HAR §13-5-30. Permits, generally

(a) Land uses requiring comprehensive review by the board are processed as board permits, management plans, [or] comprehensive management plans, or coastal hazard mitigation disclosure statements [temporary variances]. §13-5-30 5-48 Departmental permits and emergency permits are processed by the department and approved by the chairperson. Site plans are processed by the department and approved by the chairperson or a designated representative. If there is any question regarding the type of permit required for a land use, an applicant [may write to] shall consult with the department to seek a determination on the type of permit or approval that is needed for a particular action. (b) Unless authorized as provided in this chapter, land uses shall not be undertaken in the conservation district. The department shall regulate land uses in the conservation district by issuing one or more of the following approvals: (1) Departmental permit (see section 13-5-33); (2) Board permit (see section 13-5-34); (3) Emergency permit (see section 13-5-35); [(4) Temporary variance (see section 13-5-36);] [(5)](4) Site plan approval (see section 13-5-38); [(6)](5) Management plan or comprehensive management plan (see section 13-5-39); or [(7)](6) Coastal hazard mitigation disclosure statement (see section 13-5-39.5). (c) Management plans or comprehensive management plans and coastal hazard mitigation disclosure statements shall be reviewed simultaneously with all other permits, when required. [(c)](d) In evaluating the merits of a proposed land use, the department or board [shall] must apply the following criteria: [(1) The proposed land use is consistent with the purpose of the conservation district; (2) The proposed land use is consistent with the objectives of the subzone of the land on which the use will occur; (3) The proposed land use complies with provisions and guidelines contained in chapter 205A, HRS, entitled "Coastal Zone Management", where applicable; (4) The proposed land use will not cause substantial adverse impact to existing natural §13-5-31 5-49 resources within the surrounding area, community, or region; (5) The proposed land use, including buildings, structures, and facilities, shall be compatible with the locality and surrounding areas, appropriate to the physical conditions and capabilities of the specific parcel or parcels; (6) The existing physical and environmental aspects of the land, such as natural beauty and open space characteristics, will be preserved or improved upon, whichever is applicable; (7) Subdivision of land will not be utilized to increase the intensity of land uses in the conservation district; and (8) The proposed land use will not be materially detrimental to the public health, safety, and welfare.] (1) General (A) The land use is consistent with the purpose and objectives of the subzone; (B) The land use employs applicable best management practices and will not cause substantial adverse impact to existing natural resources within the surrounding area, community, or region, including where a natural resource has already been subjected to substantial adverse impacts and the land use would cause further damage; (C) Subdivision of land will not be utilized to increase the intensity of land uses in the conservation district; (D) The land use complies with provisions and guidelines contained in chapter 205A, HRS, entitled "Coastal Zone Management", where applicable; and (E) The land use will not be materially detrimental to the public health, safety, and welfare. (e) In evaluating the merits of a proposed land use, the department or board may also apply the following criteria, where applicable: §13-5-30 5-50 (1) Streams and Wetlands (A) The proposed land use is consistent with the State Water Code, 174C, HRS and its administrative rules; (B) The proposed land use should not alter the alignment, flowrate, or natural configuration of a stream or wetland in any way that may impair stream, wetlands, important aquatic biota, habitat and resources; and (C) No proposed land uses should be approved within one hundred feet of the top of the stream bank or within one hundred feet of an important wetland, provided that this standard may be increased or decreased by recommendation of the division of aquatic resources based on the character of the stream and the nature of the land use. (2) Native Ecosystems and Endangered Species (A) The proposed land use complies with the provisions of chapter 195D-4, HRS, entitled "Endangered species and threatened species;" (B) The proposed land use should not degrade areas of endemic/indigenous-dominated species nor introduce habitat-modifying alien species; and (C) Revegetation and landscaping plans shall be appropriate to the Conservation District (e.g. use of indigenous and endemic species; xeriscaping in dry areas; minimizing ground disturbance; maintenance or restoration of the canopy; removal of invasive species; habitat restoration). (3) Coastal Resources and Hazards (A) The proposed land use should not degrade dune or beach resources nor inhibit lateral access; and §13-5-31 5-51 (B) Protected marine species and their critical habitats shall not be adversely affected. (4) Recreation and Access (A) The proposed land use shall not substantially interfere with public access to public trails, recreation areas and beaches. (5) Scenic Resources (A) The visual intactness of public views of scenic monuments and natural or cultural landscapes shall not be encroached upon; and (B) Building materials should be compatible with the surrounding area, earth tones and compatible colors to blend with the natural landscape. (6) Topography and Geology (A) Minimize earth movement and grading should follow existing contours; and (B) Natural drainage patterns should be maintained. (7) Historic Resources (A) The proposed land use shall comply with Chapter 6E, HRS Historic Preservation Program. (8) Traditional and Cultural Practices and Resources (A) The application provides the identity and scope of cultural, historical, and natural resources in which traditional and customary native Hawaiian rights are exercised in the area; (B) The application identifies the extent to which those resources, including traditional and customary Native Hawaiian rights, will be affected or impaired by the proposed action; and (C) The project provides a set of mitigation commitments to reasonably protect Native §13-5-30 5-52 Hawaiian traditional practices if found to exist. The applicant shall have the burden of demonstrating that a proposed land use is consistent with the above criteria. [Eff 12/12/94; am and comp 12/05/11; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §§183C-3, 183C-6)] Note: For regulation of activities in: State Parks; see Chapter 13-146. Forest Reserves; see Chapter 13-104. Natural Area Reserves System; see Chapter 13- 209. Unencumbered Lands; see Chapter 13-221. Marine Life Conservation Districts; see Title 13, Subtitle 4, Part 1. Marine Fisheries Management Areas; see Title 13, Subtitle 4, Part 2. Freshwater Fisheries Management Areas; see Title 13, Subtitle 4, Part 3. Ocean Waters, Navigable Streams and Beaches; see Title 13, Subtitle 11, Part 3.