§343-6  Rules.  (a)  After consultation
with the affected agencies, the council shall adopt, amend, or repeal necessary
rules for the purposes of this chapter in accordance with chapter 91 including,
but not limited to, rules that shall:



(1)  Prescribe the procedures whereby a group of
proposed actions may be treated by a single environmental assessment or
statement;



(2)  Establish procedures whereby specific types of
actions, because they will probably have minimal or no significant effects on
the environment, are declared exempt from the preparation of an environmental
assessment;



(3)  Prescribe procedures for the preparation of an
environmental assessment;



(4)  Prescribe the contents of an environmental
assessment;



(5)  Prescribe procedures for informing the public of
determinations that a statement is either required or not required, for
informing the public of the availability of draft environmental impact
statements for review and comments, and for informing the public of the
acceptance or nonacceptance of the final environmental statement;



(6)  Prescribe the contents of an environmental impact
statement;



(7)  Prescribe procedures for the submission,
distribution, review, acceptance or nonacceptance, and withdrawal of an
environmental impact statement;



(8)  Establish criteria to determine whether an
environmental impact statement is acceptable or not; and



(9)  Prescribe procedures to appeal the nonacceptance
of an environmental impact statement to the environmental council.



(b)  At least one public hearing shall be held
in each county prior to the final adoption, amendment, or repeal of any rule.
[L 1974, c 246, pt of §1; am and ren L 1979, c 197, §1(7); am L 1983, c 140,
§9; am L 1986, c 186, §2; am L 1987, c 187, §3; am L 2008, c 110, §3]



 



Case Notes



 



  Project requiring completely new drainage system serving over
300 residences was qualitatively incompatible with both letter and intent of
administrative rules implementing subsection (a)(7) which intended to exempt
only very minor projects from requirements of this chapter.  86 H. 66, 947 P.2d
378.



  Where all three elements under §343-5(c) were present:  (1)
an applicant proposed an action specified by §343-5(a), (2) the action required
the approval of an agency, and (3) the action was not exempt under this
section, the land use commission, as the agency that received the request for
approval of the boundary amendment petition, was required by statute to prepare
an environmental assessment of the proposed action at the earliest practical
time.  109 H. 411, 126 P.3d 1098.