RAPID/Roadmap/11-HI-a

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Hawaii State Historical Preservation Review (11-HI-a)

The permitting agency and the developer of a renewable energy project must complete a historic preservation review Hawaii Revised Statutes Chapter 6E and Hawaii Administrative Rules 13-197, 13-198, 13-275 to 13-284, and 13-300 to assess the effects of a renewable energy project on significant historic properties and then develop and execute plans to avoid, minimize or mitigate adverse effects. The historic preservation review process is overseen by the Hawaii State Historic Preservation Division (SHPD).


State Historical Preservation Review Process

11-HI-a.1 – Are Important Historic Properties Present in the Project Area

The permitting agency determines whether historic properties (as defined in H.A.R. §13-284-2) are present in the project area.

11-HI-a.2 – No Historic Properties Affected Letter

If the SHPD agrees with the agency that the project will not affect any historic properties the SHPD issues a No Historic Properties Affected Letter.

11-HI-a.3 – Post Notice of No Historic Properties Affected Letter on SHPD’s Website

The SHPD posts a notice of No Historic Properties Affected Letter on the SHPD’s website for review and comment from interested parties.

11-HI-a.4 – Submit Written Comments on Determination

Interested parties have 30 days to submit comments on the No Historic Properties Affected Letter.

11-HI.a.5 to 11-HI-a.6 – Are Any Historic Properties Reported to SHPD through Written Comment

If any historic properties are reported to SHPD during the 30 day written comment period the SHPD must reconsider its No Historic Properties Affected determination. If no one reports a historic property to the SHPD during the comment period the historical review process ends and the developer may continue with the project.

11-HI-a.7 – Is an Inventory Survey Needed for Historic Properties in the Project Area

If the SHPD indicates that an adequate survey exists, the permitting agency can proceed to the evaluation phase. If the SHPD indicates that an adequate survey does not exist, the permitting agency must conduct an inventory survey.

11-HI-a.8 – Conduct Inventory Survey and Gather Information to Evaluate the Properties’ Significance

The permitting agency conducts an inventory survey and gathers information to evaluate the properties’ significance.

11-HI-a.9 – Evaluate the Significance of the Historic Property

The permitting agency evaluates the significance of the historic property in the project area.

11-HI-a.10 – Initial Written Assessment of Significance

The permitting agency submits an Initial Written Assessment of Significance to the SHPD.

11-HI-a.11 – Review Initial Written Assessment of Significance

The SHPD reviews Initial Written Assessment of Significance

11-HI-a.12 – Does SHPD Agree with the Permitting Agency’s Initial Written Assessment of Significance

The SHPD determines whether it agrees with the permitting agency’s initial written assessment of the significance of the project on historic properties.

11-HI-a.13 – Does the Project Affect Significant Historic Properties

Depending on whether the project affects significant historic properties, the SPHD will either issue a No Historic Properties Affected Letter or require the permitting agency to submit mitigation commitments proposing the form of mitigation the permitting agency will undertake for each historic property and then develop a detailed mitigation plan to carry out those commitments.

11-HI.a.14 to 11-HI-a.15 – No Historic Properties Affected Letter

If the SHPD determines that the project affects none of the significant historic properties in the project area, the historical review process ends, SHPH issues a No Historic Properties Affected Letter and the developer may continue with the project.

11-HI-a.16 – Detailed Mitigation Plan

If the project will affect significant historic properties, the permitting agency creates a detailed mitigation plan for how the project will reduce or avoid any affects on the historical properties. A detailed mitigation plan must include (as relevant):

  • A Preservation Plan that meets the minimal standards in H.A.R. 13-277;
  • a Architectural Recordation Plan that meets the minimal standards as provided by Historic American Building Survey photographic specifications;
  • an Archaeological Data Recovery Plan that meets the minimal standards for data recovery in H.A.R. 13-277;
  • a Historical Data Recovery Plan that conforms to the SHPD guidelines for historic documentation; and
  • an Ethnographic Documentation Plan that conforms to the SPHD guidelines for ethnographic documentation.

11-HI-a.17 – Review Detailed Mitigation Plan

The SHPD reviews the permitting agency’s detailed mitigation plan.

11-HI-a.18 – Post Notice of Receipt of the Mitigation Plan

The SHPD posts notice of receipt of the mitigation plan.

11-HI-a.19 - Submit Comments on Mitigation Plan

Members of the public may submit comments on the permitting agency's detailed mitigation plan. Interested persons must submit comments in writing to the SHPD within 30 days of the SHPD posing notice of the receipt of the detailed mitigation plans.

11-HI-a.20 to 11-HI-a.22 - Does the SHPD Approve the Proposed Mitigation Plan

The SHPD determines whether to approve the proposed mitigation plan. If the proposed mitigation plan is not adequate, the SHPH sends a letter outlining the changes the permitting agency must make to the proposed mitigation plan within 45 days after receiving the plan. If the SHPD accepts the proposed mitigation plan, the SHPD sends a determination letter to the permitting agency, concurring with the proposed project within 45 days after receiving the proposed mitigation plan.

11-HI-a.23 - Request for Verification the Permitting Agency Carried Out Mitigation Plan

Once the permitting agency in conjunction with the developer carry out the detailed mitigation plan, the permitting agency sends a Request for Verification to the SHPD. The request must document the completion of the detailed mitigation plan, which usually occurs in the form of a completion report.

11-HI-a.24 to 11-HI-a.27 - Does the SHPD Determine the Permitting Agency Successfully Completed the Mitigation Plan

The SHPD determines whether the permitting agency successfully completed the detailed mitigation plan. If the permitting agency did not successfully complete the detailed mitigation plan, the SHPD sends the permitting agency a letter noting uncompleted or inadequately completed tasks within 30 days of receipt of the request. The permitting agency must consult with the SHPD as necessary to resolve differences and thereafter resubmit the completion report to the SHPD. If the SHPD determines that the permitting agency successfully completed the detailed mitigation plan, the SHPD sends a verification letter to the permitting agency within 30 days of receipt of the request.




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Edit Hawaii Department of Land and Natural Resources Historic Preservation Division
State Historic Preservation Administrator

PuaabbazabbaAiu@hawaiiabbazabbagov