HAR §13-5-31. Permit applications

(a) Applications for all permits and approvals 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 or final environmental assessment, draft or final environmental impact statement, or proof of an exemption or request for an exemption from the chapter 343, HRS, process, 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] A discussion of the proposal’s relationship with county general plans and development plans; §13-5-31 5-53 (4) Any other information as determined by the department; (5) Signature of the landowner; (6) Applicable fees; (7) [A minimum of twenty copies (only one original copy required for site plan approvals) of the application and all attachments] A statement (a) identifying cultural, historical, and natural resources, including traditional customary practices, that occur in the project area; (b) describing any potential impacts to these resources and practices; and (c) discussing feasible actions that can be taken to protect these resources and practices; and (8) A shoreline certification. The department may waive a certified shoreline when the applicant can provide evidence to the satisfaction of the department that the proposed land use is not subject to coastal hazards (e.g., shoreline erosion and wave inundation), or if a shoreline certification is unnecessary for determining jurisdictional boundaries or shoreline setbacks. Factors to be considered shall include but not be limited to, prior certified shorelines, proximity to the shoreline, topography, properties between the shoreline and applicant’s property, elevation, the history of coastal hazards in the area, and whether the proposed use will or will not adversely affect the beach process or interfere with public access or public views to and along the shoreline. (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)]. §13-5-32 5-54 (c) Except for state-owned land, 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. For applications including state-owned land, the department shall review the application for completeness within sixty days from the date 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 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 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 or board until any violations pending against the subject parcel or the applicant 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; §13-5-31 5-55 (6) Documentation showing modern metes and bounds of the kuleana (if required by the department); (7) Identification of 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. [Eff 12/12/94; am and comp 12/05/11; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §§183C-5, 183C- 6)