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 231 - OPERATION OF BOATS, SMALL BOAT HARBORS, AND USE PERMITS FOR ALL NAVIGABLE WATERS › Subchapter 1 - USE OF SMALL BOAT HARBORS, OFFSHORE MOORING, AND GENERALLY APPLICABLE PROVISIONS › Section 13-231-27 - Allocation of principal habitation permits

Current through June, 2024
(a) Application for
					 a principal habitation permit; period of validity; renewal of application.
(1) The first owner to file an application
					 may be offered a principal habitation permit as described under subsection (e)
					 if the maximum number of vessels authorized by Section 13-231-26(f) are not
					 being used as the principal habitation of the owners; provided that no prior
					 requests are pending as provided in this section.
(2) If the maximum number of vessels
					 permitted by Section 13-231-26(f) is being used as the principal habitation of
					 the owners, an owner's application for a principal habitation permit shall be
					 retained and honored when the total number of vessels so used is less than the
					 maximum limit and the issuance of the permit is determined by the department to
					 not be detrimental to the operations of the harbor or any planned use of the
					 harbor.
(A) An application for the issuance
					 of a principal habitation permit shall be made in writing to the department by
					 the owner on a form provided by the department. The department shall accept the
					 application for consideration by endorsing it and entering the filing time and
					 date on the application form submitted; one copy shall be given to the
					 applicant. The time and date the application is endorsed by the department
					 shall be the filing date and the effective date of the application for
					 consideration and shall establish such applicant's seniority or priority over
					 later applicants if the application remains valid. No application shall be
					 accepted unless and until the application fee prescribed in these rules is paid
					 by the applicant and review thereof has been conducted pursuant to subsection
					 (b).
(B) An application shall
					 continue in full force and effect for a period ending one year from the
					 effective date of the application, except as provided in subsection (c) unless
					 terminated sooner in accordance with these rules. An application is void after
					 the date of expiration indicated thereon.
(C) An application may be renewed within a
					 ninety-day period preceding its expiration date. An application properly
					 renewed prior to its expiration date shall be valid for a period ending one
					 year from expiration date of the previous application. No application for
					 renewal shall be accepted until the fee prescribed in these rules is paid by
					 the applicant.
(D) It is the policy
					 of the department to mail an application renewal notice to an applicant, prior
					 to the expiration of the application, at the address the applicant has
					 furnished to the department pursuant to subsection (c). However, the applicant
					 is nonetheless responsible for the timely renewal of an application without
					 receipt of a renewal notice from the department.