Haw. Code R. § 19-12-12 - Permits required

(a) Except as provided in §§ 19-12-9 and 19-12-13, no substantial change shall be made in the use of land, and no structure shall be erected or altered and no tree shall be planted or otherwise established in any zone described in § 19-12-4 unless a permit therefor shall have been applied for and granted by the director. Each application for a permit shall-indicate the purpose for which the permit is desired, with sufficient detail to permit a determination of whether the resulting structure or tree would conform to the height limitations established in § 19-12-7, or whether the resulting use violates the use restrictions established in § 19-12-10. The director shall grant all applications for a permit unless to do so would allow the establishment; maintenance, or creation of an airport hazard.

(b) No permit shall be granted which would allow the establishment, maintenance, or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of these rules or the rules superseded by these rules.

(c) In granting any application for a permit, the director may, if he deems such action advisable and reasonable in the circumstances, so condition the permit as to require the owner of the structure or tree or the user in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators or aircraft the presence of an airport hazard.

Notes

Haw. Code R. § 19-12-12

[Eff 6/12/81; am and comp 8/30/97; comp JUN 18 2007] (Auth: HRS § 262-3) (Imp: HRS § 262-7)