reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - INVESTMENTS BY THE CORPORATION › Section 15-127-15 - General Guidelines

Current through June, 2024
(a) All actions
				  taken by the corporation shall be necessary to achieve the purposes and
				  objectives of this chapter. The corporation shall evaluate all programs after
				  three years to determine their effectiveness.
(b) Financial participation shall be made on
				  the condition that the recipient of the assistance shall utilize the money to
				  assist economic development projects within the State that have potential for
				  increasing the diversification of the economic base and employment.
(c) Investments by the corporation with
				  persons shall be made on the basis of solicitation and a competitive technical
				  review process, subject to the availability of funds allocated to the
				  corporation for making investments. Any organization applying for an investment
				  shall meet the following standards:
(1) Have
				  bylaws or policies that describe the manner in which business is
				  conducted;
(2) Be licensed and
				  accredited as applicable, in accordance with requirements of federal, state,
				  and county governments;
(3) Comply
				  with applicable federal and state laws prohibiting discrimination against any
				  person on the basis of race, color, national origin, religion, creed, sex, age,
				  or physical handicap; and
(4)
				  Comply with other requirements as the board may prescribe.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - INVESTMENTS BY THE CORPORATION › Section 15-127-16 - Types of Investment

Current through June, 2024
(a) The corporation
				  may make three types of investments:
(1)
				  Indirect investments; or
(2) Direct
				  investments; or
(3) Sureties for
				  capital access.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - INVESTMENTS BY THE CORPORATION › Section 15-127-17 - Eligibility

Current through June, 2024
(a) The corporation shall establish a seed
				  capital program and may invest in:
(1) A
				  certified development company under Title V of the Small Business Investment
				  Act of 1958, 15 U.S.C. $95 to 697, and the regulations adopted under those
				  sections;
(2) A small business
				  investment company under Title III of the Small Business Investment Act of
				  1958,
				  15 U.S.C.
				  631 to
				  634,
				  636 to
				  649,
				  and the regulations adopted under those sections;
(3) A similar entity that may leverage its
				  capital under a federal program;
(4) A seed capital fund or partnership;
				  or
(5) Eligible
				  enterprises.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - INVESTMENTS BY THE CORPORATION › Section 15-127-18 - Application procedures

Current through June, 2024
(a) The corporation
				  may solicit proposals for financing, advertise, accept referrals or unsolicited
				  proposals as the board deems appropriate. The board may require submission of
				  business plans in the case of enterprises or a statement of investment
				  philosophy and performance record in the case of seed and venture financing
				  organizations.
(b) The board shall
				  approve or disapprove requests for assistance within ninety days of receiving a
				  complete written application. Upon written request by an applicant, the board
				  may reconsider its denial of an application for assistance or may waive the
				  ninety-day deadline for approving or disapproving an application.
(c) Any person who submits any statement,
				  report, application, or other document to the corporation which is known to the
				  person to be false in any material respect shall be guilty of a class C
				  felony.
(d) The corporation may
				  condition any assistance of any type by placing restrictions on the recipients
				  in regard to the recipient's assets or indebtedness or in any other manner
				  deemed appropriate by the corporation. A recipient who accepts assistance from
				  the corporation shall be deemed to agree to be bound by any conditions or
				  restrictions imposed by the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - INVESTMENTS BY THE CORPORATION › Section 15-127-19 - Preferences and priorities

Current through June, 2024
(a) The corporation
				  shall assure equal opportunity to minority-owned businesses.
(b) The corporation shall give priority to
				  projects in which private investors have made significant financial
				  commitments.
(c) The corporation
				  shall give priority in procuring insurance, guarantees, and letters of credit
				  to economic development projects that have the greatest potential for creating
				  new jobs or retaining current jobs within the state.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - INVESTMENTS BY THE CORPORATION › Section 15-127-20 - Terms, and restrictions

Current through June, 2024
General investment limits and restrictions upon the
					 corporation include the following:
(1)
				  The provision for a return on investment to the extent possible.
(2) Investments by the corporation in private
				  investment funds require that investments in Hawaii businesses by such funds
				  shall equal at least the amount of the corporation's investment.
(3) The corporation shall not make direct
				  investments in individual businesses except upon a two-thirds vote of the board
				  in each case considered.
(4) The
				  corporation shall not acquire a beneficial interest in an enterprise that would
				  provide voting control.
(5) The
				  corporation shall not invest more than $5,000,000 in any one
				  enterprise.
(6) Direct investments
				  of the corporation shall not exceed five per cent of the assets of the
				  corporation, provided that by a two-thirds vote of the board the amount may be
				  increased to a level not to exceed twenty-five per cent.
(7) Investments may be used for any purpose
				  consistent with the purposes and objectives of this chapter and on such terms
				  and conditions as the corporation shall determine to be reasonable,
				  appropriate, and consistent with the purposes and objectives of this
				  chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - SPECIAL CONSIDERATIONS › Section 15-127-30 - Limits of liability

Current through June, 2024
(a) The corporation
				  shall not promise to answer for the debts of any other person.
(b) chapters
				  661 and
				  662 or any other law to the contrary
				  notwithstanding, nothing in this chapter shall create an obligation, debt,
				  claim, cause of action, claim for relief, charge, or any other liability of any
				  kind whatsoever in favor of any person or entity, without regard to whether
				  that person or entity receives any benefits under this chapter, against the
				  state or its officers and , employees. The State and its officers and employees
				  shall not be liable for the results of any investment; purchase of securities,
				  loan, or other assistance provided pursuant to this chapter. Nothing in this
				  chapter shall be construed as authorizing any claim against the corporation in
				  excess of any note, loan, other specific indebtedness incurred by the
				  corporation or in excess of any insurance policy acquired for the corporation
				  or its employees.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - SPECIAL CONSIDERATIONS › Section 15-127-31 - Annual report and audit

Current through June, 2024
The corporation shall submit a complete and detailed
					 report of the corporation's activities to the legislature. The report shall be
					 submitted not later than twenty days before the convening of the regular
					 session of 1991 and every year thereafter. The books and records of the
					 corporation shall be subject to annual financial and management audit by an
					 independent auditor.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - SPECIAL CONSIDERATIONS › Section 15-127-33 - Chapter 42 provisions

Current through June, 2024
Investments by the corporation shall not be subject to
					 chapter
					 42 provisions regarding financing for
					 private organizations.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 127 - HAWAII STRATEGIC DEVELOPMENT CORPORATION RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - SPECIAL CONSIDERATIONS › Section 15-127-34 - Severability

Current through June, 2024
This chapter shall be liberally construed to effect its
					 purposes. If any provision of this Act, or the application thereof to any
					 person or circumstance is held invalid, the invalidity does not affect other
					 provisions or applications of the Act which can be given effect without the
					 invalid provision or application, and to this end the provisions of this Act
					 are severable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 15-150-1 - Purpose

Current through June, 2024
The purpose of this chapter is to govern the practice and
					 procedure before the office of planning in determining approval of development
					 in special management areas, and structures and activities within shoreline
					 setback areas of community development districts. This chapter shall be
					 liberally construed to preserve, protect, and where possible, to restore the
					 natural resources of the coastal zone of Hawaii. Special controls on
					 developments within an area along the shoreline are necessary to avoid
					 permanent losses of valuable resources and the foreclosure of management
					 options, and to ensure that adequate public access, by dedication or other
					 means, to publicly owned or used beaches, recreation areas, and natural
					 reserves is provided.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-3 - Adoption

Current through June, 2024
The special management area for community development
					 districts shall be those established by the respective counties and shown on
					 the special management area maps.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-4 - Included area

Current through June, 2024
The special management areas of the community development
					 districts shall include those areas so designated on the
					 maps.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-5 - Objectives and policies

Current through June, 2024
The objectives and policies of this chapter shall be those
					 contained in section
					 205A-2,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-6 - Review guidelines

Current through June, 2024
The following guidelines shall be used by the lead agency
					 for the review of developments proposed in the special management area:
(1) All development in the special management
				  area shall be subject to reasonable terms and conditions set by the lead agency
				  to ensure that:
(A) Adequate access, by
				  dedication or other means, to publicly owned or used beaches, recreation areas,
				  and natural reserves is provided to the extent consistent with sound
				  conservation principles;
(B)
				  Adequate and properly located public recreation areas and wildlife preserves
				  are reserved;
(C) Provisions are
				  made for solid and liquid waste treatment, disposition, and management that
				  will minimize adverse effects upon special management area resources;
(D) Alterations to existing landfarms and
				  vegetation, except crops, and construction of structures shall cause minimum
				  adverse effect to water resources, beaches, coastal dunes, and scenic and
				  recreational amenities and minimize impacts from floods, wind damage, storm
				  surge, landslides, erosion, sea level rise, siltation, or failure in the event
				  of earthquake; and
(E) Artificial
				  light from floodlights, uplights, or spotlights used for decorative or
				  aesthetic purposes does not directly illuminate the shoreline and ocean waters
				  and is not directed to travel across property boundaries toward the shoreline
				  and ocean waters, except as provided in sections
				  205A-30.5(b)
				  and
				  205A-71(b),
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-7 - Assessment procedures and guidelines

Current through June, 2024
All development within the special management area of a
					 community development district shall be subject to assessment by the lead
					 agency under the provisions of this chapter. The assessment shall be pursuant
					 to the objectives, policies, and guidelines of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-8 - General information

Current through June, 2024
Any applicant contemplating development within the special
					 management area shall contact the lead agency for information regarding
					 procedures and general information to assist in processing development
					 applications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-9 - Filing requirements

Current through June, 2024
Before the proposed development shall be accepted for
					 approval consideration, any applicant shall, file with the lead ' agency the
					 following:
(1) A completed application
				  form that can be obtained from the lead agency;
(2) A tax map key identification of the
				  property on which the applicant proposes its development;
(3) A plot plan of the property, drawn to
				  scale;
(4) A written description of
				  the proposed development and a statement of objectives, and an estimate of the
				  valuation of the development;
(5) A
				  written description of the affected environment that addresses the
				  development's technical and environmental characteristics;
(6) A shoreline certification if the parcel
				  abuts the shoreline; provided that the lead agency may waive a shoreline
				  certification requirement if:
(A) The
				  shoreline is fixed by an artificial structure or structures that have been
				  approved by all appropriate government agencies and for which engineering
				  drawings exist to locate the interface between the shoreline and the structure;
				  or
(B) The shoreline is fixed by
				  natural stabilized geographic features such as cliffs and rock formations;
				  and
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-10 - Assessment

Current through June, 2024
Upon compliance with the foregoing requirements, the lead
					 agency shall notify the applicant in writing within seven working days of
					 receipt that the application has been accepted. The lead agency shall assess
					 the proposal based on the following criteria:
(1) The valuation or fair market value of the
				  development; and
(2) The potential
				  effects and the significance of each effect according to the objectives,
				  policies, and review guidelines contained in sections
				  15-150-5
				  and
				  15-150-6, and
				  the provisions of chapter
				  343, HRS, and the environmental
				  quality commission's EIS rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-11 - Determination

Current through June, 2024
The lead agency shall, within thirty days after submission
					 of the completed information for a proposed development, notify the applicant
					 in writing that the director has determined the proposal to:
(1) Be exempt from the preparation of an
				  environmental assessment under chapter
				  343, HRS, where the lead agency finds
				  the proposal is exempt under section
				  11-200-8
				  of the environmental quality commission's EIS rules;
(2) Be exempt from the requirements of this
				  subchapter;
(3) Meet the
				  requirements for the special management area minor approval, and issue a
				  negative declaration, which shall be filed with the office of environmental
				  quality control where the lead agency finds that the proposed development:
(A) Has a valuation or fair market value not
				  in excess of $500,000; and
(B) Will
				  not significantly affect the special management area;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-12 - Environmental assessment requirements

Current through June, 2024
(a) The negative
				  declaration and EIS preparation notices shall contain all the information
				  required to be presented under the environmental quality commission's EIS
				  rules.
(b) The lead agency shall
				  assure that the public is informed of the director's determinations on special
				  management area use approvals through publication of notices in the Office of
				  Environmental Quality Control Bulletin or another publication.
(c) In processing a negative declaration or
				  environmental impact statement preparation notice, the lead agency shall adhere
				  to chapter
				  343, HRS, and the environmental
				  quality commission's EIS rules.
(d)
				  Any development which has been assessed under the National Environmental Policy
				  Act or chapter
				  343, HRS, and a negative declaration
				  has been filed or a required EIS has been accepted may be waived from the
				  environmental assessment requirements in this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-13 - Public hearings

Current through June, 2024
(a) A public
				  hearing shall be held on all proposed developments declared by the lead agency
				  to require a special management area use approval.
(b) The lead agency shall hold a public
				  hearing at a date set no less than twenty-one nor more than sixty calendar days
				  after the date the application has been accepted by the lead agency for
				  consideration, unless the sixty-day period is waived by the
				  applicant.
(c) The applicant shall
				  publish a notice in accordance with section
				  1-28.5 and
				  section
				  205A-29,
				  HRS, as amended, at least twenty calendar days in advance, stating the nature
				  of the proposed development for which an application is made and the time and
				  place of the public hearing.
(d)
				  The applicant shall submit to the lead agency proof that the notice of public
				  hearing was published correctly.
(e) The applicant shall give notice of the
				  public hearing by certified mail at least fifteen days prior to the public
				  hearing to the pertinent neighborhood boards, the owners of all property within
				  three hundred feet of the affected property, to all owners of the property
				  described in the application, and to persons who have requested in writing to
				  the lead agency to be notified of special management area use hearings or
				  applications; and at least five days prior to the public hearing, the applicant
				  shall submit to the lead agency proof that the notices in this subsection were
				  given.
(f) A public hearing shall
				  be held in the county where the development is proposed. Any such hearing may
				  be held jointly and concurrently with any other hearing required for the same
				  proposed development.
(g) During
				  the public hearing, interested persons shall be given an opportunity to provide
				  testimony and/or ask questions. The hearings officer may require the applicant
				  to answer the questions.
(h) Upon
				  notification of a public hearing, the applicant shall pay the State a
				  nonrefundable application filing fee of $200. Such filing fee shall be waived
				  for public agency projects.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-14 - Hearing officer

Current through June, 2024
(a) The lead agency
				  may designate a hearing officer to conduct the public hearing.
(b) Within ten working days from the public
				  hearing, the hearing officer shall transmit findings and recommendations,
				  copies of all submitted written testimony, and a transcript of the testimony
				  presented at the public hearing to the lead agency for its consideration and
				  decision.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-15 - Action by the lead agency

Current through June, 2024
(a) Within sixty
				  calendar days after the public hearing, unless an extension is agreed to by the
				  applicant, the lead agency shall approve with or without conditions or deny any
				  application for development in a special management area
(b) Within ten working days from a
				  determination pursuant to section
				  15-150-11(1) to
				  (3) unless an extension is agreed to by the
				  applicant, the lead agency shall grant or deny a special management area minor
				  approval.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-16 - Appeals

Current through June, 2024
The public hearing shall constitute a contested case from
					 which a right to appeal exists under section
					 91-14,
					 HRS. Any appeal shall be filed with the circuit court within thirty days after
					 service of lead agency's final decision in accordance with section
					 91-14,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-17 - Approval required

Current through June, 2024
No development or structure shall be constructed within the
					 special management area within a community development district without first
					 obtaining a determination that the proposal is exempted or is approved pursuant
					 to the provisions of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-18 - Approval or exemption to precede other permits

Current through June, 2024
No agency authorized to issue any permits or variances
					 pertaining to any development within the special management area of a community
					 development district shall authorize any development unless approval is first
					 received pursuant to the provisions of this subchapter. For the purpose of this
					 section, Hawaii Community Development Authority community development plans and
					 state land use district boundary amendments are not permits.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 2 - SPECIAL MANAGEMENT AREA › Section 15-150-19 - Emergency approvals

Current through June, 2024
(a) In case of
				  emergency repairs to existing public utilities including, but not limited to,
				  flood control structures, water, sewer, gas, and electric transmission lines,
				  and highways, the respective governmental agency or public utility company is
				  exempted from obtaining a special management area use approval pursuant to the
				  requirements of this chapter. Two reports of any repair projects, valued in
				  excess of $500,000, shall be recorded with the lead agency, one within three
				  days after the start of the project and the other upon its
				  completion.
(b) In the event a
				  disaster is impending or has been declared under county law, or under chapter
				  127 or 128, HRS, the requirements of this subchapter shall be waived.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-20 - Lines established

Current through June, 2024
Shoreline setback lines are established in community
					 development districts forty feet inland from the certified
					 shoreline.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-21 - Shoreline and setback lines to be shown on maps, etc

Current through June, 2024
The shoreline and shoreline setback lines shall be shown on
					 all maps, plats, plans, construction drawings, documents, and any similar
					 material.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-22 - Shoreline determination and certification

Current through June, 2024
The shoreline shall be determined and certified in
					 accordance with section
					 205A-42,
					 HRS, and chapter
					 13-222 for shoreline
					 certifications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-23 - Prohibited removal

Current through June, 2024
The mining or taking of sand, dead coral or coral rubble,
					 rocks, soil, or other beach or marine deposits from the shoreline area is
					 prohibited with the following exceptions:
(1) The inadvertent taking from the shoreline
				  area of the materials, such as those inadvertently carried away on the body,
				  and on clothes, toys, recreational equipment, and bags;
(2) Where the mining or taking is authorized
				  by a variance pursuant to section
				  15-150-26;
(3) The clearing of these materials from
				  existing drainage pipes and canals and from the mouths of streams including
				  clearing for the purposes under section
				  46-11.5,
				  HRS, provided that the sand removed shall be placed on adjacent areas unless
				  the placement would result in significant turbidity;
(4) The cleaning of the shoreline area for
				  state or county maintenance purposes, including the clearing for purposes under
				  section 4612, HRS; provided that the sand removed shall be placed on adjacent
				  areas unless the placement would result in significant turbidity;
(5) The taking of driftwood, shells, beach
				  glass, glass floats, or seaweed;
(6) The exercise of traditional cultural
				  practices as authorized by law or as permitted by the department pursuant to
				  article XII, section 7, of the Hawaii State Constitution; or
(7) For the response to a public emergency or
				  a state or local disaster.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-24 - Prohibited structures

Current through June, 2024
Structures are prohibited in the shoreline area without a
					 variance pursuant to this chapter except as provided in section
					 15-150-25.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-25 - Permitted structures

Current through June, 2024
Structures in the shoreline area shall not need a variance
					 if:
(1) They were completed prior to
				  June 22, 1970;
(2) They received
				  either a building permit, board of land and natural resources' approval, or
				  shoreline setback variance prior to June 16, 1989;
(3) They are outside the shoreline area when
				  they receive either a building permit or board of land and natural resources'
				  approval;
(4) They are necessary
				  for or ancillary to continuation of existing agriculture or aquaculture in the
				  shoreline area on June 16, 1989;
(5) Work being done consists of maintenance,
				  repair, and minor additions or alterations of legal boating, maritime, or
				  watersports recreational facilities, which are publicly owned, and which result
				  in little or no interference with natural shoreline processes; or
(6) Work being done consists of repair of
				  permitted structures; provided that the permitted structures may be repaired,
				  but shall not be enlarged, rebuilt, or replaced within the shoreline area
				  without a variance.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-26 - Variances

Current through June, 2024
(a) All structures and activities within the
				  shoreline area, otherwise prohibited shall require a variance. A variance may
				  be granted for a structure or activity otherwise prohibited in this subchapter
				  if the director finds in writing, based on the record presented, that the
				  proposed structure or activity is necessary for or ancillary to the following:
(1) Cultivation of crops;
(2) Aquaculture;
(3) Landscaping; provided that the lead
				  agency finds that the proposed structure or activity will not adversely affect
				  beach processes and will not artificially fix the shoreline;
(4) Drainage;
(5) Boating, maritime, or water sports
				  recreational facilities;
(6)
				  Facilities or improvements by public agencies or public utilities regulated
				  under chapter
				  269, HRS;
(7) Private facilities or improvements that
				  are clearly in the public interest;
(8) Private facilities or improvements that
				  will not adversely affect beach processes, result in flanking shoreline
				  erosion, or artificially fix the shoreline; provided that the lead agency may
				  consider any hardship that will result to the applicant if the facilities or
				  improvements are not allowed within the shoreline area;
(9) Private facilities or improvements that
				  may artificially fix the shoreline; provided that the lead agency may consider
				  hardship to the applicant if the facilities or improvements are not allowed
				  within the shoreline area; provided further that a variance to artificially fix
				  the shoreline shall not be granted in areas with sand beaches or where
				  artificially fixing the shoreline may interfere with existing recreational and
				  waterline activities unless the granting of the variance is clearly
				  demonstrated to be in the interest of the general public; or
(10) Moving of sand from one location seaward
				  of the shoreline to another location seaward of the shoreline; provided that
				  the lead agency also finds that moving of sand will not adversely affect beach
				  processes, will not diminish the size of a public beach, and will be necessary
				  to stabilize an eroding shoreline.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-27 - Review of plans

Current through June, 2024
The lead agency shall review and approve or disapprove all
					 plans submitted in accordance with this subchapter. The lead agency may require
					 plans or data in addition to those specified. The lead agency may require
					 changes in any plans or data submitted in order to obtain optimum compliance
					 practicable to this subchapter that are reasonable and
					 necessary.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-28 - Application for variance

Current through June, 2024
(a) The lead agency
				  shall receive and review plans for proposed structures, facilities, or
				  activities that are prohibited within the shoreline area upon the submission of
				  adequate plans and data attached to a properly executed application form
				  requesting a variance through the lead agency.
(b) A completed application shall include the
				  filing requirements contained in section
				  15-150-9.
(c) The application must be accompanied by a
				  filing fee of $200. In the event of a joint public hearing with a special
				  management area use approval, only one filing fee shall be required.
(d) The applicant must provide certification
				  by the owner or lessee of the property authorizing and condoning the
				  application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-29 - Environmental assessment

Current through June, 2024
(a) The lead agency
				  shall, within thirty days after submission of the completed information for a
				  proposed shoreline area structure or activity, assess the environmental effects
				  of the proposed structure or activity in accordance with the environmental
				  quality commission's EIS rules implementing chapter
				  343, HRS, and determine if an EIS is
				  required. The lead agency shall notify the applicant by certified mail of the
				  environmental assessment determination.
(b) Whenever a special management area use
				  approval and a shoreline variance are required for the same development
				  proposal, the assessment and determination procedures and environmental
				  assessment requirements contained in sections
				  15-150-10,
				  15-15011, and
				  15-150-12,
				  apply.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-30 - Public hearing

Current through June, 2024
The public hearing procedures contained in sections
					 15-150-13 and
					 15-15014 apply to shoreline variance applications, except that the lead agency
					 may waive a public hearing prior to action on a variance application
					 for:
(1) Stabilization of shoreline
				  erosion by the moving of sand entirely on public lands;
(2) Protection of a legal structure or public
				  facility, including any facility owned by a public utility that is regulated
				  pursuant to chapter
				  269, HRS, that does not fix the
				  shoreline, under an emergency authorization issued by the lead agency; provided
				  that the structure or public facility is at risk of immediate damage from
				  shoreline erosion and the authorization does not exceed three years;
(3) Other structures or activities, provided
				  that no person or agency has requested a public hearing within twenty-five
				  calendar days after public notice of the application; or
(4) Maintenance, repair, reconstruction, and
				  minor additions or alterations of legal boating, maritime, or watersports
				  recreational facilities, that result in little or no interference with natural
				  shoreline processes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 3 - SHORELINE AREA › Section 15-150-31 - Decision

Current through June, 2024
Within sixty days after the hearing on the application for
					 a variance unless an extension is agreed to by the applicant, the director
					 shall render a written decision for approval or disapproval. In cases where
					 action is required on both a shoreline setback variance and a special
					 management area use approval, the director may grant a variance in conjunction
					 with the special management area use approval. The provisions contained in
					 section 15-15016 apply to this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-32 - Penalties

Current through June, 2024
(a) Any person who violates subchapter
				  2 or
				  3 shall be liable as follows:
(1) For a civil fine not to exceed $100,000;
				  or
(2) For the cost of returning
				  the affected environment or ecology within the coastal management area to the
				  condition existing before the violation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 150 - RULES GOVERNING SPECIAL MANAGEMENT AREAS AND SHORELINE AREAS WITHIN COMMUNITY DEVELOPMENT DISTRICTS AND PRACTICE AND PROCEDURES BEFORE THE OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT › Subchapter 4 - ENFORCEMENT › Section 15-150-33 - Enforcement of shoreline setbacks

Current through June, 2024
(a) The lead agency
				  shall enforce subchapter
				  3. Any structure or activity prohibited
				  by sections
				  15-150-23 and
				  15-150-24,
				  that has not received a variance pursuant to subchapter
				  3 or complied with conditions on a
				  variance, shall be removed or corrected. No other state or county permit or
				  approval shall be construed as a variance pursuant to subchapter
				  3.
(b) Where the shoreline is affected by a
				  manmade structure that has not been authorized with government agency permits
				  required by law, if any part of the structure is on private property, then for
				  purposes of enforcement of this section, the structure shall be construed to be
				  entirely within the shoreline area.
(c) The authority of the board of land and
				  natural resources to determine the shoreline and enforce rules established
				  under section
				  183-41, HRS, shall not
				  be diminished by a manmade structure in violation of subchapter
				  3.