Haw. Code R. § 13-284-7 - Determining effects to significant historic properties
(a) The effects or impacts of a project on
significant properties shall be determined by the agency. Effects include
direct as well as indirect impacts. One of the following effect determinations
must be established:
(1) "No historic
properties affected". The project will have no effect on significant historic
properties; or
(2) "Effect, with
agreed upon mitigation commitments". The project will affect one or more
significant historic properties, and the effects will potentially be harmful.
However, the person has agreed to mitigation commitments involving one or more
forms of mitigation to reasonably and acceptably mitigate the harmful
effects.
(b) Effects
include, but are not limited to, partial or total destruction or alteration of
the historic property, detrimental alteration of the properties' surrounding
environment, detrimental visual, spatial, noise or atmospheric impingement,
increasing access with the chances of resulting damage, and neglect resulting
in deterioration or destruction. These effects are potentially
harmful.
(c) Effect determinations
shall be submitted to SHPD for review. These shall be submitted with the survey
report, significance assessments, and mitigation commitments. The
determinations shall include a map showing the location of the project and a
general discussion of the project's scope of work, so the nature of possible
effects can be understood.
(1) If the SHPD
disagrees with the effect determinations, a letter that specifies the
disagreements shall be sent within forty five days of receipt of the effect
determinations. To proceed with the review process, the agency shall consult
with the SHPD as needed to resolve differences, and resubmit the effect
determinations.
(2) If the SHPD
agrees with the effect determinations, the SHPD shall send a letter of
agreement within forty five days of SHPD receipt of the effect
determinations.
(d) No
historic properties affected determinations for architectural properties shall
be expedited when the SHPD agrees with the agency that minor changes to a
building or structure will not affect its significant character. Because these
changes are typically non-controversial and require prompt processing, the SHPD
shall write its concurrence as a "no historic properties affected"
letter.
(e) When the SHPD comments
that the action shall not affect any significant historic properties, the
historic preservation review ends. When the comment of the SHPD is that the
project will have an "effect, with agreed upon mitigation commitments", then
detailed mitigation plans shall be developed by the agency as discussed in the
following section.
Notes
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