Haw. Code R. § 13-5-17 - Boundary determinations; criteria

(a) Prior to the department receiving for processing any application for a permit, if the applicant's proposed land use lies within fifty feet of a subzone boundary, the applicant shall first notify the department of the intended use and seek a determination of the precise boundary of the subzone with respect to the parcel in question Applications shall be accompanied by a fee of $50.

(b) The notification shall include all relevant information, including topographical maps, subzone maps, and tax maps.

(c) The department shall have thirty days within which to issue its determination, after which the party seeking the permit is free to make application.

(d) The applicant can appeal the departmental determination to the board. The board shall resolve any uncertainty regarding the location of the subzone boundary and the board's determination shall be final.

(e) In all cases, the determination of subzone boundaries shall utilize the following criteria:

(1) The boundary shall follow natural or fixed physical features;

(2) The boundary shall be defined by a series of straight lines;

(3) Where coterminous with forest reserve boundaries, the boundary shall be determined by metes and bounds descriptions of the forest reserve; or

(4) Where a subzone boundary follows an elevation, the boundary shall be determined by reference to topographical maps or other evidence that may be used to establish elevation.

Notes

Haw. Code R. § 13-5-17

[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-3)