Haw. Code R. § 13-209-5.5 - Applications for special-use permits

(a) All applications for special-use permits shall be submitted in writing to the board or its authorized representative on the form prescribed by the department. The application shall contain the following information:

(1) Name of applicant, and if relevant, affiliation and title;

(2) Contact information, including name of primary contact, mailing address, phone number, and if available, email address;

(3) The period of time for which the permit is requested, not to exceed one year unless seeking a waiver pursuant to section 13-209-5(b);

(4) The reserve(s) involved;

(5) A map illustrating the reserve and the location within the reserve of the proposed special-use;

(6) A description of the proposed special-use;

(7) A discussion of how the proposed special-use satisfies subsections (b)(1) through (b)(6);

(8) An assessment of the potential environmental impact the special-use may have on the reserve or the surrounding area;

(9) Signature of the applicant;

(10) Any other information as determined by the department.

(b) In evaluating the merits of an application for a special-use permit, the board or its authorized representative shall apply the following criteria:

(1) The proposed special-use cannot be conducted elsewhere;

(2) The proposed special-use is consistent with the purpose and objectives of the natural area reserve system;

(3) The proposed special-use is consistent with the management plan developed for the reserve;

(4) The proposed special-use provides a benefit (direct or indirect) to the natural area reserve system or to the individual reserve(s) or both;

(5) The proposed special-use will not damage or threaten to damage the integrity or condition of the natural, geological, or cultural resources in the natural area reserve and adjacent area or region;

(6) The proposed special-use complies with provisions and guidelines contained in Chapter 205A, Hawaii Revised Statutes, entitled "Coastal Zone Management", where applicable; and

(7) The applicant shall have complied with, or be in compliance with, the conditions of any previously approved permit.

(c) The applicant shall have the burden of demonstrating that the proposed special-use is consistent with the criteria in subsection (b).

(d) The board or its authorized representative may hold a public hearing on an application where determined by the chairperson that the scope of the proposed special-use or the public interest requires a public hearing on the application. Notice of the hearing shall be given not less than twenty days prior to the date set for the hearing. Notice of the time and place of the hearing shall be published at least once in a newspaper in the county where the natural area reserve is located.

(e) If within two hundred seventy days after the department's acceptance of a completed application, the board or its authorized representative shall fail to render a decision thereon, the application for a special-use permit shall be automatically approved with the standard conditions outlined in section 13-209-5(c), provided that the board may revoke this approval pursuant to section 13-209-5(g) and (h). The two-hundred- seventy-day time period provided shall not commence until a completed application is accepted by the department. Physical receipt of an application by the department does not constitute acceptance. The two-hundred-seventy-day time period for decision may be extended for another one hundred eighty days at the request of the applicant to give the board additional time to review and make a decision on the application.

Notes

Haw. Code R. § 13-209-5.5

[Eff 1/26/07] (Auth: HRS §§ 195-5, 91-13.5) (Imp: HRS §§ 195-5, 91-13.5) Am 9/18/2017 Am 2/3/2019