SMA PERMIT PROCESS HELPS MANAGE COASTAL DEVELOPMENT
by Joan Martin, Director of Business Development, First Hawaii Title Corp.
reprinted courtesy Maui News 4/19//08
Dear Interested,
The Special Management Area (SMA) pernit is part of a regulatory system that helps assure that permitted uses and activities that are defined as developments in the SMA are carried out in compliance with Hawaii's Coastal Zone Management Program. This law was enacted in 1977 and provides overarching guidance through State law for managing coastal development. According to the·County of Maui Department·of Planning
the purpose of the SMA Permit is to regulate any use, activity or operation that qualifies as a "development," and has a total cost of fair market value of $125,000 or more; or has significant adverse environmental
or ecological effect within the Special Management Area. The SMA application provides a means to preserve, protect, and where possible,
restore the natural resources of the coastal zone of Hawaii by establishing special controls on development within the areas along the shoreline
so as to avoid the permanent loss of valuable resources and the foreclosure of land use and management options, and insure that adequate public access is provided to beaches, recreational area and natural reserves.
The permit regulates hotels, subdivisions and commercial areas. It does not regulate agriculture, interior alterations or non-structural improvements, single-family homes or underground utilities.
The primary function of the SMA is to manage coastal resources. The SMA permit also does not consider the adequacy of roads, parks and infrastructure, the. impact on public services, schools or the community.
There are 2 types of SMA permits, minor and major. A minor SMA permit is an approval for development proposals within the SMA with a construction valuation of $125,000 or less and has an abbreviated review process that doesn't require a public hearing. These permits are
published in the state's Office of Environmental Control Environmental
Notice twice a month.
A major SMA permit is required when construction valuation of a proposed development is more than $125,000, or may have significant adverse and or cumulative impacts relative to the Hawaii Coastal Zone Management Program. Any development in an SMA that is not exempt or is not covered by an SMA minor permit requires an SMA major permit administered by the County of Maui' s Planning Department. Upon submittal of a SMA Permit Application, it will be reviewed by the Central Coordinating agency (the Maui County Department of Public Works and Environmental Management, Development Services Administration) for completeness, which means that all required documents have been filed.
Upon receipt of all information, the Maui County Director of Planning transmits the application to the appropriate agencies for review and comment. After all comments have been received, a public hearing is scheduled. The applicant is required to prepare a Notice of Application
and legible map for submittal to the Planning Department
for review of completeness. Within ten days of departmental approval the applicant shall publish the Notice of Application and map in a newspaper.
The Planning Department shall notify the applicant the date of the scheduled hearing at least forty-five days prior to the hearing.
For more information contact the Maui County Planning Department, 250 South High Street, Wailuku. Their telephone number is 270-7735.
"Open House" is a factual and sometimes lighthearted look at real estate concerns on Maui. If you have a question you want answered contact Joan Martin at Joanm @firsthawaii.com.
reprinted courtesy Maui News 4/19//08
brought to you by Wailea Makena Real Estate Inc.
www.Wailea-Makena-real-estate.com
Peter Gelsey R (PB)
Wailea Makena Real Estate, Inc.
direct (808) 357-4552
Toll free 800-482-5089
fax (808) 442-0946
email pgelsey@aol.com
Disclaimer: we have no information if the content of these articles is correct or not, we are reprinting them only for interest and general information. For legal advice please contact an attorney.