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



(1)  Maintain an accurate inventory of lands
classified within the state conservation district by the state land use
commission, pursuant to chapter 205;



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



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



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



(5)  Establish categories of uses or activities on
conservation lands, including allowable uses or activities for which no permit
shall be required;



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



(7)  Establish and enforce land use regulations on
conservation district lands including the collection of fines for violations of
land 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, allowing
for construction of single family residences within floodplains and coastal
high hazard areas when granted permit approval from the board of land and
natural resources, was not facially unconstitutional under the equal protection
clause of the Fourteenth Amendment to the U.S. Constitution because it was
rationally related to the State's legitimate interests.  438 F. Supp. 2d 1186.