HAR §15-150-28
HAR §15-150-28. Application for variance
Cite as Haw. Code R. § 15-150-28
(a) The
lead agency shall receive and review plans for
proposed structures, facilities , or act ivities that
are prohibi ted within the shoreline area upon the
s ubmission of adequate plans and data attached to a
properly executed application form requesting a
variance through the lead agency .
(b) A completed application shall include t he
fil i ng requirements contained in section 15-150-9 .
(c) The application must be accompanied by a
filing fee of $200 .
In the event of a joint public
hearing with a special management area use approval ,
only one filing fee shall be required .
(d) The applicant must provide certification by
the owner or lessee of the property authorizing and
condoning the application. [Eff 2/25/2000;
comp 4/.Q;I,_.7)2009 ; am and comp 11/30/2012;
comp
11.,t 2 t 202J
] (Auth : HRS §§205A-43, 206E-8 . 5)
(Imp : HRS §§91- 2, 206E-8.5)
§15-150- 29
Environmental assessment .
(a) The
lead agency shall , within thirty days after submission
of the completed information for a proposed shoreline
area structure or activity , assess the environmental
effects of the proposed structure or activity i n
accordance with the environmental quality commi ssion ' s
EIS rules implementing chapter 343 , HRS , and determine
if an EIS is required. The lead agency shall notify
the applicant by certified mail of the environmental
assessment determination .
150- 24
§15-150- 30
(b) Whenever a special management area use
approval and a shoreline variance are required for the
same development proposal , the assessment and
determination procedures and environmental assessment
requirements contained in sections 15-150-10 , 15-150-
11, and 15-150-12 , apply . [Eff 2/25/2000;
.,.
comp 4/17/2009 ; comp 11/30/2012 ; comp
OCt 21 2021
(Auth: HRS §§205A-43, 206E-8.5) (Imp: HRS §§91-2,
206E-8 . 5)