Geothermal development activities within a geothermal
resource subzone shall be administered as follows:
(1) The use of an area for geothermal
development activities within a geothermal resource subzone shall be governed
by the board, if such activities lie within a conservation use district. If
geothermal development activities are proposed within a conservation district,
then, after receipt of a properly filed and completed application, the board
shall conduct a public hearing and, upon appropriate request, a contested case
hearing pursuant to chapter 91, Hawaii Revised Statutes, to determine whether,
pursuant to board regulations, a conservation district use permit shall be
granted to authorize the geothermal development activities described in the
application.
(2) The use of an area
for geothermal development activities within a geothermal resource subzone
shall be governed by both state and county statutes, ordinances, and rules, if
such activities lie within an agricultural, rural, or urban use district;
except that land use commission approval or special use permit procedures which
are provided for in section
205-6, Hawaii
Revised Statutes, shall not be required for the use of such subzones for
geothermal development activities. In the absence of provisions in the county
general plan and zoning ordinances specifically relating to the use and
location of geothermal development activities in an agricultural, rural, or
urban district, the appropriate county authority may issue a geothermal
resource permit to allow geothermal development activities. Such uses as are
permitted by county general plan and zoning ordinances by the appropriate
county authority shall be deemed to be reasonable and to promote the
effectiveness and objectives of chapter 205, Hawaii Revised Statutes. If
provisions in the county general plan and zoning ordinances specifically relate
to the use and location of geothermal development activities in an
agricultural, rural, or urban district, the provisions shall require the
appropriate county authority to conduct a public hearing and, upon appropriate
request, a contested case hearing pursuant to chapter 91, Hawaii Revised
Statutes, on any application for a geothermal resource permit to determine
whether the use is in conformity with the criteria specified in section
205-5.1(e), Hawaii Revised Statutes, for granting geothermal resource permits.
If geothermal development activities are proposed within
agricultural, rural, or urban districts and such proposed activities are not
permitted uses pursuant to county general plan and zoning ordinances, then
after receipt of a properly filed and completed application, the appropriate
county authority shall conduct a public hearing and, upon appropriate request,
a contested case hearing pursuant to chapter 91, Hawaii Revised Statutes, to
determine whether a geothermal resource permit shall be granted to authorize
the geothermal development activities described in the application. The
appropriate county authority shall grant a geothermal resource permit if it
finds that applicant has demonstrated by a preponderance of the evidence
that:
(a) The desired uses would not
have unreasonable adverse health, environmental, or socio-economic effects on
residents or surrounding property; and
(b) The desired uses would not unreasonably
burden public agencies to provide roads and streets, sewers, water, drainage,
school improvements, and police and fire protection; and
(c) That there are reasonable measures
available to mitigate the unreasonable adverse effects or burdens referred to
above.
Unless there is a mutual agreement to extend, a decision
shall be made on the application by the appropriate county authority within 180
days of the date a complete application was filed; provided that if a contested
case hearing is held, the final permit decision shall be made within 270 days
of the date a complete application was filed.
County issued geothermal resource permits shall not
abrogate nor supersede the provisions of chapters 177, 178, 182, 183, 205A,
226, 342, and 343, Hawaii Revised Statutes, and administrative rules
promulgated thereunder shall apply as appropriate.
