Haw. Code R. § 11-200.1-9 - Applicability of chapter 343, HRS, to applicant actions

(a) Chapter 343, HRS, environmental review shall be required for any applicant action that:

(1) Requires one or more approvals prior to implementation; and

(2) Includes one or more triggers identified in section 343-5(a), HRS.

(A) Under section 343-5(a), HRS, use of state or county funds shall include any form of funding assistance flowing from the State or a county, and use of state or county lands includes any use (title, lease, permit, easement, license, etc.) or entitlement to those lands.

(B) Under section 343-5(a)(1), HRS, actions involving agricultural tourism under section 205-2(d)(11) or section 205-4.5(a)(13), HRS, are subject to environmental review when the respective county requires environmental review under an ordinance adopted pursuant to section 205-5(b), HRS.

(b) Chapter 343, HRS, does not require environmental review for applicant actions when:

(1) Notwithstanding any other law to the contrary, for any primary action that requires a permit or approval that is not subject to a discretionary consent and that involves a secondary action that is ancillary and limited to the installation, improvement, renovation, construction, or development of infrastructure within an existing public right-of-way or highway, that secondary action shall be exempt from this chapters-provided that the applicant for the primary action shall submit documentation from the appropriate agency confirming that no further discretionary approvals are required.

(2) As used in this subsection: "Discretionary consent* means an action as defined in section 343-2, HRS; or an approval from a decision-making authority in an agency, which approval is subject to a public hearing. "Infrastructure" includes waterlines and water facilities, wastewater lines and wastewater facilities, gas lines and gas facilities, drainage facilities, electrical, communications, telephone, and cable television utilities, and highway, roadway, and driveway improvements, "Primary action" means an action outside of the highway or public right-of-way that is on private property.

"Secondary action" means an action involving infrastructure within the highway or public right-of-way.

Notes

Haw. Code R. § 11-200.1-9

[Eff AUG 9 2019] (Auth: HRS §§ 343-5, 343-5.5, 343-6) (Imp: HRS §§ 343-5, 343-5.5, 343-6)