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 13-5-42 - Standard conditions

Current through June, 2024
(a) Any land use
				  allowed within the conservation district is subject to the following standard
				  conditions:
(1) The applicant shall comply
				  with all applicable statutes, ordinances, rules, and regulations of the
				  federal, state, and county governments, and applicable parts of this
				  chapter;
(2) The applicant, its
				  successors and assigns, shall indemnify and hold the State of Hawaii harmless
				  from and against any loss, liability, claim, or demand for property damage,
				  personal injury, and death arising out of any act or omission of the applicant,
				  its successors, assigns, officers, employees, contractors, and agents under
				  this permit or relating to or connected with the granting of this
				  permit;
(3) The applicant shall
				  obtain appropriate authorization from the department for the occupancy of state
				  lands, if applicable;
(4) The
				  applicant shall comply with all applicable department of health administrative
				  rules;
(5) The single family
				  dwelling shall not be used for rental or any other commercial purposes unless
				  approved by the board;
(6) The
				  applicant shall provide documentation (e.g. book and page or document number)
				  that the permit approval has been placed in recordable form as a part of the
				  deed instrument, prior to submission for approval of subsequent construction
				  plans;
(7) Before proceeding with
				  any work authorized by the department or the board, the applicant shall submit
				  four copies of the construction plans and specifications to the chairperson or
				  his authorized representative for approval for consistency with the conditions
				  of the permit and the declarations set forth in the permit application. Three
				  of the copies will be returned to the applicant. Plan approval by the
				  chairperson does not constitute approval required from other
				  agencies;
(8) Any work or
				  construction to be done on the land shall be initiated within one year of the
				  approval of such use, in accordance with construction plans that have been
				  signed by the chairperson, and, unless otherwise authorized, shall be completed
				  within three years of the approval of such use. The applicant shall notify the
				  department in writing when construction activity is initiated and when it is
				  completed;
(9) All representations
				  relative to mitigation set forth in the accepted environmental assessment or
				  impact- statement for the proposed use are incorporated as conditions of the
				  permit;
(10) The applicant
				  understands and agrees that the permit does not convey any vested right (s) or
				  exclusive privilege;
(11) In
				  issuing the permit, the department and board have relied on the information and
				  data which the applicant has provided in connection with the permit
				  application. If, subsequent to the issuance of the permit such information and
				  data prove to be false, incomplete, or inaccurate, this permit may be modified,
				  suspended, or revoked, in whole or in part, and the department may, in
				  addition, institute appropriate legal proceedings;
(12) When provided or required, potable water
				  supply and sanitation facilities shall have the approval of the department of
				  health and the board of water supply;
(13) Provisions for access, parking,
				  drainage, ,fire protection, safety; signs,- lighting, and changes on the
				  landscape shall be provided;
(14)
				  Where any interference, nuisance, or harm may be caused, or hazard established
				  by the use, the applicant shall be required to take measures to minimize or
				  eliminate the interference, nuisance, harm, or hazard;
(15) Obstruction of public roads, trails, and
				  pathways shall be minimized. If obstruction is unavoidable, the applicant shall
				  provide roads, trails, or pathways acceptable to the department;
(16) Except in case of public highways,
				  access roads shall be limited to a maximum of two lanes;
(17) During construction, appropriate
				  mitigation measures shall be implemented to minimize impacts to off-site
				  roadways, utilities, and public facilities;
(18) Cleared areas shall be revegetated
				  within thirty days unless otherwise provided for in a plan on file with and
				  approved by the department;
(19)
				  Use of the area shall conform with the program of appropriate soil and water
				  conservation district or plan approved by and on file with the department,
				  where applicable;
(20) Animal
				  husbandry activities shall be limited to sustainable levels in accordance with
				  good soil conservation and vegetation management practices; and
(21) Other terms and conditions as prescribed
				  by the chairperson.