[§196D-10] Transfer of functions.

339 words·~2 min read·/hi/196d-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Those functions identified in paragraphs

(1)and

(2)insofar as they relate to the permit application, review, processing, issuance, and monitoring of laws, and rules and to the enforcement of terms, conditions, and stipulations of permits and other authorizations issued by agencies with respect to the development, construction, installation, operation, maintenance, repair, and replacement of the project, or any portion or portions thereof, are transferred to the department. With respect to each of the statutory authorities cited in paragraphs

(1)and (2), the transferred functions include all enforcement functions of the agencies or their officials under the statute cited as may be related to the enforcement of the terms, conditions, and stipulations of permits, including but not limited to the specific sections of the statute cited. "Enforcement", for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include:

(1)Such functions of the land use commission related to: district boundary amendments as set forth in section 205-3.1 et seq.; and changes in zoning as set forth in section 205-5; and

(2)The permit approval and enforcement functions of the director of transportation or other appropriate official or entity in the department of transportation related to permits or approvals issued for the use of or commercial activities in or affecting the ocean waters and shores of the State under chapter 266.

(b)Nothing in this section shall be construed to relieve an applicant from the laws, ordinances, and rules of any agency whose functions are not transferred by this section to the department for the purposes of the project.

(c)This section shall not apply to any permit issued by the public utilities commission under chapter 269.

(d)Notwithstanding any other provision of this chapter, this section shall take effect on July 1, 1989. [L 1988, c 301, pt of §1]

Note

"July 1, 1989" substituted for "a date that is one year after the effective date of this chapter".