HRS 0205A-0022 ANNOTATIONS
Attorney General Opinions
"Special management area" must be shoreline or coastal water related land. Att. Gen. Op. 75-18.
Case Notes
Where no express procedure provided in Maui charter or Maui special management area rules for appeal of Maui planning director's decision on a minor permit application to the Maui planning commission, and commission delegated authority to render final decision on minor permit applications to director pursuant to this section, director's decision not to process developer's application was a final decision equivalent to a denial of the application and was thus appealable under §91-14(a). 88 H. 108, 962 P.2d 367.
Where defendant's tour boat operation changed the intensity of use of water in the Hanalei special management area, defendant's tour boat operation constituted a "development", within the meaning of this section, that was not exempt from the coastal zone management act or special management area rules. 89 H. 400, 974 P.2d 40.
Special management area minor permit issued by county to public utility invalid and public utility required to obtain special management area use permit for its cellular telephone tower where county board of appeals finding that valuation of tower development did not exceed $125,000 was clearly erroneous. 90 H. 384, 978 P.2d 822.
Where land lease did not constitute a "development" under this chapter, trial court erred in ruling that valuation of cellular telephone tower development must include value of the land lease; instead, valuation consisted of the "current replacement cost" of the structures built. 90 H. 384, 978 P.2d 822.
"Development" includes that which is planned. 4 H. App. 304, 666 P.2d 177.