Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-5 - Identification and inventory of historic properties

Current through June, 2024
(a) The
				agency shall ensure whether historic properties are present in the project area
				and, if so, it shall ensure that these properties are properly identified and
				inventoried.
(b) An agency shall
				first consult the SHPD to determine if the area proposed for the project needs
				to undergo an inventory survey to determine if historic properties are present.
				The tax map key for the parcel or parcels involved and a map shall be submitted
				to the SHPD to locate and define the boundaries of the actual project. The SHPD
				shall supply a response in writing within thirty days of the receipt of the
				initiating request at the SHPD office. This response shall include a
				justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant
				historic sites are likely to be present due to past land disturbances then the
				SHPD shall make this determination in the form of a "no historic properties
				affected" letter within thirty days; or
(2) Alternatively, the agency can submit
				documents claiming no significant historic sites are likely to be present. The
				document must present supportive evidence documenting the land altering
				activities (including areal extent and depth of disturbances) and documenting
				the likely nature and depth of historic properties that may have once existed
				in the area. The SHPD shall respond in writing within thirty days.
(A) If the SHPD finds that no significant
				historic properties are present, then the SHPD shall issue a written response
				to the agency in the form of a "no historic properties affected" determination
				and historic preservation review ends; or
(B) If the SHPD finds historic properties may
				be present, then a letter shall be sent to the agency specifying why. To
				proceed with the review process, the agency shall correct the problems,
				consulting with the SHPD as needed, and resubmit the documentation or shall
				conduct an inventory survey.
(3) The SHPD shall make all "no historic
				properties affected" comments available to interested persons by posting notice
				of all such "no historic properties affected" comments at the SHPD office and
				on the SHPD's website every Friday. Should the office be closed on any Friday
				as a result of a holiday .or some type of disaster, the information shall be
				posted on the first following working day. Interested persons have the
				opportunity to submit written comments on such determinations within thirty
				days of the notice's posting. During these thirty days, should historic
				properties be reported to the SHPD, the SHPD shall reconsider its response
				under the provisions of section 13-284-12.
(4) If the SHPD indicates that an adequate
				survey exists and that historic properties are present, then the agency shall
				proceed to the next step in the review process, evaluation of the significance
				of the historic properties according to the following section of this
				rule.
(5) If the SHPD concludes an
				inventory survey needs to be done, this survey shall identify all historic
				properties and gather enough information to evaluate the properties'
				significance. Inventory surveys fall into three main categories, and the SHPD
				shall indicate which category or combination of categories is needed.
(A) An archaeological inventory survey may be
				undertaken when the SHPD concludes that archaeological properties are present
				or are likely to be present. Archaeological survey often involves detailed
				field mapping and test excavations, laboratory analyses, and interpretive
				studies. Specific minimal requirements for this survey are contained in chapter
				13-276. A permit, issued by the SHPD, as set forth in chapter 13-282, is
				required for this survey and any lesser level of archaeological survey work.
				The survey must be directed by a qualified archaeologist who meets the
				qualifications set forth in chapter 13-281. Results of the survey shall be
				reported either through an archaeological assessment, if no sites were found,
				or an archaeological survey report which meets the minimum standards set forth
				in chapter 13-276. An archaeological assessment shall include the information
				on the property and the undergo an inventory survey to determine if historic
				properties are present. The tax map key for the parcel or parcels involved and
				a map shall be submitted to the SHPD to locate and define the boundaries of the
				actual project. The SHPD shall supply a response in writing within thirty days
				of the receipt of the initiating request at the SHPD office. This response
				shall include a justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant
				historic sites are likely to be present due to past land disturbances then the
				SHPD shall make this determination in the form of a "no historic properties
				affected" letter within thirty days; or
(2) Alternatively, the agency can submit
				documents claiming no significant historic sites are likely to be present. The
				document must present supportive evidence documenting the land altering
				activities (including areal extent and depth of disturbances) and documenting
				the likely nature and depth of historic properties that may have once existed
				in the area. The SHPD shall respond in writing within thirty days.
(A) If the SHPD finds that no significant
				historic properties are present, then the SHPD shall issue a written response
				to the agency in the form of a "no historic properties affected" determination
				and historic preservation review ends; or
(B) If the SHPD finds historic properties may
				be present, then a letter shall be sent to the agency specifying why. To
				proceed with the review process, the agency shall correct the problems,
				consulting with the SHPD as needed, and resubmit the documentation or shall
				conduct an inventory survey.
(3) The SHPD shall make all "no historic
				properties affected" comments available to interested persons by posting notice
				of all such "no historic properties affected" comments at the SHPD office and
				on the SHPD's website every Friday. Should the office be closed on any Friday
				as a result of a holiday .or some type of disaster, the information shall be
				posted on the first following survey methodology as set forth in subsections
				13-276-5(a) and (c).
(B)
				An ethnographic survey may be undertaken when the SHPD concludes that historic
				properties which may be significant under criterion "e" of paragraph
				13-284-6(b)(5) are present or are likely to be present within the project area
				and when the project area is known to have been used by members of an ethnic
				community at least fifty years ago or by preceding generations. Guidelines for
				this survey can be obtained from the SHPD. The survey must be directed by a
				qualified ethnographer who meets the qualifications set forth in chapter
				13-281.
(C) An architectural
				inventory survey may be undertaken when the SHPD concludes that historic
				buildings, structures, objects, or districts are present or are likely to be
				present within the project area. Minimally, information shall be of sufficient
				quality to complete a National Register of Historic Places nomination form. The
				survey must be directed by a qualified historian, architect, or architectural
				historian who meets the qualifications set forth in chapter 13-281.