HAR §11-200-6. Applicant actions

(a) Chapter 343, HRS, shall apply to persons who are required to obtain an agency approval prior to proceeding with: (1) Implementing actions which are either located in certain specified areas; or (2) Actions that require certain types of amendments to existing county general plans. (b) Chapter 343, HRS, establishes certain categories of action which require the agency processing an applicant’s request for approval to prepare an environmental assessment. There are seven geographical categories and two administrative categories. (1) The seven geographical categories are: (A) The use of state or county lands; (B) Any use within any land classified as conservation district by the state land use commission under chapter 205, HRS; (C) Any use within the shoreline area as defined in section 205A-41, HRS; (D) Any use within any historic site as designated in the national register or Hawaii register; (E) Any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the “Waikiki Special District”; (F) Any reclassification of any land classified as conservation district by the state land use commission under chapter 205, HRS; and (G) The construction of new, or the expansion or modification of existing helicopter facilities within the State which by way of their activities may affect any land classified as conservation district by the state land use commission under chapter 205, HRS; the shoreline area as defined in section 205A-41, HRS; or, any historic site as designated in the National Register or Hawaii Register as provided for in the Historic Preservation Act of 1966, Public Law 98-665, or chapter 6E, HRS; or, until the statewide historic places inventory is completed, any historic site found by a field reconnaissance of the area affected by the - 8 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial helicopter facility and which is under consideration for placement on the National Register or the Hawaii Register of Historic Places. 2. The two administrative categories are: (A) Any amendment to existing county general plans, however denominated, which may include but not be limited to development plans, or community plans, where the amendment would result in designations other than agriculture, conservation, or preservation. (Actions by a county initiating a comprehensive review toward effectuating either a general plan or amendment thereof may be excepted. General plan amendments requested by a private owner or developer outside of the comprehensive review process are not excepted.); and (B) The use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects which the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-5, 343-6)