NOTICE OF PUBLIC HEARING
OFFICE OF PLANNING IN THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM
PROPOSED AMENDMENTS TO CHAPTER 15-150,
HAWAII ADMINISTRATIVE RULES
Notice is hereby given that the Office of Planning, in the Department of Business, Economic Development & Tourism (DBEDT), pursuant to Chapter 91, Hawaii Revised Statutes (HRS), will hold a public hearing as follows:
Date: March 9, 2009
Place: Leiopapa A Kamehameha Building,
235 S. Beretania Street, Honolulu, Hawaii
6th Floor Conference Room
The purpose of the public hearing is to receive testimony related to the adoption of the proposed amendments to Hawaii Administrative Rules (HAR), Title 15, Chapter 150, entitled, “Rules Governing Special Management Areas and Shoreline Areas within Community Development Districts and Practice and Procedures before the Office of Planning”. The proposed amendments to Chapter 15-150, HAR are summarized as follows:
1. §15-150-2 Definitions. The proposed amendment to Section 15-150-2, HAR, is a housekeeping measure to comply with the definition of “Coastal zone management area” in Section 205A-1, HRS, and to comply with the meaning of “Development” defined and amended in Section 205A-22, HRS.
2. §15-150-6 Review guidelines. The proposed amendment to Section 15-150-6, HAR, is a housekeeping measure to adopt new guidelines for implementing the Section 205A-30.5, HRS, Prohibitions, and a new Part V of Chapter 205A entitled, “Other Provisions,” that addresses artificial light on shoreline and ocean waters.
3. §15-150-9 Filling requirements. The proposed amendment to Section 15-150-9, HAR, will avoid delays in the process of SMA use approval applications within the community development districts by authorizing Office of Planning to waive the requirement of a shoreline certification in specific instances where the shoreline has been hardened and fixed by an artificial structure or structures.
4. §15-150-19 Emergency approvals. The proposed amendment to Section 15-150- 19, HAR, is to correct the error by replacing “chapters 127 or 128” with “chapter 127 or 128.”
5. §15-150-26 Variances. The proposed amendment to Section 15-150-26, HAR, is to change “ancillary” into “ancillary to”.
6. §15-150-32 Penalties. The proposed amendment to Section 15-150-32, HAR, is a housekeeping measure to comply with the statutory amendment to the thresholds of base and daily fines for violations of Part II – Special Management Areas and Part III – Shoreline Setbacks.
All interested persons shall be afforded an opportunity to submit comments related to the proposed amendments to Chapter 15-150, HAR, orally or in writing, or both at the hearing. All persons wishing to submit written testimony prior to the hearing may submit two (2) copies by March 6, 2009, to the Office of Planning, Department of Business, Economic Development & Tourism, P.O. Box 2359, Honolulu, HI 96804, or in person at the Leiopapa A Kamehameha Building, 235 South Beretania Street, 6th floor, Honolulu, Hawaii. A copy of the proposed amendments to be adopted may be reviewed in person at the Office of Planning during business hours, 7:45 a.m. – 4:30 p.m., Monday through Friday.
Persons who require special accommodations at the hearing are invited to call the Office of Planning at 587-2841 at least four (4) days prior to the hearing.
A copy of the proposed amendments will be emailed to anyone who sends a request to: email@example.com. A hard copy of the proposed amendments can also be mailed to any interested person. Requests for copies may be made either in writing, by visiting the Office of Planning, or by calling (808)587-2841.
Abbey Seth Mayer
Director, Office of Planning
Department of Business, Economic Development & Tourism
State of Hawaii