§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 statewide 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]



 



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.



 



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.



  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.



  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.