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

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ACT 16 SECTION 6. Section 205A-29, Hawaii Revised Statutes,is amended by amending subsection (a) to read as follows: "(a) The authority in each county, upon consultation with the central coordinating agency, shall adopt rules under chapter 91 setting the special man- agement area use permit application procedures, conditions under which hear- ings must be held, and the time periods within which the hearing and action for special management area use permits shall occur. The authority shall provide for adequate notice to individuals whose property rights may be adversely affected and to persons who have requested in writing to be notified of special manage- ment area use permit hearings or applications. The authority shall also provide public notice [statewide] that is, at a minimum, circulated throughout the county at least twenty days in advance of the hearing. The authority may require a rea- sonable filing fee which shall be used for the purposes set forth herein. Any rule adopted by the authority shall be consistent with the objectives, policies, and special management area guidelines provided in this chapter. Ac- tion on the special management permit shall be final unless otherwise mandated by court order." SECTION 7. Section 205A-41, Hawaii Revised Statutes,is amended by adding a new definition to be appropriately inserted and to read as follows: ""Department"means the planning department of the counties of Kauai, Maui, and Hawaii and the department of planning and permitting of the city and county of Honolulu, or other appropriate agency as designated by the coun- ty councils." SECTION 8. Section 205A-43, Hawaii Revised Statutes,is amended by amending subsection (a) to read as follows: "(a) Setbacks along shorelines are established of not less than [may feet and not m er-e than] forty feet inland from the shoreline. The department shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks and rules pertaining thereto." SECTION 9. Section 205A-43.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Prior to action on a variance application, the authority shall hold a public hearing under chapter 91. By adoption of rules under chapter 91, the au- thority may delegate responsibility to the department. Public and private notice, including reasonable notice to abutting property owners and persons who have requested this notice, shall be provided,but a public hearing may be waived prior to action on a variance application for: (1) Stabilization of shoreline erosion by the moving of sand entirely on public lands; (2) Protection of a legal structure [,weir,m er-e than $20 nnn;] or pub- lic facility, including any facility owned by a public utility that is regulated pursuant to chapter 269, that does not fix the shoreline, under an emergency authorization issued by the authority;provided that the structure or public facility is at risk of immediate damage from shoreline erosion[;] and the authorization does not exceed three years; (3) Other structures or activities;provided that no person or agency has requested a public hearing within twenty-five calendar days after public notice of the application; or (4) Maintenance, repair, reconstruction, and minor additions or al- terations of legal boating, maritime, or watersports recreational 264