Section 13-184-11 - Administration of subzones Geothermal development activities within a geothermal resource subzone shall be administered as follows:
(1) The use of an area for geothermal development activities within a geothermal resource subzone shall be governed by the board, if such activities lie within a conservation use district. If geothermal development activities are proposed within a conservation district, then, after receipt of a properly filed and completed application, the board shall conduct a public hearing and, upon appropriate request, a contested case hearing pursuant to chapter 91, Hawaii Revised Statutes, to determine whether, pursuant to board regulations, a conservation district use permit shall be granted to authorize the geothermal development activities described in the application.(2) The use of an area for geothermal development activities within a geothermal resource subzone shall be governed by both state and county statutes, ordinances, and rules, if such activities lie within an agricultural, rural, or urban use district; except that land use commission approval or special use permit procedures which are provided for in section 205-6, Hawaii Revised Statutes, shall not be required for the use of such subzones for geothermal development activities. In the absence of provisions in the county general plan and zoning ordinances specifically relating to the use and location of geothermal development activities in an agricultural, rural, or urban district, the appropriate county authority may issue a geothermal resource permit to allow geothermal development activities. Such uses as are permitted by county general plan and zoning ordinances by the appropriate county authority shall be deemed to be reasonable and to promote the effectiveness and objectives of chapter 205, Hawaii Revised Statutes. If provisions in the county general plan and zoning ordinances specifically relate to the use and location of geothermal development activities in an agricultural, rural, or urban district, the provisions shall require the appropriate county authority to conduct a public hearing and, upon appropriate request, a contested case hearing pursuant to chapter 91, Hawaii Revised Statutes, on any application for a geothermal resource permit to determine whether the use is in conformity with the criteria specified in section 205-5.1(e), Hawaii Revised Statutes, for granting geothermal resource permits. If geothermal development activities are proposed within agricultural, rural, or urban districts and such proposed activities are not permitted uses pursuant to county general plan and zoning ordinances, then after receipt of a properly filed and completed application, the appropriate county authority shall conduct a public hearing and, upon appropriate request, a contested case hearing pursuant to chapter 91, Hawaii Revised Statutes, to determine whether a geothermal resource permit shall be granted to authorize the geothermal development activities described in the application. The appropriate county authority shall grant a geothermal resource permit if it finds that applicant has demonstrated by a preponderance of the evidence that:
(a) The desired uses would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property; and(b) The desired uses would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; and(c) That there are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above. Unless there is a mutual agreement to extend, a decision shall be made on the application by the appropriate county authority within 180 days of the date a complete application was filed; provided that if a contested case hearing is held, the final permit decision shall be made within 270 days of the date a complete application was filed.
County issued geothermal resource permits shall not abrogate nor supersede the provisions of chapters 177, 178, 182, 183, 205A, 226, 342, and 343, Hawaii Revised Statutes, and administrative rules promulgated thereunder shall apply as appropriate.
[Eff. SEP 6 1984] (Auth: HRS § 205-5.2) (Imp: HRS § 205-5.2)