HomeMy WebLinkAbout2025-10-22 Appellants Exhibit 6_SMA Procedure §205A-29 Special management area use permit procedure. (a)
The authority in each county, upon consultation with the central
coordinating agency, shall adopt rules under chapter 91 setting the
special management area use permit application procedures, conditions
under which hearings 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 management area use
permit hearings or applications. The authority shall also provide public
notice that is, at a minimum, circulated throughout the county at least
twenty days in advance of the hearing. The authority may require a
reasonable 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. Action on the special management permit shall be final
unless otherwise mandated by court order.
(b) No agency authorized to issue permits pertaining to any
development within the special management area shall authorize any
development unless approval is first received in accordance with the
procedures adopted pursuant to this part. For the purposes of this
subsection, county general plan, state land use district boundary
amendments, and zoning changes are not permits. [L 1975, c 176, pt of
§1; am L 1977, c 188, §11 ; am L 1979, c 200, §12; am L 1989, c 356,
§8; am L 1998, c 2, §62; am L 2020, c 16, §6]
Law Journals and Reviews
Sandy Beach Defense Fund v. City and County of Honolulu: The
Sufficiency of Legislative Hearings in an Administrative Setting. 12 UH
L. Rev. 499 (1990).
Case Notes
Section does not require that notice of a meeting rescheduled for later
date to be provided within time limit on original notice. 64 H. 431 , 643
P.2d 55 (1982).
City council not subject to chapter 91 contested case procedures when
acting upon shoreline management act use permits. 70 H. 361, 773
P.2d 250 (1989).
As the Kauai planning commission was statutorily mandated to give
effect to the policies and objectives of the coastal zone management
act, the planning commission had authority to reconsider and the implied
authority to modify a validly issued special management area use
permit. 104 H. 173, 86 P.3d 982 (2004).
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