Application Process

The following outline describes the most common procedure for applying to conduct land uses within the State Land Use Conservation District. If an applicant is unsure of the correct permit type, or permitting requirements for their proposed project, the applicant should send to this office, in writing, a short description of the proposed land uses, the location (include the Tax Map Key) and contact information for the applicant. Once we receive the aforementioned information the OCCL will provide the applicant with an official determination regarding the application process to follow if the use is identified under Hawaii Administrative Rules (HAR) Chapter 13-5

OCCL                     Office of Conservation and Coastal Lands
CDUA                    Conservation District Use Application
CDUP                    Conservation District Use Permit
OEQC                    Office of Environmental and Quality Control
BLNR                     Board of Land and Natural Resources
DLNR                     Department of Land and Natural Resources
DEA                        Draft Environmental Assessment
FEA                        Final Environmental Assessment
AFONSI                Anticipated Finding of No Significant Impact
FONSI                   Finding of No Significant Impact

 

CDUA process

STEP 1

Landowner or Certified Representative submits a CDUA and other required documents to the OCCL for review.

Additional documents that may be required: Certified Shoreline; Management Plan; Environmental Assessment

 

STEP 2

OCCL reviews application for completeness:

If application is complete: OCCL accepts CDUA for review, begin 180 day time limit; applicant receives acceptance letter signed by Department Chair. Go to Step 3.

If application is NOT complete: OCCL will reject CDUA and submit to the applicant, in writing, a letter with the necessary steps required to re-apply for the proposed land use. Go to Step 1.

 

STEP 3

Project is exempt from HRS Chapter 343: No EA is required:

CDUA is published in the following edition of the OEQC publication the Environmental Notice for a 30-day public notice period.

CDUA is sent to any affected state, federal and local government agencies, community groups, community associations, neighborhood boards, and local public library for a 30-day comment period.

Comments are received by the OCCL, forwarded on to applicant. Applicant provides to the OCCL, in writing, an “applicant response” to the comments received. Go to Step 5.

OR

Project is NOT exempt from HRS Ch. 343: EA is required; A DEA is submitted with the CDUA for review:

DEA is published in the following edition of the OEQC publication the Environmental Notice for a 30-day public notice period.

Copies of CDUA and DEA are sent to any affected state, federal and local government agencies, community groups, community associations, neighborhood boards, and the local public library for a 30-day comment period.

Comments are received by OCCL, forwarded on to applicant. Go to Step 4.

 

STEP 4

Public Hearing required:

OCCL works with applicant to schedule a Public Hearing in the vicinity of the project area. OCCL publishes notice of public hearing in local newspaper, schedules Public Hearing time, date and location.

OCCL holds public hearing to solicit comments from the public.

Comments are forwarded to applicant to be addressed.

Applicant provides to the OCCL, in writing, an “applicant response” to all the comments received. Go to Step 4a.

OR

Public Hearing NOT required: Go to Step 4a.

 

STEP 4a

Applicant includes comments into the FEA and submits to OCCL for publication in the next available edition of the OEQC publication the Environmental Notice.

Public has 30-days to contest environmental determination (FONSI or AFONSI) of FEA. Go to Step 5.

 

STEP 5

OCCL completes Staff Report for proposed project, submits CDUA for final disposition:

If Departmental Permit Application (C designation): Staff Report is forwarded to Department Chair for approval or denial. Go to Step 6.

If Board Permit Application (D designation): Staff Report is scheduled to be put on BLNR land meeting agenda. Applicant is notified, in writing, of meeting time and place. Go to Step 6.

 

STEP 6

Project is approved or denied by Chair (Departmental Permit) or BLNR (Board Permit); if approved applicant receives CDUP for proposed land uses.