[183C-3] Powers and duties of the board and department. The board and department shall:

(1) Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;

(2) Identify and appropriately zone those lands classified within the conservation district;

(3) Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;

(4) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;

(5) Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;

(6) Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and

(7) Establish and enforce land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department. [L 1994, c 270, pt of 1]

 

Case Notes

 

Section 13-5-23(L-6), Hawaii Administrative Rules, allowing for construction of single family residences within floodplains and coastal high hazard areas when granted permit approval from the board of land and natural resources, was not facially unconstitutional under the equal protection clause of the Fourteenth Amendment to the U.S. Constitution because it was rationally related to the State's legitimate interests. 438 F. Supp. 2d 1186.

The board of land and natural resources was not required to engage in rule-making to adopt a standardized methodology for valuation of damages to conservation lands before making a valuation of damage to land in the conservation district resulting from excessive sedimentation. 132 H. 247, 320 P.3d 912 (2014).

The intermediate court of appeals correctly determined that the board of land and natural resources had jurisdiction, pursuant to paragraph (7), to institute a proceeding to enforce land use regulations on conservation district lands in a case involving the alleged damages to state lands and natural resources due to excessive sedimentation. 132 H. 247, 320 P.3d 912 (2014).

 

 

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