§205-5.2  Designation of areas as geothermal
resource subzones.  (a)  Beginning in 1983, the board of land and natural
resources shall conduct a county-by-county assessment of areas with geothermal
potential for the purpose of designating geothermal resource subzones.  This
assessment shall be revised or updated at the discretion of the board, but at
least once each five years beginning in 1988.  Any property owner or person
with an interest in real property wishing to have an area designated as a
geothermal resource subzone may submit a petition for a geothermal resource
subzone designation in the form and manner established by rules and regulations
adopted by the board.  An environmental impact statement as defined under
chapter 343 shall not be required for the assessment of areas under this
section.



(b)  The board's assessment of each potential
geothermal resource subzone area shall examine factors to include, but not be
limited to:



(1)  The area's potential for the production of
geothermal energy;



(2)  The prospects for the utilization of geothermal
energy in the area;



(3)  The geologic hazards that potential geothermal
projects would encounter;



(4)  Social and environmental impacts;



(5)  The compatibility of geothermal development and
potential related industries with present uses of surrounding land and those
uses permitted under the general plan or land use policies of the county in
which the area is located;



(6)  The potential economic benefits to be derived
from geothermal development and potential related industries; and



(7)  The compatibility of geothermal development and
potential related industries with the uses permitted under chapter 183C and
section 205-2, where the area falls within a conservation district.



In addition, the board shall consider, if
applicable, objectives, policies, and guidelines set forth in part I of chapter
205A, and chapter 226.



(c)  Methods for assessing the factors in
subsection (b) shall be left to the discretion of the board and may be based on
currently available public information.



(d)  After the board has completed a
county-by-county assessment of all areas with geothermal potential or after any
subsequent update or review, the board shall compare all areas showing
geothermal potential within each county, and shall propose areas for potential
designation as geothermal resource subzones based upon a preliminary finding
that the areas are those sites which best demonstrate an acceptable balance
between the factors set forth in subsection (b).  Once a proposal is made, the
board shall conduct public hearings pursuant to this subsection,
notwithstanding any contrary provision related to public hearing procedures. 
Contested case procedures are not applicable to these hearings.



(1)  Hearings shall be held at locations which are in
close proximity to those areas proposed for designation.  A public notice of
hearing, including a description of the proposed areas, an invitation for
public comment, and a statement of the date, time, and place where persons may
be heard shall be given and mailed no less than twenty days before the
hearing.  The notice shall be given on three separate days statewide and in the
county in which the hearing is to be held.  Copies of the notice shall be
mailed to the department of business, economic development, and tourism, to the
planning commission and planning department of the county in which the proposed
areas are located, and to all owners of record of real estate within, and
within one thousand feet of, the area being proposed for designation as a
geothermal resource subzone.  The notification shall be mailed to the owners
and addresses as shown on the current real property tax rolls at the county
real property tax office.  Upon that action, the requirement for notification
of owners of land is completed.  For the purposes of this subsection, notice to
one co-owner shall be sufficient notice to all co-owners;



(2)  The hearing shall be held before the board, and
the authority to conduct hearings shall not be delegated to any agent or
representative of the board.  All persons and agencies shall be afforded the
opportunity to submit data, views, and arguments either orally or in writing. 
The department of business, economic development, and tourism and the county
planning department shall be permitted to appear at every hearing and make
recommendations concerning each proposal by the board; and



(3)  At the close of the hearing, the board may
designate areas as geothermal resource subzones or announce the date on which
it will render its decision.  The board may designate areas as geothermal
resource subzones only upon finding that the areas are those sites which best
demonstrate an acceptable balance between the factors set forth in subsection
(b).  Upon request, the board shall issue a concise statement of its findings
and the principal reasons for its decision to designate a particular area.



(e)  The designation of any geothermal resource
subzone may be withdrawn by the board of land and natural resources after
proceedings conducted pursuant to chapter 91.  The board shall withdraw a
designation only upon finding by a preponderance of the evidence that the area
is no longer suited for designation; provided that the designation shall not be
withdrawn for areas in which active exploration, development, production or
distribution of electrical energy from geothermal sources or direct use
applications of geothermal resources are taking place.



(f)  This Act shall not apply to any active
exploration, development or production of electrical energy from geothermal
sources or direct use applications of geothermal resources taking place on
June 14, 1983, provided that any expansion of such activities shall be
carried out in compliance with its provisions. [L 1983, c 296, pt of §3; am L
1986, c 124, §1, c 187, §2, and c 290, §2; am L 1987, c 336, §7 and c 378, §2;
am L 1990, c 293, §8; am L 1995, c 11, §10 and c 69, §10; am L 1998, c 2, §61]



 



Note



 



  In subsection (f)
"This Act" refers to L 1983, c 296.



 



Case Notes



 



  Statute sufficiently
clear to comport with due process.  69 H. 255, 740 P.2d 28.