Report Title:
Historic Preservation
Description:
Amends requirement of photographs of any building over 50 years old prior to any remodeling, modifications, or demolition by providing that the provision shall not apply if the building is a residence unless it is on or nominated to be on the Hawaii register of historic places. Amends requirement that photographs be archival quality to require that photographs meet national register of historic places specifications.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
353 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic presErvation.
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] that
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 that meet national register of historic places
specifications 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, 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[.] that meet national register of historic places
specifications; provided that this subsection shall not apply if the building
is a residence, unless the residence is on or is nominated to be on the Hawaii register
of historic places."
SECTION 3. Section 46-3.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-3.5[]]
Photographs of [historic property.] buildings over fifty
years old. 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 over fifty years old 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[,] that meet national register of
historic places specifications, as required under chapter 6E[.];
provided that this section shall not apply if the building is a residence,
unless the residence is on or nominated to be on the Hawaii register of
historic places.
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.
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INTRODUCED BY: |
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