HB2140

Report Title:

Conservation District Permits; Oahu Neighborhood Boards

 

Description:

Allows an Oahu neighborhood board, or a community association where there is no such board, to issue advisory recommendations to the DLNR regarding whether the board or association believes that a variance or permit relating to conservation district lands adjacent to that board should be granted or denied.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	2140
TWENTY-FIRST LEGISLATURE, 2002
REGULAR SESSION OF 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO THE CONSERVATION DISTRICT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183C- Oahu neighborhood boards or community associations; advisory recommendations; variances and permits. (a) Prior to the issuance of a variance under section 183C-4(c) or a permit under section 183C-6, where the conservation district land that is the subject of the variance or permit is located on the island of Oahu:

(1) An applicant for such a variance or permit shall appear at one or more public hearings before each of the neighborhood boards, or community associations where there are no neighborhood boards, of those communities that are situated in or physically adjacent to the conservation district land that is the subject of the variance or permit;

(2) At the public hearing, the applicant shall brief the neighborhood board or community association, as appropriate, regarding the proposed variance or permit and the need for such a variance or permit, and the board shall allow public comment and questions;

(3) The neighborhood board or community association, as appropriate, may issue an advisory recommendation to the department as to whether the board or association believes that the variance or permit should be granted, granted with conditions, or denied, together with the board's or association's reasons for its recommendation; and

(4) No application for such a variance or permit shall be deemed to be complete until the applicant and each of the affected neighborhood boards or community associations, as appropriate, have complied with paragraphs (1) to (3); provided the department shall establish deadlines by which time the advisory recommendation shall be deemed waived if not received.

(b) If the department renders a decision on a completed application for a variance or permit under subsection (a) that rejects the advisory recommendations of one or more neighborhood boards or community associations, the department, in its decision, shall explain its reasons for rejecting those recommendations. The department's decision shall not be subject to challenge in any court of law in this State based on its rejection of the recommendations of a neighborhood board or community association."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________