Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 275 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER SECTIONS 6E-7 AND 6E-8, HRS › Section 13-275-5 - Identification and inventory of historic properties

Current through June, 2024
(a) The
				agency shall be responsible for determining whether historic properties are
				present in the project area and, if so, to properly identify and inventory the
				properties.
(b) An agency shall
				first consult the SHPD to determine if the area proposed for the project needs
				to undergo an inventory survey to determine if historic properties are present.
				The tax map key for the parcel or parcels involved and a map shall be submitted
				to the SHPD to locate and define the boundaries of the project area. The SHPD
				shall supply a response in writing within thirty days of the receipt of the
				initiating request at the SHPD office. This response shall include a
				justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant
				historic sites are likely to be present then the SHPD will make this
				determination in the form of a "no historic properties affected" letter within
				thirty days of receipt of the request.
(2) Alternatively, the agency can submit
				documents claiming no significant historic sites are likely to be present. The
				document must present supportive evidence documenting any land altering
				activities (including areal extent and depth of disturbances) and documenting
				the likely nature and depth of historic properties that may have once existed
				in the area. The SHPD shall respond in writing within thirty days of receipt of
				the request.
(A) If the SHPD agrees that no
				significant historic properties are present, then the SHPD shall issue a
				written concurrence to the agency in the form of a "no historic properties
				affected" determination and historic preservation review ends; or
(B) If the SHPD does not find the
				documentation satisfactory, then a letter shall be sent to the agency
				specifying why. To proceed with the review process, the agency shall correct
				the problems, consulting with the SHPD as needed, and resubmit the
				documentation or shall conduct an inventory survey, whichever is
				required.
(3) The SHPD
				will make all "no historic properties affected" determinations available to
				interested persons by posting notice every Friday of all such determinations
				either at the SHPD office or on the SHPD website. Should the office be closed
				on any Friday as a result of a holiday or some type of disaster, the
				information shall be posted on the first following working day. Interested
				persons have the opportunity to submit written comments on such determinations
				within thirty days of the notice's posting. Should historic properties be
				reported to the SHPD during these thirty days the SHPD may reconsider its
				concurrence under the provisions of section 13-275-11.
(4) If the SHPD determines that an adequate
				survey exists and that historic properties are present, then the agency shall
				proceed to the next step in the review process, evaluation of the significance
				of the historic properties according to section 13-275-6.
(5) If the SHPD concludes an inventory survey
				needs to be done, this survey shall identify all historic properties and gather
				enough information to evaluate the properties' significance. Inventory surveys
				fall into three main categories, and the SHPD will indicate which category or
				combination of categories is needed.
(A) An
				archaeological inventory survey may be undertaken when the SHPD concludes that
				archaeological properties are present or are likely to be present.
				Archaeological survey often involves detailed field mapping and test
				excavations, laboratory analyses, and interpretive studies. An archaeological
				permit, issued by the SHPD, as set forth in chapter 13-282, is required for
				this survey and any lesser level of archaeological survey work. The survey must
				be directed by a qualified archaeologist who meets the qualifications set forth
				in chapter 13-281. Results of the survey shall be reported either through an
				archaeological assessment, if no sites were found, or an archaeological survey
				report which meets the minimum standards set forth in chapter 13-276. An
				archaeological assessment shall include the information on the property and the
				survey methodology as set forth in subsections 13-276-5(a) and (c), as well as
				a brief background section discussing the former landuse and types of sites
				that might have been previously present.
(B) An ethnographic survey may be undertaken
				when the SHPD concludes that historic properties which may be significant under
				criterion "e" of paragraph 13-275-6(b)(5) are present or are likely to be
				present within the project area and when the project area is known to have been
				used by members of an ethnic community at least fifty years ago or by preceding
				generations. Guidelines for this survey can be obtained from the SHPD. The
				survey must be directed by a qualified ethnographer who meets the
				qualifications set forth in chapter 13-281.
(C) An architectural inventory survey may be
				undertaken when the SHPD concludes that historic buildings, structures,
				objects, or districts are present or are likely to be present within the
				project area. Information shall be of sufficient quality to either complete a
				National Register of Historic Places nomination form, or have SHPD agree it
				provides an adequate basis for making historic preservation decisions. The
				survey must be directed by a qualified historian, architect or architectural
				historian who meets the qualifications set forth in chapter 13-281.