PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9

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18. The Planning Director is amending Department Rule 11-12 (b) and(d) as shown: "(b) Any structure or activity prohibited within the shoreline setback area that has not received appropriate approvals or a shoreline setback variance or that has not complied with conditions of said variance shall be removed or corrected. No other state or county permit or approval shall be construed as a variance." and; (d) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under Chapter 183C, HRS shall not be diminished by an artificial structure in violation of this rule." Reasons for the amendments: HRS, 205A-43.6 was amended prior to Act 16. Therefore, the Planning Director is taking this time to update Department Rule 11 to reflect current State law. 19. The Planning Director is also amending Commission Rule 9 to update and bring clarity to the following sections: (a) Rule 9-11(b)(4) Archaeological Resources Requirements when submitting an application: (4) Archaeological Resources [(eae of+he fel l o ing) NattH"l zir vitreeTState Hister-re PicsetA,a •, (D -m y cam) 1. esl . (B) A "tie-effe e4e-f ri, the D -m r (ram) n flutter r-i4 bye o l;Ott t eD N c�a t��ee��-one �n� r@q�k e e€-eet" le4er-, ineittding sttppaftig doetnmentation,o ] (A) A written description and plot plan showing any known historic, archaeological, and cultural resources on the property. -14-