2011-11-17 Leeward Exh B - PC Rule No. 9

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that’s one change. The second change was including final subdivision approval as one of those items that are not defined as the development. Now, this particular section is basically meaningless because final subdivision approval is an administrative act; it is not development per se, you know. So therefore, we are not suggesting any specific amendment to your rule to include final subdivision approval as one of those uses that require an SMA Assessment. The third item is the valuation of development. Previously, there was a limit of $125,000 by which something could be considered for an SMA Minor Permit. That amount was increased by Act 153 to $500,000. And finally, Act 153 amended Chapter 171-6 of the Revised Statutes regarding the State Board of Land and Natural Resources, and basically it exempted from the State SMA Law all facilities, plans, design, construction and operation of facilities under the jurisdiction of the Department of Boating and Ocean Recreation. So based on these amendments to State Law, we went through Rule No. 9 of your Rules, and as indicated on the yellow paper that was attached to your report – and again, sorry for the last minute revisions that came to you – but we tried to conform amendments to the State Law to your Rules. And as you can see by the ramsayered amendments in this draft rule amendment, one area which we tried to expand upon was the definition of floor area, because the State amendment just says 7,500-square foot single-family residence; how you define it was not made clear. So this is our attempt to try to provide some clarity to staff. We looked at the International Building Code and we also looked at the Zoning Code definition for single-family dwelling, and we sort of did a highbred, and we are hoping that this provides at least some definition and some clarity to the definition of the floor area for a single-family residence. The changes between the original draft rule that we sent to you earlier and the one that you just received like yesterday is that, thank you to Deputy Corporation Counsel, Ivan Torigoe, that there are other sections within your Rules that made reference to $125,000. I should have caught it earlier and I didn’t, and I apologize. So I simply went back and every part of the Rules that made reference to $125,000, I made it to $500,000 to be consistent with the requirements of State Law. So with that, I stand ready to answer any questions that you may have. GIFFIN: Any questions of Daryn, Commissioners? HICKCOX: I have one question, just kind of off the wall again but -. GIFFIN: Sure. HICKCOX: What are the lands or facilities under the jurisdiction of the Division of Boating and Ocean Recreation? GIFFIN: Daryn? Director? LEITHEAD TODD: Small boat harbors, basically. And what this does is previously small boat harbors were under DOT and were granted an exemption from the application. Then when they switched it from DOT to DLNR, they forgot to give DLNR the same exemption that DOT used to have. So all this is is giving the small boat harbors the same exemption they previously had when they were with the different State department. HICKCOX: I got it. Thank you very much. GIFFIN: Any other questions of staff or the Director? 2 EXHIBIT B