What is the legal process for obtaining a special use permit?
In Hawaii, obtaining a special use permit is a multi-step legal process. First, an applicant must determine if their proposed use of the land requires a special use permit. Special use permits are required for activities that fall outside of ordinary land-use practices, such as the occupancy or operation of certain types of structures, as well as farming and conservation activities. Once an applicant has determined that a special use permit is needed, they must submit an application to the state’s Land Use Commission. The application must include proposed land-use plans, documentation of environmental and economic impacts, and a fee. The Commission then reviews the application and conducts a public hearing, during which interested parties can ask questions and raise concerns. The Commission will then make a decision on the application. If they approve the permit, the applicant is given permission to use the land for the proposed purpose. If the permit is denied, the applicant can appeal the decision in court. In sum, obtaining a special use permit in Hawaii requires completing an application, attending a public hearing, and, if necessary, appealing an unfavorable decision. It is important to understand the legal process for obtaining a special use permit before beginning any land-use activity.
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