§205A-29  Special management area use permitprocedure.  (a)  The authority in each county, upon consultation with thecentral coordinating agency, shall adopt rules under chapter 91 settingthe special management area use permit application procedures, conditions underwhich hearings must be held, and the time periods within which the hearing andaction for special management area use permits shall occur.  The authorityshall provide for adequate notice to individuals whose property rights may beadversely affected and to persons who have requested in writing to be notifiedof special management area use permit hearings or applications.  The authorityshall also provide public notice statewide at least twenty days in advance ofthe hearing.  The authority may require a reasonable filing fee which shall beused for the purposes set forth herein.

Any rule adopted by the authority shall beconsistent with the objectives, policies, and special management areaguidelines provided in this chapter.  Action on the special management permitshall be final unless otherwise mandated by court order.

(b)  No agency authorized to issue permitspertaining to any development within the special management area shallauthorize any development unless approval is first received in accordance withthe procedures adopted pursuant to this part.  For the purposes of thissubsection, 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:  TheSufficiency of Legislative Hearings in an Administrative Setting.  12 UH L.Rev. 499.

 

Case Notes

 

  Section does not require that notice of a meeting rescheduledfor 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 caseprocedures when acting upon shoreline management act use permits.  70 H. 361,773 P.2d 250.

  As the Kauai planning commission was statutorily mandated togive effect to the policies and objectives of the coastal zone management act,the planning commission had authority to reconsider and the implied authorityto modify a validly issued special management area use permit.  104 H. 173, 86P.3d 982.