Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 280 - RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS › Section 13-280-2 - Definitions

Current through June, 2024
As used in this chapter unless the context requires
				  otherwise:
"Agency" means any state or county governmental
				  entity.
"Archaeological data recovery" means the form of mitigation
				  that archaeologically records or recovers a reasonable and adequate amount of
				  information as determined by the department, from a significant historic
				  property.
"Burial site" means any specific unmarked location where
				  prehistoric or historic human skeletal remains and their associated burial
				  goods if any, are interred, and its immediate surrounding archaeological
				  context, including any associated surface or subsurface features, deemed a
				  unique class of historic property, and not otherwise included in section
				  6E-41,
				  HRS.
"Consultation process" means notifying interested
				  organizations and individuals that a project could affect historic properties
				  of interest to them; seeking their views on the identification, significance
				  evaluations, and mitigation treatment of these properties; and considering
				  their views in a good faith and appropriate manner during the review
				  process.
"Department" or "DLNR" means the state department of land
				  and natural resources.
"Historic preservation review process" means the process
				  specified in chapters 13-275 and 13-284, used to comply with sections
				  6E-7,
				  6E-8
				  and
				  6E-42,
				  HRS.
"Historic property" means any building, structure, object,
				  district, area, or site, including heiau and underwater site, which is over
				  fifty years old.
"Mitigation" means the measures taken to minimize impacts to
				  significant historic properties. Mitigation may take different forms,
				  including, but not limited to, preservation, archaeological data recovery,
				  reburial, ethnographic data recovery, historic data recovery, and architectural
				  recordation.
"Mitigation plan" means the plan setting forth appropriate
				  treatment of historic properties, burial sites or human skeletal
				  remains.
"Person" means any individual, firm, association, agency,
				  organization, partnership, estate, trust, corporation, company, or governmental
				  unit that is proposing a project.
"Preservation" means the mitigation form in which a historic
				  property is preserved.
"Project" means any activity directly undertaken by the
				  state or its political subdivisions or supported in whole or in part through
				  appropriations, contracts, grants, subsidies, loans, or other forms of funding
				  assistance from the state or its political subdivisions or involving any lease,
				  permit, license, certificate, land use change, or other entitlement for use
				  issued by the state or its political subdivisions.
"Project area" means the area the proposed project may
				  potentially affect, either directly or indirectly. It includes not only the
				  area where the project will take place, but also the proposed project's area of
				  potential effect.
"Significant historic property" means any historic property
				  that meets the criteria of the Hawaii register or the criteria enumerated in
				  subsection
				  13-275-6(b) or
				  13-284-6(b).
"State historic preservation division" or "SHPD" means the
				  sate historic preservation division within the state department of land and
				  natural resources.