[§183C-3]  Powers and duties of the boardand department.  The board and department shall:

(1)  Maintain an accurate inventory of landsclassified within the state conservation district by the state land usecommission, pursuant to chapter 205;

(2)  Identify and appropriately zone those landsclassified within the conservation district;

(3)  Adopt rules, in compliance with chapter 91 whichshall have the force and effect of law;

(4)  Set, charge, and collect reasonable fees in anamount sufficient to defray the cost of processing applications for zoning,use, and subdivision of conservation lands;

(5)  Establish categories of uses or activities onconservation lands, including allowable uses or activities for which no permitshall be required;

(6)  Establish restrictions, requirements, andconditions consistent with the standards set forth in this chapter on the useof conservation lands; and

(7)  Establish and enforce land use regulations onconservation district lands including the collection of fines for violations ofland use and terms and conditions of permits issued by the department. [L 1994,c 270, pt of §1]

 

Case Notes

 

  Section 13-5-23(L-6), Hawaii Administrative Rules, allowingfor construction of single family residences within floodplains and coastalhigh hazard areas when granted permit approval from the board of land andnatural resources, was not facially unconstitutional under the equal protectionclause of the Fourteenth Amendment to the U.S. Constitution because it wasrationally related to the State's legitimate interests.  438 F. Supp. 2d 1186.