HAR §13-130-46. Commercial activity permit criteria

(a) A commercial trail and access activity permit may be granted for designated program trails or accesses or segments only when the commercial activity is consistent with the hierarchy of priorties as provided in section 13-130-46 (a) and is otherwise consistent with the purposes of the Na Ala Hele program. (b) Specifically, but not in limitation of the provisions of subsection (a), commercial trail and access activity permit applications may be denied when: (1) The proposed activity would be detrimental to the integrity, condition, naturalness, or beauty of a program trail or access or the surrounding area; (2) The proposed activity would be detrimental to the safety of trail users; (3) The proposed activity would compromise the quality and nature of the expected experience provided by a program trail or access of its classification; (4) The size or intensity of the proposed activity would exceed the limits of acceptable change of a program trail or access, site, or facilities; 130-24 (5) The size, intensity, or nature of the proposed activity would diminish the availability of a program trail or access for use by the general public; (6) Repairs or improvements are being made to a program trail, access, site, or facility; (7) The program trail, access, site, or facility for the proposed activity will be in use by other permittees or a government agency; (8) The applicant has been found by the department to have violated permit conditions or to have been in violation of the provisions of this chapter within one year prior to the date of application; (9) An emergency is declared by an authorized representative or other proper authority; (10) The proposed commercial activity is not allowed on the proposed program trail, access, or portion thereof, under the terms of an agreement with a private landowner or another government agency concerning the use of the program trail, access, or portion thereof; or (11) Any other basis for denial exists that is provided for in these rules. [Eff. ] (Auth: HRS '198D-6) (Imp: HRS '198D-6) '13-130-47 Commercial activity permit cancellation, revocation, or termination. The department may cancel, revoke, or terminate a permit without notice and hearing when: (1) An emergency is declared by the department or other proper authority; (2) A permittee violates permit conditions or provisions of this chapter; (3) The permitted activity damages, threatens serious damage to the integrity or condition of the program trail or to the surrounding environment, or threatens the safety of trail users; or (4) Fees are not paid when required. [Eff. ] (Auth: HRS '198D-6) (Imp: HRS '198D-6) 130-25