USA – HAWAII Law and Practice Contributed by: Jon Pang, Lisa Broulik and Matthew Cohen, Case Lombardi, A Law Corporation
districts: Urban, Rural, Agricultural and Conservation. The Land Use Commission (LUC) is responsible for determining the boundaries of each district and for regulating the uses within it, in accordance with Chap - ter 205 of the Hawaiʻi Revised Statutes. The Hawaiʻi State Planning Act also delegates the authority to zone land to the counties, and further regulate uses within the Urban, Agricultural and Rural districts, while the land use regulations within the Conservation district are governed by the Board of Land and Natural Resources and administered by the Department of Land and Natural Resources. County Level Each county adopts its own general plans to guide zoning, land use and development within its bound - aries. In addition, the counties are responsible for enacting and implementing zoning ordinances, regu - lations and buildings codes consistent with the state land use classifications, to regulate land use and establish development standards and restrictions, including establishing permitted uses, building height limits, setbacks, and lot size requirements. The coun - ties’ administrative departments are responsible for enforcing compliance with their zoning ordinances, regulations and building codes. Coastal Zone Management (CZM) and Special Management Area (SMA) Land use in Hawaiʻi is further regulated by the Coastal Zone Management Act, which seeks to balance eco - nomic development with the conservation of coast - al resources in order to protect marine and coastal resources, beaches and coastal dunes, and to pro - vide public and private facilities and improvements important to the state’s economy in suitable locations, among other objectives. The SMAs are designated areas along the shoreline, which require special management attention to man - age development, protect natural resources, and ensure adequate access to public beaches. Hotels and resorts are commonly located within the SMAs and are subject to restrictions regulating these spe - cial districts, such as use intensity, height restrictions, view planes and building setbacks. Accordingly, pro - posed developments with the CZM area and the SMAs
require discretionary permits and approvals from the appropriate county planning body, which involves public hearings and the submission of studies, reports and assessments addressing compliance with the leg - islative purposes and objectives, and evaluating any impacts on the protected areas and appropriate miti - gative measures. 4.2 Development Process, Challenges and Enforcement Right to Develop Based on State Land Use Classification and County Zoning Ordinances and Permits The right to develop real property in Hawaiʻi is initially regulated by the land use classifications and county zoning designations, as discussed in 4.1 Planning and Zoning Framework . Permits and approvals are obtained from the appropriate county departments to ensure compliance with building, subdivision and oth - er development and construction ordinances, codes and standards. Impacts of Native Hawaiʻian Culture on Development Respect for Native Hawaiʻian culture has considerable influence on development rights in Hawaiʻi. According - ly, the protection and furtherance of Native Hawaiʻian rights and archaeological artifacts and features are integral in laws regulating the development of land in Hawaiʻi, and are actively monitored by governmental bodies and the community. In Native Hawaiʻian culture, the spiritual essence of a person resides in their bones (also known as iwi ), which are to be treated with respect. Therefore, the discovery of burial sites and iwi within a project area may delay the completion of a project for years, and may result in a financial burden for developers. When iwi or burial sites are discovered during the develop - ment process, the State Historic Preservation Division (SHPD) within the Department of Land and Natural Resources (DLNR) leads the review of the develop - ment’s impact on iwi and burial sites. Often, this pro - cess requires the developer to prepare an archaeologi - cal inventory survey and a cultural impact assessment for SHPD’s review. Burial councils determine the treat - ment of burial sites and whether to preserve or relocate burial sites, and recommend mitigative measures to
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