(a) Applications
for departmental permits shall be submitted to the department in accordance
with section
13-5-31.
(b) In those
applications whose identified land uses require a combination of board permit
(s) and departmental permit (s), a board permit shall be required covering all
of the proposed uses.
(c) The
application for a departmental permit shall be accompanied by:
(1) An application fee of $50; and
(2) A public hearing fee of $250, if
applicable.
(d) A public
hearing, if applicable, shall be held in accordance with section
13-5-40.
(e)
The department shall provide notice of the application for
a departmental permit through the publication of a notice in the, office of
environmental quality control (OEQC) bulletin. The OEQC disclosure shall
identify:
(1) Type of permit
sought;
(2) Applicant;
(3) Location of affected land (by island,
district, and tax map key number);
(4) Preliminary environmental determination;
and
(5) A brief description of
their proposed use, including specifically any proposed use of public
lands.
(f) Interested
persons who wish to comment upon or receive notice of the department's
determination on a particular application shall submit their comments or
written request for notification during the thirty day comment period after the
notice appears in the OEQC bulletin for a preliminary environmental
determination. The request for notification shall include:
(1) The name and address of the
requestor;
(2) The departmental
permit for which the requestor would like to receive notice of departmental
determination; and
(3) The date the
notice was published in the OEQC bulletin.
The department is not obligated to notify any person of
its determination who does not strictly comply with this section. The
department will use its best efforts to notify any interested person who
complies with this section. However, failure of the department to comply with
this subsection shall not invalidate any departmental permit issued under this
chapter.
(g) Any
person may appeal the chairperson's decision by filing a written appeal to the
department not later than fourteen days after the date of the department's
determination of the departmental permit. The written appeal shall provide all
relevant information and shall state with specificity the reasons for the
appeal.
(h) Where the appellant
under subsection (g) sets forth facts or law, or both, showing that the
chairperson's decision is arbitrary and capricious, the board may affirm, amend
or reverse the decision of the chairperson, or order a contested case hearing
or other procedure to be conducted prior to the board's decision on the appeal.
All contested case hearings or other proceedings so ordered by the board shall
be conducted in accordance with chapter 13-1.
(i) Except as provided in subsection (h), no
contested case hearings shall be provided for departmental permits.
(j) A board permit shall be required when the
chairperson determines that the scope of the proposed use, the necessity of an
environmental impact statement, or the public interest requires a board
permit.
