§343-6  Rules.  (a)  After consultationwith the affected agencies, the council shall adopt, amend, or repeal necessaryrules 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 ofproposed actions may be treated by a single environmental assessment orstatement;

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

(3)  Prescribe procedures for the preparation of anenvironmental assessment;

(4)  Prescribe the contents of an environmentalassessment;

(5)  Prescribe procedures for informing the public ofdeterminations that a statement is either required or not required, forinforming the public of the availability of draft environmental impactstatements for review and comments, and for informing the public of theacceptance or nonacceptance of the final environmental statement;

(6)  Prescribe the contents of an environmental impactstatement;

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

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

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

(b)  At least one public hearing shall be heldin 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 over300 residences was qualitatively incompatible with both letter and intent ofadministrative rules implementing subsection (a)(7) which intended to exemptonly very minor projects from requirements of this chapter.  86 H. 66, 947 P.2d378.

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