Bill Text: HI HB503 | 2010 | Regular Session | Introduced
Bill Title: Historic Preservation; photographs
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB503 Detail]
Download: Hawaii-2010-HB503-Introduced.html
Report Title:
Historic Preservation; photographs
Description:
Changes the requirement for archival photographs for permits allowing the demolition, construction, or other major alteration of a historic building to photographs in any format. Provides that if the State Historic Preservation Division does not act upon a plan submission within 30 days, the proposal is treated as accepted.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
503 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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:
"§6E-8 Review of effect of
proposed state projects. (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 photographs shall, at a minimum, include all exterior
features of the historic building. The photographs shall be of a quality such
that the exterior features of the building can be discerned and replicated, if
necessary.
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 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, provided that if the department does not consent to or
oppose the proposal within thirty days of submitting the photographs of the
building, the proposal shall be treated as accepted.
The photographs shall, at a minimum, include all exterior features of the historic building. The photographs shall be of a quality such that the exterior features of the building can be discerned and replicated, if necessary.."
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 major alteration
of a [historic] building 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, provided that if the department does not consent
to or oppose the proposal within thirty days of submitting the photographs of
the building, the proposal shall be treated as accepted by the department and
permits allowing the demolition, construction, or other alterations as
requested in the proposal may be granted.
The photographs shall, at a minimum, include all exterior features of the historic building. The photographs shall be of a quality such that the exterior features of the building can be discerned and replicated, if necessary.."
(b) For purposes of this section;
"Major alteration" means renovation or repair that affects more than five per cent of the area of the structure, or at least one floor of a multi-story structure, whichever is less.
"Photographs" means dated pictures, not taken more than one month prior to applying for a 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: |
_____________________________ |
|
|
|
