Report Title:

Historic Preservation

 

Description:

Amends requirement of photographs of any building over 50 years old prior to any remodeling, modifications, or demolition by providing that the provision shall not apply if the building is a residence unless it is on or nominated to be on the Hawaii register of historic places. Amends requirement that photographs be archival quality to require that photographs meet national register of historic places specifications.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

353

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to historic presErvation.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Before any agency or officer of the State or its political subdivisions commences any project [which] that may affect historic property, aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places. The proposed project shall not be commenced, or in the event it has already begun, continued, until the department shall have given its written concurrence. In the case of any building that is eligible for listing or is listed on the Hawaii or national register of historic places, no demolition, construction, or other alteration of the building shall occur until after the responsible agency, officer, or county has transmitted [archival quality black and white] photographs of the historic building that meet national register of historic places specifications to the department.

The department is to provide written concurrence or non-concurrence within ninety days after the filing of a request with the department. The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence to the Hawaii historic places review board. An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may request the Hawaii advisory council on historic preservation to report or who may take action as the governor deems best in overruling or sustaining the department."

SECTION 2. Section 6E-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In the case of any building over fifty years old, no demolition, construction, or other alteration of the building shall occur until after the owner has transmitted to the department, at the owner's expense, [archival quality black and white] photographs of the building[.] that meet national register of historic places specifications; provided that this subsection shall not apply if the building is a residence, unless the residence is on or is nominated to be on the Hawaii register of historic places."

SECTION 3. Section 46-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]46-3.5[]] Photographs of [historic property.] buildings over fifty years old. Notwithstanding any other law to the contrary, each county agency that issues building, construction, or development-related permits shall not issue any permit allowing the demolition, construction, or other alteration of a [historic] building over fifty years old until after a permit applicant provides proof of having provided the department of land and natural resources with [archival quality black and white] photographs of the [historic] building[,] that meet national register of historic places specifications, as required under chapter 6E[.]; provided that this section shall not apply if the building is a residence, unless the residence is on or nominated to be on the Hawaii register of historic places.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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