Haw. Code R. § 13-184-2.1

Current through September, 2024
Section 13-184-2.1 - Geothermal resource subzones

Geothermal resource subzones may be designated within the urban, rural, agricultural and conservation land use districts established under section 205-2, Hawaii Revised Statutes. Only those areas designated as geothermal resources subzones may be utilized for geothermal development activities in addition to those uses permitted in each land use district under chapter 205, Hawaii Revised Statutes. Geothermal development activities may be permitted within urban, rural, agricultural, and conservation land use districts in accordance with chapter 205, Hawaii Revised Statutes, rules of the appropriate county authority, and these administrative rules.

The board shall have the responsibility for designating areas as geothermal resource subzones, except that the total area within an agricultural district which is the subject of a geothermal mining lease approved by the board, and any part or all of which area is the subject of a special use permit issued by the county for geothermal development activities, on or before May 25, 1984, is hereby designated as a geothermal resource subzone for the duration of the lease.

The authority of the board to designate geothermal resource subzones shall be an exception to those provisions of chapter 205, Hawaii Revised Statutes, and of section 46-4, Hawaii Revised Statutes, authorizing the land use commission and the counties to establish and modify land use districts and to regulate uses therein.

The provisions of these administrative rules shall not abrogate nor supersede the provisions of chapters 182, entitled "reservation and disposition of government mineral rights" and 183, entitled "forest reservations, water development, zoning", Hawaii Revised Statutes, and chapter 183 of title 13, department administrative rules entitled "rules on leasing and drilling of geothermal resources".

Haw. Code R. § 13-184-2.1

[Eff. SEP 6 1984] (Auth: HRS § 205-5.1) (Imp: HRS § 205-5.1)