Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 184 - DESIGNATION AND REGULATION OF GEOTHERMAL RESOURCE SUBZONES › Subchapter 3 - REGULATION OF GEOTHERMAL RESOURCE SUBZONES › Section 13-184-11 - Administration of subzones

Current through June, 2024
Geothermal development activities within a geothermal
					 resource subzone shall be administered as follows:
(1) The use of an area for geothermal
				  development activities within a geothermal resource subzone shall be governed
				  by the board, if such activities lie within a conservation use district. If
				  geothermal development activities are proposed within a conservation district,
				  then, after receipt of a properly filed and completed application, the board
				  shall conduct a public hearing and, upon appropriate request, a contested case
				  hearing pursuant to chapter
				  91, Hawaii Revised Statutes, to
				  determine whether, pursuant to board regulations, a conservation district use
				  permit shall be granted to authorize the geothermal development activities
				  described in the application.
(2)
				  The use of an area for geothermal development activities within a geothermal
				  resource subzone shall be governed by both state and county statutes,
				  ordinances, and rules, if such activities lie within an agricultural, rural, or
				  urban use district; except that land use commission approval or special use
				  permit procedures which are provided for in section
				  205-6, Hawaii
				  Revised Statutes, shall not be required for the use of such subzones for
				  geothermal development activities. In the absence of provisions in the county
				  general plan and zoning ordinances specifically relating to the use and
				  location of geothermal development activities in an agricultural, rural, or
				  urban district, the appropriate county authority may issue a geothermal
				  resource permit to allow geothermal development activities. Such uses as are
				  permitted by county general plan and zoning ordinances by the appropriate
				  county authority shall be deemed to be reasonable and to promote the
				  effectiveness and objectives of chapter 205, Hawaii Revised Statutes. If
				  provisions in the county general plan and zoning ordinances specifically relate
				  to the use and location of geothermal development activities in an
				  agricultural, rural, or urban district, the provisions shall require the
				  appropriate county authority to conduct a public hearing and, upon appropriate
				  request, a contested case hearing pursuant to chapter
				  91, Hawaii Revised Statutes, on any
				  application for a geothermal resource permit to determine whether the use is in
				  conformity with the criteria specified in section 205-5.1(e), Hawaii Revised
				  Statutes, for granting geothermal resource permits.
If geothermal development activities are proposed within
					 agricultural, rural, or urban districts and such proposed activities are not
					 permitted uses pursuant to county general plan and zoning ordinances, then
					 after receipt of a properly filed and completed application, the appropriate
					 county authority shall conduct a public hearing and, upon appropriate request,
					 a contested case hearing pursuant to chapter
					 91, Hawaii Revised Statutes, to
					 determine whether a geothermal resource permit shall be granted to authorize
					 the geothermal development activities described in the application. The
					 appropriate county authority shall grant a geothermal resource permit if it
					 finds that applicant has demonstrated by a preponderance of the evidence
					 that:
(a) The desired uses would not
				  have unreasonable adverse health, environmental, or socio-economic effects on
				  residents or surrounding property; and
(b) The desired uses would not unreasonably
				  burden public agencies to provide roads and streets, sewers, water, drainage,
				  school improvements, and police and fire protection; and
(c) That there are reasonable measures
				  available to mitigate the unreasonable adverse effects or burdens referred to
				  above.
Unless there is a mutual agreement to extend, a decision
					 shall be made on the application by the appropriate county authority within 180
					 days of the date a complete application was filed; provided that if a contested
					 case hearing is held, the final permit decision shall be made within 270 days
					 of the date a complete application was filed.
County issued geothermal resource permits shall not
					 abrogate nor supersede the provisions of chapters
					 177,
					 178,
					 182,
					 183,
					 205A,
					 226,
					 342, and
					 343, Hawaii Revised Statutes, and
					 administrative rules promulgated thereunder shall apply as appropriate.