Haw. Code R. § 13-222-7 - Application

(a) Application for a shoreline certification shall be in writing, addressed and mailed to the department.

(b) The application shall contain the following:

1. The purpose for which the certification is being applied.

2. The location (district and island) and the tax map key number of the parcel involved.

3. The name and mailing address of the property owner. If the owner is represented by an agent, the name and mailing address of the agent shall also be included.

4. The address of the property involved.

5. Photographs of the shoreline to be certified, in accordance with section § 13-222-8.

6. Maps of the shoreline to be certified, in accordance with section § 13-222-9.

7. A statement as to when the field survey was done and by whom.

8. The name, address and telephone number of the licensed land surveyor who made or supervised the field survey.

9. List of all enclosures.

10. Signature of the property owner.

11. Application fee, in accordance with subsection(d).

12. A statement signed by the property owner granting representatives of the State of Hawaii, including the state land surveyor, the right to enter the property at reasonable business hours for the purpose of site inspection and verification of the shoreline under review for certification. The property owner shall also be responsible for submitting any other statements signed by applicable owners granting representatives of the State of Hawaii, the right to enter land which is not owned by the property owner but is necessary to access for the purpose of site inspection and verification of the shoreline under review for certification.

13. A copy of any federal, state, or county enforcement or other legal action involving the subject shoreline.

14. If the shoreline is being located at the base of a manmade structure, a copy of all documents supporting that the structure has been approved by the appropriate governmental agencies or is exempt from such approval.

15. Any other information requested by the department or the state land surveyor as reasonably necessary to evaluate the application.

(c) A minimum of seven (7) maps shall be filed with the application.

(d) A fee of seventy-five (75) dollars shall be assessed the applicant for the processing of the shoreline certification, plus reimbursement of any costs incurred by the State of Hawaii. This fee may be waived for federal, state and county projects. This fee may be returned to the property owner only where the application is withdrawn by the property owner prior to the department initiating its review for completeness.

(e) Applications shall be made available for public inspection at the district office where the property is located, at the department's main office, and at the state land surveyor's office.

(f) Any application submitted to the department pursuant to this chapter shall be reviewed by the department for completeness in a timely manner. If the application is found to be incomplete, the applicant shall be notified in writing stating the reasons for the rejection. If an application is accepted for processing, the applicant shall be notified in writing stating the commencement and completion dates for the processing of the application. The completion date shall be 90 days from the commencement date.

(g) If, after 90 days from the department's acceptance of a completed application or the expiration of any extension granted on the application, the department fails to render a decision on an application, the shoreline application shall be deemed certified and the chairperson shall certify the maps, subject to subsections (h), (i), and (j) and section 13-222-26. An appeal under section 13-222-26 shall suspend the processing time period, and the application shall follow the timeframe set forth in section 13-222-26.

(h) This 90-day time period shall not commence until a completed application is accepted by the department. Physical receipt of an application by the department does not constitute acceptance.

(i) If, upon review of an application, the department or the state land surveyor finds:

(1) noncompliance with any rule under this chapter,

(2) irregularity in surveying methods utilized, or

(3) the application or any information submitted by the applicant to be in error or a misrepresentation of the facts, then the application shall be denied and returned to the applicant, the 90-day time period shall cease, and the applicant shall be required to resubmit a new application.

(j) For good cause shown, where no appeal has yet been filed under section 13-222-26, the department may extend the 90-day time period a maximum of an additional 180 days.

Notes

Haw. Code R. § 13-222-7

[Eff 12/10/88; am and comp MAR 29 2003] (Auth: HRS §§ 205A-42, 205A-49) (Imp: HRS §2 05A-42)