Hawaii Conservation District Use Permit (13-HI-i)
Conservation District Use Permit Process
13-HI-i.1 to 13-HI-i.2 – Is the Project Located in a Conservation District
If the project is located in a conservation district, the developer must submit a Conservation District Use Application for approval. Otherwise the developer does not need a Conservation District Use Permit and may continue with the project.
13-HI-i.3 - Conservation District Use Application (CDUA)
The developer completes and submits a Conservation District Use Application (CDUA), which includes:
- A Draft Environmental Assessment or Environmental Impact Statement (as applicable);
- Associated plans such as a location map, site plan, floor plan, elevations and landscaping plans drawn to scale;
- The relationship between the proposed use and the county general plans and development plans;
- The signature of the landowner;
- Any applicable fees;
- Any other information as determined by the Department of Land and Natural Resources; and
- A minimum of twenty copies of the application.
13-HI-i.4 – Review Application Materials for Completeness
The DLNR reviews the application materials for completeness.
13-HI-i.5 – Is the Application Complete
The DLNR determines whether the Conservation District Use Application is complete and accepts the application if complete.
13-HI-i.6 – Review Application Materials
The DLNR reviews the Conservation District Use Application. In evaluating the proposed land use the Department of Land and Natural Resources or the Board of Land and Natural Resources considers whether:
- The proposed land use is consistent with the purpose of the conservation district;
- the proposed land use is consistent with the objectives of the subzone of the land on which the use will occur;
- the proposed land use complies with provisions and guidelines contained HRS 205A;
- the proposed land use, will not cause substantial adverse impact to existing natural resources within the surrounding area, community, or region;
- the proposed land use, including buildings, structures and facilities is compatible with the locality and surrounding areas, appropriate to the physical conditions and capabilities of the specific parcel or parcels;
- the existing physical and environmental aspects of the land will be preserved or improved upon;
- the subdivision of land will not be utilized to increase the intensity of land uses in the conservation district; and
- the proposed land use will not be materially detrimental to the public health, safety and welfare.
The applicant has the burden of demonstrating that the proposed use will comply with the criteria listed above.
13-HI-i.7 to 13-HI-i.8 – Is the Project Located in a Special Management Area (SMA)/Submit SMA Determination to DLNR
If the project is located in a Special Management Area (SMA), which is a coastal zone regulated at the county level, the County must submit the SMA determination to DLNR.
13-HI-i.9 – Prepare Report for Board of Land and Natural Resources (BLNR) with Recommendation for Approval or Denial of CDUA
The DLNR prepares a report for the Board of Land and Natural Resources with a recommendation for approval or denial of the CDUA for the project.
13-HI-i.10 – Provide Notice and Hold Public Hearing(s)
The DLNR provides notice not less than twenty days before the hearing and then holds one or more public hearings on the CDUA. The hearing must be held in the county where the land is located.
13-HI-i.11 – Does DLNR Approve the Application
DLNR determines whether to approve the CDUA.
13-HI-i.12 – Conservation District Use Permit
If the DLNR approves the CDUA, the developer receives a Conservation District Use Permit.
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