Haw. Code R. § 13-5-31 - Permit applications

(a) Applications for all permits provided for in this chapter shall be submitted to the department on the form prescribed by the department. The application shall contain:

(1) A draft environmental assessment, or environmental impact statement, as applicable;

(2) Associated plans such as location map, site plan, floor plan, elevations and landscaping plans drawn to scale;

(3) The proposed land use shall address their relationship with county general plans and development plans;

(4) Any other information as determined by the department;

(5) Signature of the landowner;

(6) Applicable fees; and

(7) A minimum of twenty copies of the application and all attachments.

(b) For State and public lands, the State of Hawaii or government entity with management control over the parcel shall sign as landowner. For private lands with multiple landowners of the subject parcel (s), the application shall be signed by landowners whose property interests constitute or exceed eighty-five percent of the fee ownership of the subject parcel (s).

(c) Any application submitted to the department pursuant to this chapter shall be reviewed by the department for completeness within thirty days from the date that the application was filed with the department. If it is found to be incomplete, the applicant shall be so notified by a letter stating the reasons therefor. If an application is accepted for processing, the applicant shall be notified by letter stating the commencement and completion dates for the processing of the application. The one hundred and eighty day time period provided by law shall not commence until a completed application is accepted by the department. Physical receipt of an application by the department does not constitute acceptance.

(d) If within one hundred and eighty days, or a time period as provided by law, after the department's acceptance of a completed application, the department, the chairperson, or the board shall fail to render a decision thereon, the landowner may automatically put the land to the use or uses requested in the application, subject, however, to the conditions contained in section 13-5-42.

(e) No permit application shall be processed by the department until any violations pending against the subject parcel are resolved.

(f) The burden of proving that a parcel of land is a kuleana rests with the applicant. The following information shall accompany an application in which the applicant is requesting nonconforming use of kuleana land as defined in this chapter:

(1) Deed of property;

(2) Land Commission Award (LCA) number;

(3) Land Patent Grant documentation;

(4) Documentation showing current ownership of the kuleana;

(5) Tax map key number;

(6) Documentation showing modern metes and bounds of the kuleana (if required by the department);

(7) Identify legal access to the kuleana; and

(8) Identification of uses to which the kuleana land was historically, customarily, and actually found on the particular lot including, if applicable, a single family residence.

Notes

Haw. Code R. § 13-5-31

[Eff DEC 12 1994] (Auth: HRS §18303) (Imp: HRS § 183C-5, 183C-6)