Report Title:

Historic Preservation; Historic Property; Photographs

Description:

Changes the requirement for archival photographs for permits allowing the demolition, construction, or other alteration of a historic building to photographs in any format, including electronic, for buildings eligible for listing on the Hawaii or National Register of Historic Places.

HOUSE OF REPRESENTATIVES	H.B. NO.	1136
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PHOTOGRAPHS OF HISTORIC BUILDINGS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Before any agency or officer of the State or its political subdivisions commences any project which may affect historic property, aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places.  The proposed project shall not be commenced, or in the event it has already begun, continued, until the department shall have given its written concurrence.  In the case of any building that is eligible for listing or is listed on the Hawaii or national register of historic places, no demolition, construction, or other alteration of the building shall occur until after the responsible agency, officer, or county has transmitted [archival quality black and white] photographs of the historic building to the department.

     The department is to provide written concurrence or non-concurrence within ninety days after the filing of a request with the department.  The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence to the Hawaii historic places review board.  An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may request the Hawaii advisory council on historic preservation to report or who may take action as the governor deems best in overruling or sustaining the department."

SECTION 2.  Section 6E-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b)  In the case of any building over fifty years old[,] and eligible for listing on the Hawaii or national register of historic places as defined in title 13, subtitle 8, chapter 198, Hawaii administrative rules, no demolition, construction, or other alteration of the building shall occur until after the owner has transmitted to the department, at the owner's expense, [archival quality black and white] photographs of the building."

     SECTION 3.  Section 46-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§46-3.5[]]  Photographs of historic property.  (a)  Notwithstanding any other law to the contrary, each county agency that issues building, construction, or development-related permits shall not issue any permit allowing the demolition, construction, or other alteration of a [historic] building eligible for listing on the Hawaii or national register of historic places as defined in chapter 13-198, Hawaii administrative rules, until after a permit applicant provides proof of having provided the department of land and natural resources [with archival quality black and white] photographs of the historic building, as required under chapter 6E.

(b)  For the purposes of this section:

"Eligible for listing on the Hawaii or national register of historic places" means that a property meets the significance criteria for the national register as defined by the Secretary of the Interior's Standards and Guidelines for Evaluation or meets the significance criteria for listing on the Hawaii register as defined in chapter 13-284, Hawaii administrative rules, or both.  A person meeting professional qualifications listed in chapter 13-281, Hawaii administrative rules, shall make the significance determination.

"Photographs" means dated pictures, not taken more than one month prior to applying for any building permit affecting the exterior of the historic structure in any clearly visible format, including electronic formats.

"Photographs of the historic building" means, at the least, pictures of the building exterior, including window treatments, doors, roof line, and interesting architectural details, such as gables, finials, rock wall foundations, or porches."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request