reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-221-2 - Definitions

Current through June, 2024
As used in this chapter:
"Abandoned property" means any and all property, including
					 personal property, items, materials, equipment, fixtures, motor vehicles, or
					 watercraft, left unattended for a continuous period of more than twenty-four
					 hours without the permission of the board or its authorized
					 representative.
"Animals" mean all animals wild and domestic.
"Authorized representative" means any person authorized by
					 the board of land and natural resources to act for the board.
"Board" means the board of land and natural
					 resources.
"Camper" means any person engaged in a camping
					 activity.
"Camping" means an act of sleeping during night time hours
					 on the premises by one or more persons who remain or intend to remain past the
					 hour of twelve midnight.
"Department" means the department of land and natural
					 resources.
"Motor vehicle" means every vehicle which is
					 self-propelled or propelled by electric power but not operated on rails,
					 including, but not limited to, automobiles, trucks, go-carts, motorcycles,
					 motor scooters, mopeds, and dune buggies whether the vehicle is licensed or
					 unlicensed.
"Unencumbered public lands" mean any lands defined as
					 public lands by section
					 171-2,
					 HRS, and which have not been:
(1) Set aside for any purpose, by statute, executive order
					 or otherwise, to a governmental agency, or
(2) Encumbered by lease, license, permit, easement or
					 otherwise issued by the department.
Unencumbered public lands include, but are not limited to,
					 beach and coastal areas, submerged lands, and mountainous non-forest reserve,
					 wildlife, or park areas (hereinafter called the "premises").
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-221-3 - Penalties

Current through June, 2024
Any person violating this chapter for which a penalty is
					 not otherwise provided shall be fined not more than $500 per day and shall be
					 liable for administrative costs and damages incurred by the
					 department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-221-4 - Closing of areas

Current through June, 2024
The board or its authorized representative may establish a
					 reasonable schedule of visiting hours for all or portions of the premises and
					 close or restrict the public use of all or any portion thereof, when necessary
					 for the protection of the area or for the safety and welfare of persons or
					 property, by the posting or appropriate signs indicating the extent and scope
					 of closure. All persons shall observe and abide by the officially posted signs
					 designating closed areas and visiting hours.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 1 - GENERAL PROVISIONS › Section 13-221-5 - Permits

Current through June, 2024
The board or its authorized representative may issue
					 permits governing the use of public facilities or areas within the
					 premises.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-9 - Abandoned and unattended property

Current through June, 2024
(a) No person shall
				  abandon motor vehicles or other property within the premises. All such property
				  may be confiscated or impounded by the board or its authorized representative.
				  In the event vehicles or other property left unattended should interfere with
				  the safe or orderly management of the premises, it may be impounded by the
				  board or its authorized representative at any time.
(b) All impounded vehicles shall be towed to
				  a place of storage. Towing, storage, and other reasonable fees shall be
				  assessed pursuant to section
				  290-11,
				  HRS. All impounded or confiscated property, other than vehicles, may be
				  disposed of or moved to a place of storage. If moved, the owner shall be
				  assessed moving, storage, or other reasonable fees. Additionally, the owner of
				  the property shall bear the responsibility for the risk of any loss or damage
				  to their property.
(c) Abandoned
				  vehicles shall be sold at public auction pursuant to section
				  290-11,
				  HRS. All other impounded or confiscated property may be disposed of or sold at
				  public auction pursuant to law.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-10 - Aircraft

Current through June, 2024
No person shall land aircraft, as defined in section
					 261-1, HRS, including
					 airplanes, airships, balloons, gliders, hang gliders, helicopters, parachutes,
					 dirigibles, and other similar means of conveyance, within the premises except
					 with the written permission of the board or its authorized representative.
					 Landings without a permit may be permitted in case of an
					 emergency.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-11 - Animals

Current through June, 2024
(a) No person shall enter the premises with
				  dogs, cats, and other animals unless they are crated, caged, or on a leash, or
				  otherwise under physical restrictive control at all times. This section shall
				  not apply to seeing-eye dogs accompanying their masters.
(b) No person shall engage in horseback
				  riding on the beaches.
(c) When so
				  posted, all domestic animal droppings shall be removed and deposited at
				  authorized and designated sites.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-12 - Archaeological and historical features

Current through June, 2024
No person shall appropriate, damage, remove, excavate,
					 disfigure, deface, or destroy objects of antiquity, prehistoric ruins, and
					 monuments within the premises; provided, the board or its authorized
					 representative may permit qualified persons or institutions to examine ruins,
					 excavate archaeological sites, and gather objects of
					 antiquity.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-13 - Audio devices

Current through June, 2024
(a) No person shall
				  operate or use any audio devices including, but not limited to radios, tape
				  recorders, television sets, musical instruments, compact disc players, and
				  noise producing devices such as electric generating plants or other equipment
				  driven by motors or engines, in a manner and at times which creates excessive
				  noise except with the written permission of the board or its authorized
				  representative.
(b) No person shall
				  operate or use public address systems, whether fixed, portable, or vehicle
				  mounted, on land, water, or roadways within the premises except when the use or
				  operation is in connection with public gatherings or special events for which
				  permits have been issued by the board or its authorized
				  representative.
(c) No person shall
				  install aerials or other special radio, telephone, television, or other
				  communication equipment within the premises unless done with the written
				  permission of the board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-14 - Boating

Current through June, 2024
No person shall operate, leave unattended, beach, park, or
					 moor vessels, as defined in section 267-3, HRS, including but not limited to
					 boats, motorboats, houseboats, rowboats, powerboats, jet skis, sailboats,
					 fishing boats, towboats, scows, flatboats, cruisers, motor vessels, ships,
					 barges, tugs, floating cabanas, party boats, charter boats, catamarans,
					 ferryboats, canoes, rafts, or any similar buoyant devices permitting or capable
					 of free flotation, on the premises without a written authorization of the board
					 or its authorized representative except in cases of
					 emergency.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-15 - Camping

Current through June, 2024
No person shall camp or use recreational trailers or other
					 camper units on the premises, except with the prior written authorization of
					 the board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-16 - Disorderly conduct

Current through June, 2024
No person shall engage in disorderly conduct as defined in
					 the State Penal Code, section
					 711-1101, HRS,
					 within the premises.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-17 - Explosives

Current through June, 2024
No person shall use or possess fireworks, firecrackers,
					 and other explosive devices within the premises except with the written
					 permission of the board or its authorized representative and subject to
					 federal, state and county laws and rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-18 - False report

Current through June, 2024
No person shall give a false or fictitious report or
					 information to any authorized representative investigating an accident or any
					 violation of law or administrative rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-19 - Firearms, traps, and other weapons

Current through June, 2024
The use or possession by any person of air guns, pellet
					 guns, firearms, traps, other weapons, or other implements designed to discharge
					 missiles shall be subject to all federal, state, and county laws and rules.
					 Firearms and other weapons shall be unloaded when transported through
					 nonhunting areas.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-20 - Fires

Current through June, 2024
(a) Fires are permitted only:
(1) In locations, including backcountry,
				  wilderness and remote sections of the premises when a written permit has been
				  secured from the board or its authorized representative;
(2) On portions of the premises that may be
				  designated by the board or its authorized representative for fires. No permit
				  shall be required for fires in the designated areas which shall be
				  posted;
(3) In stoves or lanterns
				  using gasoline, kerosene, propane, butane, wood, charcoal, briquette, gas,
				  alcohol or other fuels.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-21 - Fishing

Current through June, 2024
Unless specifically restricted by this Chapter, or by any
					 law or rules, a person may fish or take mollusks and crustaceans within the
					 premises subject to all federal, state, and county laws and
					 rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-23 - Geological features

Current through June, 2024
No person shall destroy, disturb, or mutilate any
					 geological features or dig, or remove sand, earth, gravel, minerals, rocks,
					 fossils, coral or any other substance on the premises. No person shall excavate
					 or quarry any stone, or lay, set, or cause any blast or explosion, or assist in
					 these acts within the premises, except as provided by law or with the written
					 permission of the board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-24 - Intoxication; drug incapacitation

Current through June, 2024
No person shall use or possess narcotics, alcohol, or
					 drugs within the premises without the written permission of the board or its
					 authorized representative. No person shall enter or remain within the premises
					 when manifestly under the influence of alcohol, narcotics, or
					 drugs.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-25 - Lost and found articles

Current through June, 2024
Any person finding lost articles shall deposit them at the
					 nearest police station, leaving the person's name and
					 address.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-26 - Motor vehicles

Current through June, 2024
(a) No person shall
				  drive a motor vehicle on the premises except on roads, trails, or tracks
				  designated or provided for vehicular use.
(b) No person shall park or leave unattended
				  a motor vehicle which blocks or prohibits entry onto any road, trail, track, or
				  beach access on the premises.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-27 - Portable engines and motors

Current through June, 2024
No person shall operate or use within the premises a
					 portable motor driven electric generating plant, pump, or any other equipment
					 driven by a portable engine or motor without the written permission from the
					 board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-28 - Public property

Current through June, 2024
(a) No person shall
				  destroy, deface, or remove any natural feature or natural resource within the
				  premises.
(b) No person shall
				  intentionally or recklessly destroy, injure, deface, remove, disturb, or
				  possess, in any manner, any public building, sign, equipment, monument, marker,
				  or other structure within the premises.
(c) A person may gather or collect, for
				  personal use, reasonable quantities of natural products of renewable nature,
				  including but not limited to, seashells, fruits, berries, seeds, and marine
				  deposits of natural origin. No person shall gather or collect these products
				  for the purpose of sale. The quantities may be restricted by the board or its
				  authorized representative.
(d) No
				  person shall destroy, dig, remove, or possess any tree, shrub or other plant,
				  except for noxious weeds, as defined in chapter 4-68, Hawaii Administrative
				  Rules, within the premises.
(e) A
				  person may gather or collect small quantities of pebbles or small rocks by hand
				  for personal use, except in prohibited areas which shall be posted. The
				  quantities of these items, however, may be restricted by the board or its
				  authorized representative. No person shall collect these objects for the
				  purpose of sale.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-29 - Report of injury or damage

Current through June, 2024
All incidents resulting in injury or death to persons or
					 damage to property shall be reported by the person or persons involved as soon
					 as possible to the board or its authorized representative. This report shall
					 not relieve persons from the responsibility of making any other accident
					 reports which may be required under federal, state, or county laws and
					 rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-30 - Sanitation and litter

Current through June, 2024
(a) All persons
				  shall dispose of garbage, papers, trash, refuse, waste materials, and rubbish
				  of any kind only at places designated for their disposal or removed from the
				  area. No person shall remove refuse or garbage from refuse containers and
				  remove or relocate these containers except authorized persons.
(b) No person shall drain or dump garbage,
				  trash, rubbish, refuse, or waste except in places or receptacles provided for
				  this use.
(c) No person shall
				  pollute or contaminate in any manner any watershed, water supplies, or water
				  used for drinking purposes.
(d) No
				  person shall dispose of fish or animal entrails or other parts of fish and
				  animals into salt waters within two hundred feet of the shore or on boat docks
				  or swimming areas or into fresh waters or in areas of public
				  concentration.
(e) No person shall
				  deposit any body waste in or on any portion of any comfort station or other
				  public structure except into customary and proper places in plumbing fixtures
				  provided for that purpose. No person shall place any bottle, can, cloth, rag,
				  meal, wood, stone or any foreign substance in any of the plumbing fixtures in a
				  station or structure. All comfort stations shall be used in a clean, sanitary
				  and orderly manner.
(f) No person
				  shall urinate or defecate other than at the place and toilet facility
				  provided.
(g) No person shall
				  bring, carry or transport garbage, trash, rubbish, refuse, or waste from a
				  place outside the premises onto the premises or deposit or dump the same in
				  refuse containers or other receptacles on the premises.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-32 - Swimming and bathing

Current through June, 2024
(a) A person may
				  swim or bathe on the premises except in waters and at times where these
				  activities are prohibited in the interest of public health or safety. These
				  waters shall be designated by the posting of appropriate signs.
(b) No person shall use flotation devices
				  within designated swimming areas when prohibited by the board or its authorized
				  representative by the posting of appropriate signs.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-33 - Tampering with vehicle or vessel

Current through June, 2024
No person shall tamper or attempt to tamper with any
					 vehicle, vessel, or other equipment, or enter or go upon, move, or manipulate
					 any of the parts or components of any vehicle, vessel, or other equipment, or
					 start or set the same in motion, except when it is under one's lawful
					 possession or control.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 2 - PUBLIC USE OF THE PREMISES › Section 13-221-34 - Wildlife

Current through June, 2024
No person shall molest, disturb, injure, trap, take,
					 catch, possess, poison, or kill any wild bird or mammal, or disturb their
					 habitat within the premises, except when otherwise authorized by all applicable
					 federal, state and county laws and rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 3 - COMMERCIAL AND PRIVATE OPERATIONS › Section 13-221-45 - Advertisements

Current through June, 2024
No person shall display, post, or distribute notices or
					 advertisements except with the prior written permission of the board or its
					 authorized representative. Permission may be granted only if the notice or the
					 advertisement relates to services, goods, or facilities, available within the
					 premises and the notices and advertisements are found by the board or its
					 authorized representative to be desirable and necessary for the convenience and
					 guidance of the public.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 3 - COMMERCIAL AND PRIVATE OPERATIONS › Section 13-221-46 - Business operations

Current through June, 2024
No person shall solicit any business except in accordance
					 with a permit, contract, license, lease, concession, or other written agreement
					 with the board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 3 - COMMERCIAL AND PRIVATE OPERATIONS › Section 13-221-47 - Commercial photography

Current through June, 2024
Before any motion picture may be filmed or any television
					 production or sound tract be made, which involves the use of professional
					 casts, settings, or crews, by any person other than bonafide newsreel or
					 television news personnel, a person shall obtain a written permit from the
					 board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 221 - UNENCUMBERED PUBLIC LANDS › Subchapter 3 - COMMERCIAL AND PRIVATE OPERATIONS › Section 13-221-48 - Memorialization

Current through June, 2024
No person shall install any monument, memorial, tablet, or
					 other commemorative installation in areas within the premises without written
					 permission of the board or its authorized representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 13-222-1 - Purpose and applicability

Current through June, 2024
The purpose of these rules is to standardize the
					 application procedure for shoreline certifications for purposes of implementing
					 the shoreline setback law and other related laws. These rules shall be
					 applicable to all real properties within the State of Hawaii which border the
					 ocean.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 2 - APPLYING FOR SHORELINE CERTIFICATION › Section 13-222-7 - Application

Current through June, 2024
(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 number of the parcel
				  involved.
3. The name and mailing
				  address of the property owner. If the owner is represented by an agent, the
				  name and mailing address of the agent shall also be included.
4. The address of the property
				  involved.
5. Photographs of the
				  shoreline to be certified, in accordance with section §
				  13-222-8.
6. Maps of the shoreline
				  to be certified, in accordance with section § 13-222-9.
7. A statement as to when the field survey
				  was done and by whom.
8. The name,
				  address and telephone number of the licensed land surveyor who made or
				  supervised the field survey.
9.
				  List of all enclosures.
10.
				  Signature of the property owner.
11. Application fee, in accordance with
				  subsection(d).
12. A statement
				  signed by the property owner granting representatives of the State of Hawaii,
				  including the state land surveyor, the right to enter the property at
				  reasonable business hours for the purpose of site inspection and verification
				  of the shoreline under review for certification. The property owner shall also
				  be responsible for submitting any other statements signed by applicable owners
				  granting representatives of the State of Hawaii, the right to enter land which
				  is not owned by the property owner but is necessary to access for the purpose
				  of site inspection and verification of the shoreline under review for
				  certification.
13. A copy of any
				  federal, state, or county enforcement or other legal action involving the
				  subject shoreline.
14. If the
				  shoreline is being located at the base of a manmade structure, a copy of all
				  documents supporting that the structure has been approved by the appropriate
				  governmental agencies or is exempt from such approval.
15. Any other information requested by the
				  department or the state land surveyor as reasonably necessary to evaluate the
				  application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 2 - APPLYING FOR SHORELINE CERTIFICATION › Section 13-222-8 - Photographs

Current through June, 2024
(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 to depict the shoreline
				  shall be indicated on the photographs.
(c) Each photograph shall be labeled by
				  number or alphabet to coincide with the map showing the direction of the
				  photograph taken.
(d) Photographs
				  shall provide accurate perspectives of the shoreline in relation to permanent
				  markings or other land features.
(e) Each photograph shall be marked with the
				  date and time taken.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 2 - APPLYING FOR SHORELINE CERTIFICATION › Section 13-222-9 - Maps

Current through June, 2024
(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 42 to
				  72.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 2 - APPLYING FOR SHORELINE CERTIFICATION › Section 13-222-10 - Review, revision and certification

Current through June, 2024
(a) The state land
				  surveyor shall review the map, using the photographs, other documents and
				  information provided by the applicant, and the state land surveyor's knowledge
				  of the affected area to determine the shoreline.
(b) The state land surveyor may make or cause
				  to be made a site inspection prior to determining the shoreline. The state land
				  surveyor may consult with the licensed land surveyor who made the field survey
				  and prepared the map and interested persons who submitted comments to the
				  application to resolve differences in interpretation of the shoreline. The
				  state land surveyor may require the applicant to revise the map.
(c) The state land surveyor shall have the
				  right to enter property owner's premises to verify the shoreline map on the
				  ground. Submission of the application shall constitute consent of the property
				  owner to enter the premises during reasonable business hours.
(d) When satisfied with the location of the
				  shoreline, the state land surveyor shall transmit the shoreline maps to the
				  chairperson for his approval and signature.
(e) This map shall be the proposed shoreline
				  certification. The public notice of this proposed shoreline certification shall
				  be made in accordance with section 13-222-12.
(f) Upon the expiration of fifteen (15)
				  calendar days from the public notice of the proposed shoreline certification,
				  if no appeal is filed pursuant to section 13-222-26, then the chairperson shall
				  certify the shoreline in the location proposed on the map submitted by the
				  applicant.
(g) If an appeal is
				  filed under section 13-222-26, the certification process shall be stayed until
				  the administrative appeal is resolved by the board or chairperson.
(h) Upon certification by the chairperson,
				  five copies of the map shall be retained by the department and the remainder
				  shall be returned to the applicant.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 2 - APPLYING FOR SHORELINE CERTIFICATION › Section 13-222-11 - Validity of certified shoreline

Current through June, 2024
(a) Certification
				  of the shoreline shall be valid for a period no longer than twelve months from
				  the date of certification, except where the shoreline is fixed by artificial
				  structures which have been approved by appropriate government agencies and for
				  which engineering drawings exist to locate the interface between the shoreline
				  and the structure in which case the shoreline certification shall be valid so
				  long as the artificial structure remains intact and unaltered. Upon written
				  request accompanied by a statement by a licensed land surveyor that, in the
				  surveyor's expert opinion, the artificial structure remains intact and
				  unaltered since the shoreline was certified, and submission of maps and
				  photographs for verification, the chairperson may confirm the validity of the
				  certified shoreline pursuant to this section.
(b) The department shall have the authority
				  to review any shoreline certification during its twelve-month validity period
				  and shall have the authority to rescind the certification where there is a
				  substantial misrepresentation of material fact in the original application,
				  whether intentional or unintentional, as determined by the state land surveyor
				  or department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 2 - APPLYING FOR SHORELINE CERTIFICATION › Section 13-222-12 - Public Notice of Application and Certification

Current through June, 2024
(a)
				  The department shall cause public notices of the receipt of an application for
				  and a proposed certification or rejection of the shoreline. Public notices will
				  be made in the Environmental Notice, a semi-monthly publication of the Office
				  of Environmental Quality Control, State of Hawaii.
(b) All persons interested in being notified
				  of an application for and any proposed certification or rejection of the
				  shoreline shall request of the chairperson, in writing, to be placed on the
				  department's mailing list.
(c) All
				  comments to the application for shoreline certification shall be submitted in
				  writing to the state land surveyor and postmarked no later than 15 calendar
				  days from the date of the public notice of the application.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 3 - DETERMINATION OF SHORELINE › Section 13-222-17 - Identification of shoreline on map

Current through June, 2024
The map to be submitted for shoreline certification shall
					 be prepared utilizing the following criteria in addition to those listed in
					 §
										13-222-16:
(1) When the shoreline includes a river or
				  stream, a straight line joining the marked sides of the river or stream shall
				  indicate the shoreline across the river or stream.
(2) All artificial structures, (i.e.
				  seawalls, revetments, docks, piers, groins, etc.) shall be shown on the map
				  together with their relative position to the property line.
(i) If the structure is makai or seaward of
				  the legal seaward boundary of the property, proper documentation, such as a
				  building permit, written authorization of governmental agency permitting
				  construction of the structure, proof of accretion prior to construction of the
				  structure, or any other document indicating that the structure was legally
				  constructed, shall accompany the application for shoreline certification;
				  and
(ii) When the structure is
				  located mauka or inland of the legal seaward boundary of the property and the
				  seaward face of the wall is the shoreline, the map shall show the erosion in
				  the manner prescribed in subsection (3).
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 3 - DETERMINATION OF SHORELINE › Section 13-222-18 - Restoration of shoreline

Current through June, 2024
(a) In cases where
				  the shoreline has been lost due to subsidence due to earthquake, or storm or
				  tidal waves, the property owner may apply to the department to certify the
				  shoreline at or near the location which existed immediately prior to the event
				  that resulted in the property loss.
(b) The property owner, in addition, shall
				  also submit an application to restore the shoreline at or near the location
				  which existed immediately prior to the event that resulted in the property
				  loss. If the shoreline is not restored within one year from the time of the
				  event which caused the property loss, the chairperson shall certify the
				  existing shoreline. This time period may be extended by the chairperson upon
				  substantial compliance with this section.
(c) The property owner shall be required to
				  provide documentation satisfactory to the department of the following:
(1) The event which resulted in the property
				  loss;
(2) The extent of the damage
				  to the shoreline; and
(3) Any
				  demonstrative evidence depicting the shoreline before and after the event which
				  caused the property loss.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 3 - DETERMINATION OF SHORELINE › Section 13-222-19 - Encroachment upon state land and unauthorized shoreline improvements

Current through June, 2024
The chairperson shall not certify the shoreline in cases
					 where an unauthorized improvement encroaches upon state land or where an
					 unauthorized improvement interferes with the natural shoreline processes. The
					 property owner shall first resolve the encroachment or violation problem with
					 the applicable department prior to the chairperson certifying the
					 shoreline.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 222 - SHORELINE CERTIFICATIONS › Subchapter 4 - APPEAL OF SHORELINE CERTIFICATION › Section 13-222-26 - Appeal of shoreline certification

Current through June, 2024
(a) Upon timely
				  application, the following persons or agencies may have standing to appeal:
(1) The property owner who requested the
				  shoreline certification.
(2) All
				  government agencies whose jurisdiction includes the land in question.
(3) All persons or agencies who have some
				  property interest in the land, who lawfully reside on the land, who are
				  adjacent property owners, or who can otherwise demonstrate that they will be so
				  directly and immediately affected by the proposed shoreline certification or
				  denial, that their interest is clearly distinguishable from that of the general
				  public.
(4) Other persons or
				  agencies who can show a substantial interest in the matter; provided that the
				  board or chairperson may grant standing only if the person's or agency's
				  participation will substantially assist the board or chairperson in its
				  decision making.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 223 - HISTORIC PRESERVATION AND RESTORATION ON PUBLIC LANDS › Section 13-223-1 - Purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 223 - HISTORIC PRESERVATION AND RESTORATION ON PUBLIC LANDS › Section 13-223-2 - Definitions

Current through June, 2024
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 context,
				  deemed a unique class of historic property, and not otherwise included in
				  section
				  6E-41,
				  HRS.
"Chairperson" means the chairperson of the board of land and
				  natural resources.
"Department" means the department of land and natural
				  resources.
"Historic preservation and restoration project" means any
				  undertaking designed to preserve or restore significant historic properties or
				  burial sites on public lands by mitigating the potential effects of proposed or
				  ongoing activities on these properties and sites or by mitigating the effects
				  of deterioration, neglect, loss, danger, or injury. Mitigation includes, but is
				  not limited to, restoration, reconstruction, stabilization, repair,
				  maintenance, rehabilitation, or protection as determined by the department
				  through the historic preservation review process.
"Historic preservation review process" means the process
				  established by chapter 13-275 to comply with sections
				  6E-7
				  and
				  6E-8,
				  HRS.
"Historic property" means any building, structure, object,
				  district, area, or site, including heiau and underwater site, which is over
				  fifty years old.
"Mitigation plan" means the plan setting forth appropriate
				  treatment of historic properties, burial sites, or human remains in accordance
				  with sections
				  13-275-3 and
				  13-275-8(h);
				  sections 13-300-33 and
				  13-300-38(e); or
				  sections 13-300-34 and
				  13-300-39(d).
"Public lands" means any lands defined as public lands.
				  bisection
				  171-2,
				  HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 223 - HISTORIC PRESERVATION AND RESTORATION ON PUBLIC LANDS › Section 13-223-3 - Determination of historic preservation and restoration projects

Current through June, 2024
(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
				6E-8,
				HRS, and the historic preservation review process established by chapter
				13-275, including any amendments thereto.
(b) All provisions of the approved mitigation
				plan shall be included as conditions in the lease agreement.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-1 - Purpose and scope

Current through June, 2024
The purpose of these rules is to secure the most
						effective control and management of the small boat harbors and facilities of
						the State in order that the general public may enjoy safe, orderly, and
						convenient water recreation. These rules are intended to harmonize and
						coordinate the department's powers and duties with all applicable public laws,
						and are also intended to govern the use or operation of vessels and the
						activities of persons in the small boat harbors, shores, ocean waters, and
						navigable streams of the State.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-2 - Interpretation

Current through June, 2024
If any section of these rules is inconsistent with any
						laws of the United States or any rule, or standard established pursuant
						thereto, such section shall be construed, superseded, or governed thereby.
						Nothing contained in these rules shall be construed to limit the powers of any
						state department or agency. Each provision of these rules is also intended to
						be construed most liberally in light of the purpose stated in section
						13-230-1.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-3 - 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 such remainder to other persons or property shall
						not be affected.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-4 - Penalties and prosecution

Current through June, 2024
(a) Violation of
					 rules, penalty. Any vessel, its agent, owner, or crew that violates the rules
					 of the department, including vehicular parking or traffic movement and
					 unauthorized discharge, dumping, or abandoning of any petroleum product,
					 hazardous material, or sewage in violation of the state water quality standards
					 established by the department of health, may be fined or deprived of the
					 privilege of operating or mooring any vessel in state waters for a period of
					 not more than thirty days, in accordance with section
					 200-14, Hawaii Revised
					 Statutes.
(b) General
					 administrative penalties. Except as otherwise provided by law, the board is
					 authorized to set, charge, and collect administrative fines and to recover
					 administrative fees and costs, including attorney's fees and costs, or bring
					 legal action to recover administrative fines and fees and costs, including
					 attorney's fees and costs, or payment for damages or for the cost to correct
					 damages resulting from a violation of subtitle 8 of title 12 or any rule
					 adopted thereunder in accordance with section 20014.5, Hawaii Revised Statutes.
					 Each day or instance of violation shall constitute a separate
					 offense.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-5 - Judicial review

Current through June, 2024
Nothing contained in these rules shall be construed to
						preclude appropriate resort to judicial remedy or review.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-6 - Notice

Current through June, 2024
Where notice to a permittee, co-owner, lien holder,
						owner, or any other party is required by this chapter, the department shall
						effect service by one of the following:
(1) Posting the notice in a conspicuous place
					 aboard the permittee's vessel or at the assigned berth;
(2) Mailing the notice to the person by
					 certified mail, return receipt requested, at the person's last known address,
					 provided that service by mail is deemed received and completed five days after
					 the date of mailing; or
(3)
					 Personal service; provided that in an emergency, where life or property is
					 endangered or if a vessel may interfere with other vessels, construction, or
					 maintenance of berthing facilities, or with the free and proper navigation of a
					 waterway unless immediate action is taken, remedial action may be taken by the
					 department without prior notice.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 11 - OCEAN RECREATION AND COASTAL AREAS › Part 1 - SMALL BOAT FACILITIES AND PROVISIONS GENERALLY APPLICABLE TO ALL STATE NAVIGABLE WATERS › Chapter 230 - GENERAL PROVISIONS › Subchapter 1 - SCOPE AND DEFINITIONS › Section 13-230-7 - Tampering with, defacing or removing notices

Current through June, 2024
No person shall tamper with, deface, or remove any notice
						posted by the department pursuant to section
						13-230-6 except the owner of the
						vessel or the permittee assigned to the berth.