Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-3 - Transfer of fuenctions

Current through June, 2024
(a) For purposes of
				  geothermal and cable system development projects and for those projects only,
				  the following functions are transferred to the department: the functions of the
				  land use commission related to district boundary amendments as set forth in
				  section
				  205-3.1
				  et seq., Hawaii Revised Statutes; and functions of the land use commission
				  related to changes in zoning as set forth in section
				  205-5, Hawaii Revised
				  Statutes; and permit approval and enforcement functions of the department of
				  transportation related to use of or commercial activities in or affecting the
				  ocean waters and shores of the State under chapter
				  266,
				  Hawaii Revised Statutes. If a geothermal and cable system development project
				  is not successful or is terminated as determined by the department, any change
				  in boundary or zoning made pursuant to this section shall revert to the
				  boundary or zoning in place before the change.
(b) Regarding functions of the land use
				  commission related to district boundary amendments as set forth in section
				  205-3.1
				  et seq., Hawaii Revised Statutes, for district boundary amendments involving
				  land areas greater than fifteen acres, and for land areas fifteen acres or less
				  in conservation districts, for purposes of geothermal and cable system
				  development projects and for those projects only, the department shall process
				  applications as follows. The applicant shall file a petition for boundary
				  amendment with the department. The petition shall be in writing and shall
				  provide a statement of the authorization or relief sought and the statutory
				  provisions under which authorization or relief is sought. For petitions to
				  reclassify properties from the conservation district to any other district, the
				  petition shall include an environmental impact statement or negative
				  declaration approved by the department for the proposed reclassification
				  request; the legal name of the petitioner, and the address, description of the
				  property, the petitioner s proprietary interest in the property, and a copy of
				  the deed or lease, with written authorization of the fee owner to file the
				  petition. The petition shall include the type of development proposed and
				  details regarding the development including timetables, cost, assessment of the
				  effects of the development, and an assessment of the need for reclassification.
				  The department shall serve copies of the application upon the county planning
				  department and planning commission within which the subject land is situated,
				  upon the director of the department of business and economic development, or a
				  designated representative, and upon all persons with a property interest in the
				  property, and upon all persons with a property interest lying within 1000 feet
				  of the subject property, recorded in the county s real property tax records at
				  the time the petition is filed, along with a notice of a public hearing on the
				  matter, to be conducted on the appropriate island. The department shall set the
				  hearing within not less than sixty and not more than one hundred eighty days
				  after a proper application has been filed. The department shall also mail
				  notice of the hearing to all persons who have made a timely written request for
				  advance notice of boundary amendment proceedings, and notice of the hearing
				  shall be published at least once in a newspaper in the county in which the land
				  sought to be redistricted is situated as well as once in a newspaper of general
				  circulation in the State at least thirty days in advance of the hearing. The
				  notice shall comply with the provisions of chapter
				  91, Hawaii Revised Statutes, shall
				  indicate the time and place that maps showing the proposed district boundary
				  may be inspected, and further, shall inform all interested persons of their
				  rights regarding intervening in the proceedings. The petitioner, the office of
				  state planning and the county planning department within which the subject land
				  is situated shall appear at the proceedings as parties in the petition and
				  shall make recommendations relative to the proposed boundary change. The
				  department shall admit any other department or agencies of the State and of the
				  county in which the land is situated as parties upon timely application. The
				  department shall admit any person who has some property interest in the land,
				  who lawfully resides on the land, or within 1000 feet of the land, or who
				  otherwise can demonstrate that they will be so directly and immediately
				  affected by the proposed change that their interest in the proceeding is
				  clearly distinguishable from that of the general public, as interveners to the
				  proposed boundary change. The department shall receive applications for leave
				  to intervene from any member of the public, provided the department may deny an
				  application if it appears it is substantially the same as the position of a
				  party already admitted to the proceeding and if admission of additional parties
				  will render the proceedings inefficient and unmanageable. The petition for
				  intervention shall be filed with the department within fifteen days after the
				  notice of hearing is published in the newspaper. The petition shall make
				  reference to the following:
(1) Nature of
				  petitioner s statutory or other right;
(2) Nature and extent of the petitioner s
				  interest, and if an abutting property owner, or a property owner whose property
				  lies within 1000 feet of the subject land, the tax map key description of the
				  property; and
(3) Effect of any
				  decision in the proceeding on petitioner s interest.
Within a period of not more than one hundred and twenty
					 days after the close of the hearing, the department shall, by findings of fact
					 and conclusions of law, act to approve the petition, deny the petition, or to
					 modify the petition by imposing conditions necessary to uphold the intent and
					 spirit of the law or to assure substantial compliance with representations made
					 by the petitioner in seeking a boundary change.
The department shall not approve an amendment of a land
					 use district boundary unless the department finds upon the clear preponderence
					 of the evidence that the proposed boundary amendment is reasonable, not
					 violative of section
					 205-2,
					 Hawaii Revised Statutes, and consistent with the policies and criteria
					 established pursuant to sections
					 205-16,
					 205-17,
					 and
					 205A-2,
					 Hawaii Revised Statutes.
In its review of any petition for reclassification of
					 district boundaries pursuant to this chapter, the department shall specifically
					 consider the following:
(1) The extent
				  to which the proposed reclassification conforms to the applicable goals,
				  objectives, and policies of the Hawaii State Plan and relates to the applicable
				  priority guidelines of the Hawaii State Plan and the adopted functional
				  plans;
(2) The extent to which the
				  proposed reclassification conforms to the applicable district
				  standards;
(3) The impact of the
				  proposed reclassification on the following areas of state concern:
(A) Preservation or maintenance of important
				  natural systems or habitats;
(B)
				  Maintenance of valued cultural, historical, or natural resources;
(C) Maintenance of other natural resources
				  relevant to Hawaii s economy including, but not limited to agricultural
				  resources;
(D) Commitment of state
				  funds and resources;
(E) Provision
				  for employment opportunities and economic development; and
(F) Provision for housing opportunities for
				  all income groups, particularly the low, low-moderate and gap groups;
				  and
(4) In establishing
				  the boundaries of the districts in each county, the department shall give
				  consideration to the general plan of the county in which the land is located.
Amendments of land use district boundary in other than
					 conservation districts involving land areas fifteen acres or less shall be
					 determined by the appropriate county land use decision-making authority for the
					 district.