Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 3 - CONSTRUCTION, ENLARGEMENT, REPAIR, ALTERATION, OR REMOVAL OF DAMS AND RESERVOIRS › Section 13-190.1-20 - General requirements for construction, enlargement, repair, alteration, or removal of a dam, reservoir, or appurtenant works

Current through June, 2024
(a) No
				  person shall construct, enlarge, repair, alter, or remove any dam or reservoir
				  until a dam permit application form has been filed, approval of the
				  construction plans and specifications is obtained from the board, and a written
				  application approval is issued. Owners proposing routine maintenance not
				  affecting the safety of the structure are exempted from the requirements of
				  this subchapter. All submittals shall be in accordance with this chapter. The
				  department guidelines shall assist but not limit evaluation of the
				  application.
(b) Nothing in this
				  chapter grants an exemption from any applicable federal, state, or county
				  governmental requirements.
(c) The
				  applicant shall notify in writing, the county engineer or appropriate person
				  within the county, for which the dam or reservoir is located, of the submittal
				  of a permit application for the construction, enlargement, repair, alteration,
				  or removal of a dam or reservoir, A copy of this notification letter shall be
				  submitted to the department by the applicant.
(d) A separate application shall be filed
				  with the department for each regulated dam or reservoir and for each separate
				  project. The applicant shall submit to the department, three hard copies and an
				  electronic copy on disk of the application package. The application package
				  shall consist of the following:
(1) The
				  department's dam permit application form. Each application shall be made on
				  forms furnished by the department and shall be signed by the dam owner or an
				  authorized representative of the dam owner. If there are multiple owners of the
				  property where the dam is located, a property map shall be provided showing the
				  dam with the property lines identified for each owner. A notarized letter of
				  concurrence and agreement from the owners of all property on which the proposed
				  project is being conducted is required. Each application shall include at a
				  minimum the following:
(A) Name and address
				  of the applicant;
(B) Name and
				  address of the owner or owners and their associated tax map key numbers of the
				  properties upon which the works are to be constructed, enlarged, repaired,
				  altered, or removed;
(C)
				  Description of the location, type, size, purpose, and height of the proposed,
				  enlarged, repaired, altered, or removed dam, and the reservoir and appurtenant
				  works;
(D) Storage capacity and
				  reservoir surface areas for maximum water storage elevation and design water
				  level;
(E) Plans for installation
				  of any permanent instrumentation at the dam or appurtenant
				  structures;
(F) Area of the
				  drainage basin, rainfall and stream flow records, and flood-flow records and
				  estimates (as applicable);
(G)
				  Relevant construction drawings, plans, and specifications signed and sealed by
				  the design engineer, licensed in the State of Hawaii; and the name and address
				  of the design engineer who prepared the plans and specifications;
(H) Proposed times of commencement and
				  completion of the proposed activity; and
(I) A listing of all sources of inflow to the
				  reservoir (as applicable);