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 232 - SANITATION AND FIRE SAFETY › Subchapter 3 - MAINTENANCE AND STORAGE › Section 13-232-43 - Construction or improvements of structures

Current through June, 2024
(a) No building
					 structure, object, site improvement, landscape treatment, or other facility of
					 any nature whatsoever shall be erected, constructed, reconstructed, altered,
					 moved, installed, or demolished at a state boating facility or other property
					 under the jurisdiction of the division of boating and ocean recreation except
					 in accordance with a department permit or as provided by a lease or right of
					 entry issued by the department. All improvements made pursuant to this section,
					 including those improvements made prior to the effective date of these rules,
					 shall be constructed, maintained, operated, or modified to comply with the
					 Environmental Protection Agency's final approved guidelines for best management
					 practices for marinas and recreational boating, i.e., the "National Management
					 Measures Guidance to Control Nonpoint Source Pollution from Marinas and
					 Recreational Boating. EPA, November 2001," or as subsequently amended. The
					 department may require plans, specifications, and other pertinent data to
					 accompany or supplement any application.
(b) Upon completion, inspection, and
					 acceptance of any mooring facilities constructed by others under the provision
					 of this section, such facilities shall become the property of the State,
					 provided, however that the State may grant preferential but not exclusive use
					 of the facility to the permittee for a period that shall not exceed ten years.
					 The permittee shall maintain the mooring facility while the permit remains in
					 effect.
(c) The permittee shall,
					 concurrently with the execution of the permit, deliver to the State a
					 comprehensive general liability insurance policy or policies, or a certificate
					 of insurance in lieu thereof, evidencing that such a policy has been issued and
					 is in force, with minimum limits of not less than $300,000 for bodily injury to
					 one person and $500,000 for bodily injury to more than one person per
					 occurrence and $100,000 for damage to property per occurrence. The
					 specification of limits contained herein shall not be construed in any way to
					 be a limitation of the liability of the permittee for any injury or damage.
					 Such insurance shall:
(1) Be issued by an
					 insurance company or surety company authorized to do business in the State of
					 Hawaii or approved in writing by the department;
(2) Name the State of Hawaii as an additional
					 insured;
(3) Provide that the
					 department of land and natural resources shall be notified at least thirty days
					 prior to any termination, cancellation, or material change in its insurance
					 coverage;
(4) Cover all injuries,
					 losses, or damages arising from, growing out of, or caused by any acts or
					 omissions of the permittee, its officers, agents, employees, invitees, or
					 licensees in connection with the permittee's use or occupancy of the premises;
					 and
(5) Be maintained and kept in
					 effect at the permittee's own expense throughout the life of the
					 permit.