous with forest reserve
				  boundaries, the boundary shall be determined by metes and bounds descriptions
				  of the forest reserve; or
(4) Where
				  a subzone boundary follows an elevation, the boundary shall be determined by
				  reference to topographical maps or other evidence that may be used to establish
				  elevation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 3 - IDENTIFIED LAND USES AND REQUIRED PERMITS › Section 13-5-24 - Identified land uses in the resources subzone

Current through June, 2024
(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
				  presented below or in sections 13-5-22 or 23, an applicant may request a
				  temporary variance, petition the land use commission for a land use district
				  boundary change, or initiate an administrative rule change to have the proposed
				  use added to the identified land uses.
(c) Identified land uses in the resource
				  subzone and their required permits (if applicable), are listed below:
(1) Identified land uses beginning with
				  letter (A) require no permit from the department or board;
(2) Identified land uses beginning with
				  letter (B) require a site plan approval by the department;
(3) Identified land uses beginning with
				  letter (C) require a departmental permit; and
(4) Identified land uses beginning with
				  letter (D) require a board permit, and where indicated, a management plan.
R-1 AQUACULTURE
(D-1) Aquaculture under an approved
				  management plan.
R-2 ARTIFICIAL REEFS
(D-1) Artificial reefs.
R-3 ASTRONOMY FACILITIES
(D-1) Astronomy facilities under an approved
				  management plan.
R-4 COMMERCIAL FORESTRY
(D-1) Commercial forestry under an approved
				  management plan.
R-5 LANDSCAPING
(B-1) Landscaping, defined as alteration of
				  plant cover, including trees, in an area of ten thousand square feet or
				  less.
(C-1) Landscaping, defined as
				  alteration of plant cover, including trees, in an area of more than ten
				  thousand square feet.
R-6 MARINE CONSTRUCTION
(C-1) Maintenance dredging not to exceed the
				  dredging limits for the area as- previously authorized by board
				  permit.
(D-1) Marine construction,
				  dredging, filling, or any combination thereof of submerged lands.
R-7 MINING AND EXTRACTION
(D-1) Mining and extraction of any material
				  or natural resource.
R-8 SINGLE FAMILY RESIDENCE
(D-1) A single family residence that conforms
				  to design standards as outlined in this chapter.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 3 - IDENTIFIED LAND USES AND REQUIRED PERMITS › Section 13-5-25 - Identified land uses in the general subzone

Current through June, 2024
(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 subzone is not presented below or in sections 13-5-22, 23 or 24, an
				  applicant may request a temporary variance, petition the land use commission
				  for a land use district boundary change, or initiate an administrative rule
				  change to have the proposed use added to the identified land uses.
(c) Identified land uses in the general
				  subzone and their required permits (if applicable), are listed below:
(1) Identified land uses with the prefix (A)
				  require no permit from the department or board;
(2) Identified land uses with the prefix (B)
				  require site plan approval by the department;
(3) Identified land uses with the prefix (C)
				  require a departmental permit; and
(4) Identified land uses with the prefix (D)
				  require a board permit and, and where indicated, a management plan.
G-1 OPEN SPACE
(D-1) Land uses promoting natural open space
				  and scenic value including those with accessory structures; provided, however,
				  that no new golf courses shall be developed in the conservation district.
G-2 LAND USES NOT PREVIOUSLY IDENTIFIED
(D-1) Land uses not previously identified in
				  sections 13-5-22, 23 or 24, which are consistent with the objectives of the
				  general subzone.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-30 - Permits, generally

Current through June, 2024
(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 department and approved by the chairperson, or his
				  designated representative.
(b)
				  Unless provided in this chapter, land uses shall not be undertaken in the
				  conservation district. The department shall regulate land uses in the,
				  conservation district by issuing one or more of the following approvals:
(1) Departmental permit (see section 13-5-33
				  );
(2) Board permit (see section
				  13-5-34 );
(3) Emergency permit
				  (see section 13-5-35 );
(4)
				  Temporary variance (see section 13-5-36 );
(5) Nonconforming uses (see section 13-5-37
				  );
(6) Site plan approval (see
				  section 13-5-38 ); or
(7)
				  Management plan (see section 13-5-39 ).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-31 - Permit applications

Current through June, 2024
(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 such as location map,
				  site plan, floor plan, elevations and landscaping plans drawn to
				  scale;
(3) The proposed land use
				  shall address their relationship with county general plans and development
				  plans;
(4) Any other information as
				  determined by the department;
(5)
				  Signature of the landowner;
(6)
				  Applicable fees; and
(7) A minimum
				  of twenty copies of the application and all attachments.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-32 - Fees

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-33 - Departmental permits

Current through June, 2024
(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 all
				  of the proposed uses.
(c) The
				  application for a departmental permit shall be accompanied by:
(1) An application fee of $50; and
(2) A public hearing fee of $250, if
				  applicable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-34 - Board permits

Current through June, 2024
(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 fee of $100, plus an additional $100 per potential developed acre,
				  or major fraction thereof, up to a maximum of $2,000; and
(2) A public hearing fee of $250, if
				  applicable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-35 - Emergency permit

Current through June, 2024
(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 damage. Permits under this clause
				  shall be expedited by the department;
(2) Reconstruction involving minor deviations
				  (no more than twenty per cent increase in footprint) of the damaged structure,
				  such as enlargements of a dwelling or additions to the structure; and
(3) The chairperson may designate a time
				  frame during which authorization shall not be required for activities exempt
				  from the building permit requirements as set forth in the applicable county
				  building code, provided that repairs exempt from the building code requirements
				  shall not include any addition, change, or modification in construction or land
				  use.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-36 - Temporary variance

Current through June, 2024
(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) The applicant proves
				  with clear and compelling evidence that the proposed land use is for the
				  benefit of public health and safety or that there are no other reasonable
				  economic uses of the property;
(3)
				  No reasonable and prudent alternative promotes the public interest as well as
				  the proposed land use; and
(4) The
				  variance and any conditions imposed on the land use authorized by the temporary
				  variance is not inconsistent with the intent and purpose of the subzone in
				  which the land use is located.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-37 - Nonconforming uses

Current through June, 2024
(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 to those uses which were historically, customarily, and actually found on
				  the particular lot including, if applicable, a single family
				  residence.
(c) Any structures may
				  be subject to conditions to ensure they are consistent with the surrounding
				  environment.
(d) If a nonconforming
				  structure is destroyed by any means to an extent of more than fifty per cent of
				  its replacement cost at the time of destruction, it shall not be reconstructed
				  except in conformity with the provisions of this chapter.
(e) Repairs or reconstruction of the
				  nonconforming structure shall not exceed the size, height or density of the
				  structure which existed immediately prior to October 1, 1964 or at its
				  inclusion into the conservation district.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-38 - Site Plan Approvals

Current through June, 2024
(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 the pertinent state and county agencies.
(b) An application for a site plan approval
				  shall be accompanied by an application fee of $50.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-39 - Management plan approvals

Current through June, 2024
(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 include the status of compliance of the permit conditions
				  and the implementation of land uses pursuant to the approved management plan
				  schedule.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-40 - Hearings

Current through June, 2024
(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 board permit
				  in the protective subzone; and
(4)
				  On all applications determined by the chairperson that the scope of proposed
				  use, or the public interest, requires a public hearing on the
				  application.'
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-41 - Single family residences; standards

Current through June, 2024
(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 conservation
				  district on a legal lot of record.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-43 - Time extensions

Current through June, 2024
(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 permit of up to two years to initiate or
				  complete a project, based on supportive documentation from the
				  applicant.
(c) Time extensions may
				  be granted by the board upon the second or subsequent request for a time
				  extension on a board permit, based on supportive documentation from the
				  applicant.
(d) All time extensions
				  shall be submitted to the department thirty days before the expiration
				  deadline. If a request is received less than thirty days before the due date
				  the request for time extension shall be forwarded to the board for
				  review.
(e) Temporary variances are
				  excluded from this provision.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-44 - Revocation of permit

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 4 - PROCEDURES FOR PERMITS, SITE PLAN APPROVALS AND MANAGEMENT PLANS › Section 13-5-45 - Severability

Current through June, 2024
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
					 not be affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Exhibit 2 - Special Subzones

Current through June, 2024
June 28, 2019
(1)
				Haka site special subzone. Subzone designation for cemetery purposes as
				delineated on map entitled "O-12, Kaneohe," Oahu;
(2) Kapakahi Ridge special subzone. Subzone
				designation for nursing or convalescent home purposes as delineated on map
				entitled "0-13, Honolulu," Oahu;
(3) Sea Life park special subzone. Subzone
				designation for recreational, educational, commercial purposes as delineated on
				map entitled "0-15, Koko Head," Oahu;
(4) Milolii-Hoopuloa special subzone. Subzone
				designation for Milolii-Hoopuloa fishing village purposes including fishing
				activities, residential, educational, cultural and recreational uses pursuant
				to Act 86, SLH 1991, as delineated on map entitled "H-ll, Milolii,"
				Hawaii;
(5) Hale O Ho'oponopono
				special subzone. Subzone designation for educational purposes as delineated on
				map entitled "H-9, Honaunau," Hawaii;
(6) Limahuli Valley special subzone. Subzone
				designation for educational, recreational, and research purposes as delineated
				on map entitled "K-3, Haena," Kauai.
(7) Lawai Kai special subzone. Subzone
				designation for educational, recreational, and research purposes as delineated
				on map entitled "K-8, Koloa," Kauai.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Exhibit 3 - Management Plan Requirements

Current through June, 2024
August 12, 2011
1
				General description of the proposed use (e.g., forestry, fishpond, astronomy,
				aquaculture, agriculture).
2
				Project location (e.g., island map, location map, site plan (drawn to
				scale)).
3 Natural resource
				assessment including descriptive information about the natural resources in the
				project vicinity such as biological, archaeological, cultural, geological,
				coastal, recreational, and scenic resources, where applicable. The presence of
				any threatened or endangered species shall be disclosed.
4 Natural hazard assessment including
				descriptive information of erosion, flooding, slope, tsunami, and volcanic
				hazards, where applicable.
5 A
				description of best management practices used during project construction and
				implementation (e.g., mitigation measures).
6 A description of the best management
				practices to be used during the lifetime of the project (e.g., mitigation
				measures).
7 A description of the
				conservation methods and applications to be used in the short term and long
				term (e.g., mitigation measures).
8
				Description of existing uses and facilities, if any.
9 Description of proposed facilities and
				uses, including phases, if applicable.
10 Activity schedule
Project schedule including description of project sequencing
				  from project construction to project completion and on-going maintenance plans,
				  including a description and timing of natural resource monitoring and
				  maintenance plans.
A description of the annual reporting
				  requirements.
11 Any other
				information or data, as required by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-1 - Purpose

Current through June, 2024
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
				  the department of land and natural resources of the State of Hawaii.
				  Specifically, the purposes of this chapter, as to those lands, are to:
(1) Provide for the exercise of
				constitutional freedoms, commensurate with ensuring the normal functioning of
				government activities;
(2) Provide
				safe, orderly, convenient, and efficient use of and enjoyment of those lands by
				the general public;
(3) Ensure
				users of those lands free access across the lands and free access to, among,
				and between facilities on those lands;
(4) Prevent interference with normal
				pedestrian or vehicular traffic on those lands, and between facilities Of those
				lands; and
(5) Prevent interference
				With or disruption of government functions or facilities on those
				lands.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-2 - Application

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-3 - Definitions

Current through June, 2024
As used in this chapter unless the context clearly indicates
				  otherwise:
"Board" means the board of land and natural resources of the
				  State of Hawaii.
"Chairperson" means the chairperson of the board of land and
				  natural resources, or a designee.
"DLNR" means the state department of land and natural
				  resources.
"Facilities" means public structures or improvements on
				  lands regulated by this chapter.
"Literature" means any written or printed material,
				  including but not limited to books, Pamphlets, handbills, cards, circulars,
				  pictures, magazines, and leaflets, containing political, religious,
				  philosophical or ideological messages, or solicitations for contributions to be
				  made outside DLNR land. The term does not include other items of merchandise,
				  such as, but not limited to, food, drink, coffee mugs, sunglasses, flags,
				  records, patches, jewelry, handicraft, decals, audio or video tapes, shirts,
				  hats, ties, shorts, or any other clothing articles.
"Person" means an individual or organization.
"Sale" means the transfer of money, including monetary
				  donations, in exchange for literature or any other item.
"Solicit" means to ask, implore, plead for; to endeavor to
				  obtain by asking; to importune; or to try to obtain.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-4 - Jurisdiction

Current through June, 2024
These rules shall apply to all areas designated as DLNR
				  parks and certain other areas under the management and control of the DLNR
				  divisions and offices. These certain other areas are designated as:
(1) Fort DeRussy Beach;
(2) Historic preserves;
(3) Natural area reserves;
(4) Forest reserves;
(5) Beaches under DLNR
				jurisdiction;
(6) Certain game
				management areas as may be designated by the board of land and natural
				resources; and
(7) Unencumbered
				state lands immediately adjacent to areas covered by these rules.
The areas where these rules apply for purposes of this
				  chapter shall be collectively referred to as "DLNR land." A current list of
				  these areas shall be kept at all DLNR state parks district offices and the
				  office of the chairperson.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-5 - Soliciting and sales

Current through June, 2024
Soliciting and the sale of gifts, money, goods, or services
				  on DLNR land is prohibited, except pursuant to:
(1) Section 13-7-7;
(2) A concession, lease, or contract issued
				by DLNR; or
(3) A permit issued by
				DLNR, valid as of the effective date of these rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-6 - Public assemblies and meetings

Current through June, 2024
(a) Public
				assemblies, meetings, gatherings, demonstrations, parades, and other such
				events, including those recognized under chapter 7, Hawaii Revised Statutes,
				resulting in assemblies of twenty-five or more persons are allowed on DLNR
				land, provided a permit for such event has been issued by the
				chairperson.
(b) An application for
				such a permit shall set forth the name of the applicant, the date, time,
				duration, nature, and place of the proposed event, an estimate of the number of
				persons expected to attend, a statement of equipment or facilities to be used
				and any other information required by the permit application form. Permittees
				shall display a copy of the application containing the required information in
				plain view during the event at the permitted location.
(c) chairperson shall, without unreasonable
				delay and provided an application is submitted with reasonable timeliness,
				issue a permit on proper application, unless:
(1) A prior application for a permit for the
				same time and place has been made that has been or will be granted and the
				activities authorized by that permit do not reasonably allow multiple occupancy
				of that particular location;
(2) It
				reasonably appears that the event will present a clear and present danger to
				the public health or safety; or
(3)
				The event is of such nature or duration that it cannot reasonably be
				accommodated in the particular location applied for, considering such things as
				probable damage to the DLNR land's resources or facilities, impairment of DLNR
				land's atmosphere of peace, tranquility, or recreation, interference with
				program activities, or impairment of public use facilities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-7 - Sale or distribution of literature

Current through June, 2024
(a) The sale or
				distribution of literature is allowed on DLNR land. However, the use of a
				portable table or chair to sell or distribute literature on DLNR land, in sizes
				and numbers acceptable to the chairperson, is allowed only if a permit for such
				use has been issued by the chairperson. No other structure or equipment,
				including, but not limited to display mats, park surfaces, tents, canopies,
				podiums, or platforms, shall be used to sell or distribute literature on DLNR
				land.
(b) An application for a
				permit under this -section shall set forth the name of the applicant, the name
				of the organization (if any), the date, time, duration, and location of the
				proposed sale or distribution, the number of participants, a statement of
				equipment or facilities to be used, and any other information required by the
				permit application form. Permittees shall display a copy of this application in
				plain view on any permitted portable table or chair. Permittees not using a
				portable table or chair shall keep a copy of this application with them, and
				shall produce it upon request.
(c)
				The chairperson shall, without unreasonable delay and provided an application
				is submitted with reasonable timeliness, issue a permit on proper application
				unless:
(1) A prior application for a permit
				for the same time and location has been made that has been or will be granted
				and the activities authorized by that permit do not reasonably allow multiple
				occupancy of the particular location;
(2) It reasonably appears that the sale or
				distribution will present a clear and present danger to the public health and
				safety;
(3) The number of persons
				engaged in the sale or distribution exceeds the number that can reasonably be
				accommodated in the particular location applied for, considering such things as
				damage to DLNR land resources or facilities, impairment of the atmosphere of
				peace, tranquility, or recreation in DLNR land, interference with program
				activities, or impairment of public use facilities;
(4) The location applied for has not been
				designated as available for the sale or distribution of literature;
				or
(5) The activity would
				constitute a Violation of an applicable law or regulation.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 7 - ASSEMBLIES, MEETINGS, AND DISTRIBUTION OF LITERATURE ON DEPARTMENT OF LAND AND NATURAL RESOURCES LANDS › Section 13-7-8 - Enforcement

Current through June, 2024
(a) Any person violating any provision of
				this chapter shall be subject to a fine of not more than $500 a day for the
				first offense and shall be liable for administrative costs incurred by DLNR and
				for payment of any damage suffered by DLNR. Upon a second and any subsequent
				offense, the violator shall:
(1) Be fined not
				less than $500 or more than $2,000 per day;
(2) If required by the board, restore any
				DLNR land affected to its original condition if altered and assume the costs
				thereof; and
(3) Assume such costs
				as may result from adverse effects from such restoration.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-8-1 - Purpose

Current through June, 2024
The purpose of these rules is to establish standards to
					 guide the department of land and natural resources and the risk assessment
					 working group in the general design and placement of signs warning of dangerous
					 natural conditions on improved public lands.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-8-2 - Definitions

Current through June, 2024
As used in this chapter, unless otherwise provided or
					 required by context:
" Alert symbol" means the triangular symbol with an
					 exclamation mark that appears to the left of the signal word.
"ANSI" means the American National Standards
					 Institute.
"Board" means the board of land and natural
					 resources.
"Caution", when used as a signal word on a hazard label,
					 means the potential for encountering a natural condition, which if not
					 monitored, could result in a minor or moderate injury. This signal word is
					 intended to alert the user to be more vigilant.
"Danger", when used as a signal word on a hazard label,
					 means the potential for encountering a natural condition, which, if not
					 monitored or avoided, could result in severe injury or death. This signal word
					 is for the most extreme conditions or actions where foreseeable harm is severe
					 or a fatality has been documented at a specific location due to the natural
					 condition.
"Hazard label" means a specific label on the upper portion
					 of the sign that uses the signal words "danger, warning, or caution" in
					 conjunction with the "alert symbol".
"Improved public lands" means lands designated as part of
					 the state park system, parks, and parkways under chapter
					 184, Hawaii Revised Statues, or as
					 part of a county's park system, and lands which are part of the Hawaii
					 statewide trail and access system under chapter
					 198D, Hawaii Revised Statutes,
					 excluding buildings and structures constructed upon such lands.
"Pictogram symbol" means a graphic symbol that illustrates
					 the dangerous natural condition and its potential risk of harm.
"Risk assessment working group" means
(1) The chairperson of the board, or designee;
(2) The mayor of each county, or designee;
(3) The administrators of the department's division of
					 forestry and wildlife and the division of state parks, or their
					 designees;
(4) The attorney general, or designee; and
(5) A person appointed by the chairperson of the board
					 knowledgeable in warning sign design.
"Signal word" means the word located on a hazard label
					 that calls attention to the sign and designates a degree or level of hazard
					 seriousness.
"Warning", when used as a signal word on a hazard label,
					 indicates the potential for encountering a natural condition, which, if not
					 monitored or avoided, may result in a moderate to serious injury, or
					 death.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-8-3 - Severability

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstance is held invalid, this invalidity shall
					 not affect other provisions or applications of this chapter that can be given
					 effect without the invalid provision or application, and to this end, the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 2 - STANDARDS FOR SIGN DESIGN › Section 13-8-4 - American National Standard Institute

Current through June, 2024
ANSI product safety sign and label standards for format,
					 content, and font currently in effect shall be considered in the design of the
					 warning signs. The board and the risk assessment working group, at their
					 discretion and if consistent with the purposes of these rules and in the public
					 interest, may deviate from these standards.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 2 - STANDARDS FOR SIGN DESIGN › Section 13-8-5 - Hazard labels

Current through June, 2024
Appropriate hazard labels as defined in this chapter (e.g.
					 caution, warning, or danger) shall be used on the top of the warning sign. A
					 triangular alert symbol with an exclamation mark shall appear to the left of
					 the hazard label.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 2 - STANDARDS FOR SIGN DESIGN › Section 13-8-6 - Pictogram symbols

Current through June, 2024
Appropriate Pictogram symbols as defined in this chapter
					 shall be used and placed under the hazard label.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 2 - STANDARDS FOR SIGN DESIGN › Section 13-8-7 - Sign text

Current through June, 2024
(a) Sign text shall be used to reinforce the
				  hazard label and pictogram as follows:
(1)
				  Text shall be in a headline style that uses simple and direct words;
(2) Active rather than passive verbs shall be
				  used. Action oriented phrases shall be put at the beginning of the sentence and
				  not in the middle or at the end;
(3) Adverbs that are difficult to interpret
				  shall be avoided. There shall be no more than one clause in a
				  sentence;
(4) Upper case and
				  centered type shall be avoided whenever possible;
(5) Arial/Helvetica, Arial/Helvetica Black,
				  Folio Medium, Franklin Gothic, Futura, or a similar style of font shall be used
				  for the sign text;
(6) Colored
				  background shall not be used for the text portion of warning signs;
				  and
(7) Agency identification and
				  other agency markings shall not be placed on the front of the sign but may be
				  placed on reverse side of sign.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 2 - STANDARDS FOR SIGN DESIGN › Section 13-8-8 - Sign dimensions

Current through June, 2024
Sign dimensions at managed entrances to improved public
					 land adjacent to parking areas and other locations accessible by vehicles shall
					 be a minimum of eighteen inches by twenty four inches. Sign dimensions at
					 remote, interior locations and boundaries accessible by pedestrians of improved
					 public land shall be a minimum of twelve inches by eighteen
					 inches.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 3 - STANDARDS FOR SIGN PLACEMENT › Section 13-8-9 - Public use and exposure

Current through June, 2024
(a) Traffic
				  patterns and managed access points of people accessing the improved public
				  lands shall be considered when placing signs.
(b) The type, frequency, and location of
				  incidents or potential public exposure relating to specific dangerous natural
				  conditions when known on the improved public lands shall be considered for sign
				  placement.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 3 - STANDARDS FOR SIGN PLACEMENT › Section 13-8-10 - Placement

Current through June, 2024
Sign(s) shall be placed at or near access points; i.e.,
					 along vehicle and pedestrian traffic corridors in clearly visible locations
					 placed as close as possible to the potentially dangerous natural conditions on
					 improved public lands and at managed and designated entrances where the signs
					 will be seen as users enter improved public lands. View sheds, aesthetics, and
					 feasibility of installation shall be considered in the placement of the signs.
					 Signs shall be installed with consideration for the average adult line of sight
					 but outside of the general path of travel to avoid physical contact with the
					 signs. Signs may be attached to posts or by any other method of installation
					 depending on the nature of the location and terrain.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 8 - THE DESIGN AND PLACEMENT OF WARNING SIGNS ON IMPROVED PUBLIC LANDS › Subchapter 3 - STANDARDS FOR SIGN PLACEMENT › Section 13-8-11 - Multiple signs

Current through June, 2024
If multiple signs are installed they shall be on separate
					 posts or in another manner that is rendered necessary due to the nature of the
					 location and terrain. Whenever possible, installation shall attempt to minimize
					 holes in the sign.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 3 - STATE LAND USE COMMISSION › Chapter 16 - RULES RELATING TO CONVEYANCES › Section 13-16-1 - Purpose

Current through June, 2024
The purpose of these rules is to regulate the recordation and
				  filing of instruments in the bureau of conveyances and office of the assistant
				  registrar.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 3 - STATE LAND USE COMMISSION › Chapter 16 - RULES RELATING TO CONVEYANCES › Section 13-16-3 - Office hours

Current through June, 2024
The bureau shall be open from 7:45 a.m. until 4:30 p.m. every
				  day of the year, except on Saturdays, Sundays, and holidays established by
				  law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 3 - STATE LAND USE COMMISSION › Chapter 16 - RULES RELATING TO CONVEYANCES › Section 13-16-4 - Recording

Current through June, 2024
(a) Every instrument presented for
				recordation shall be prepared in accordance with chapter
				502, HRS.
(b) Notwithstanding any other rule to the
				contrary, the registrar or assistant registrar may accept an electronic
				signature in lieu of an original signature if the electronic signature is
				attached to or logically associated with the document.
(c) The registrar or assistant registrar may
				refuse to record any instrument that:
(1) has
				missing or incomplete information required by law;
(2) is submitted without payment of all
				required fees;
(3) will not
				reproduce legibly under photographic, electronic, or electrostatic
				methods;
(4) contains
				interlineations, erasures or changes that are not initialed in accordance with
				section
				502-63,
				HRS; or
(5) does not satisfy the
				requirements of subsection (a).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 3 - STATE LAND USE COMMISSION › Chapter 16 - RULES RELATING TO CONVEYANCES › Section 13-16-4.5 - Electronic recording standards

Current through June, 2024
(a) Notwithstanding
				any rule to the contrary, the registrar or assistant registrar may accept an
				electronic document for recording in place of an original paper
				document,
(b) To keep the standards
				and practices of eRecording in the state in harmony with the standards and
				practices of other jurisdictions, with the most recent standards adopted by
				national standard setting bodies, and with industry best practices, the
				registrar or assistant registrar may identify approved eRecording vendors
				authorized to submit electronic documents for recording.