Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 7 - WATER RESOURCES
Chapter 169 - PROTECTION OF INSTREAM USES OF WATER
Subchapter 5 - STREAM CHANNEL ALTERATION PERMIT
Section 13-169-52 - Criteria for ruling on application
Universal Citation: HI Admin Rules 13-169-52
Current through February, 2024
(a) The commission shall act upon an application within ninety calendar days after acceptance of the application.
(b) Based upon the findings of fact concerning an application for a stream channel alteration permit, the commission shall either approve in whole, approve in part, approve with modifications, or reject the application for a permit.
(c) In reviewing an application for a permit, the commission shall cooperate with persons having direct interest in the channel alteration and be guided by the following general considerations:
(1) Channel alterations that would adversely
affect the quantity and quality of the stream water or the stream ecology
should be minimized or not be allowed.
(2) Where instream flow standards or interim
instream flow standards have been established pursuant to subchapters 3 and 4,
no permit shall be granted for any channel alteration which diminishes the
quantity or quality of stream water below the minimum established to support
identified instream uses, as expressed in the standards.
(3) The proposed channel alteration should
not interfere substantially and materially with existing instream or
non-instream uses or with channel alterations previously permitted.
(c) Notwithstanding subparagraph (b) above,
the commission may approve a permit pursuant to subparagraph (a) above in those
situations where it is clear that the best interest of the public will be
served, as determined by the commission.
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