COM 0666.018 2006-2008 - Laserfiche WebLink

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Planners Page 3 April 21, 2003 "sec. 6E-42" projects, which include all of the permits, rezonings, subdivisions, and other land use approvals for private property that are handled by the Planning Department. Key Point: except for burials, on land use approvals for private projects, SHPD has only "review and comment powers." Actual protection of the sites depends upon there being conditions of approval that protect the site. Planning Department staff should understand that when we make the preservation of certain sites a condition of permit or rezoning, violation of that is a violation of a zoning condition, and will generally not be a violation of a state regulation, unless it involves a burial or a property on the register. Projects requiring an EIS now require a cultural assessment as part of the EIS. (See H.R.S. sec. 343-2). The cultural assessment may include treatment of historic sites, particulazly their cultural significance. Most land use applications before the Planning Department will not, however, require an EIS, and the EIS and cultural assessment do not in themselves create conditions of approval on land use permits, unless they aze incorporated into the permits. SHPD Review Process It is important to understand the SHPD review process to understand how we will = coordinate with this process in our actions. This can be described in the following stages, which apply to the sec. 6E-42 projects that we will typically review. The SHPD review process is described in their rules, Title 13, Chaps. 275-284, especially Chap. 284, which governs the sec. 6E-42 process. These rules, which have been followed by SHPD and the archaeological community for about 15 years, were finally adopted by the BLNR on Nov. 15, 2002. As of this writing, they have not been signed by the Governor and are not yet "official", however SHPD procedures generally follow these rules. The draft rules aze available on DLNR's website (follow the links to SHPD.) The draft rules may not be exactly the same that the BLNR approved. 1. Inventory. SHPD will first determine whether to require an azchaeological inventory survey. If SHPD does not believe there are historic properties, it will issue a "no effect" letter. The applicant can ask fora "no effect" letter and submit documentation supporting it. A "no effect" letter ends the historic sites review and protection process, except that we will include a standard condition concerning archaeological sites that are found during development (stop work in the vicinity, inform SHPD and planning, etc.) If an inventory survey is required, SHPD will eventually issue a letter approving the