Hawaii revises historic property review process for new projects

February 06, 2025 | Introduced, House, 2025 Bills, Hawaii Legislation Bills, Hawaii


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Hawaii revises historic property review process for new projects
The Hawaii House of Representatives introduced Bill HB738 on February 6, 2025, aimed at streamlining the review process for projects that may impact historic properties, aviation artifacts, or burial sites. The bill seeks to amend Section 6E-8 of the Hawaii Revised Statutes, focusing on the procedures that state agencies must follow before commencing such projects.

One of the key provisions of HB738 is the establishment of a written concurrence process, which allows projects with this concurrence to be exempt from further review unless significant changes occur. This change is intended to expedite project timelines while ensuring that necessary reviews are still conducted. The bill stipulates that if the Department of Land and Natural Resources (DLNR) does not provide a written response—either concurrence or non-concurrence—within a specified timeframe, the lead agency may assume concurrence and proceed with the project.

The bill also introduces a phased review process for larger projects or those with restricted access, requiring a programmatic agreement between the department and the project applicant. This agreement must outline the project scope, area, construction phases, and mitigation measures.

Debate surrounding HB738 has highlighted concerns from preservation advocates who fear that the expedited process may undermine protections for Hawaii's cultural and historical resources. Opponents argue that the bill could lead to insufficient oversight and potential harm to significant sites. Proponents, however, assert that the bill will facilitate economic development and reduce bureaucratic delays, ultimately benefiting the state’s infrastructure and economy.

The implications of HB738 are significant, as it balances the need for development with the preservation of Hawaii's rich cultural heritage. Experts suggest that if passed, the bill could set a precedent for similar legislative efforts in other states, potentially reshaping how historic preservation is approached in the context of modern development.

As discussions continue, stakeholders from various sectors are closely monitoring the bill's progress, anticipating potential amendments and the outcomes of ongoing debates. The next steps will involve further committee reviews and public hearings, where the voices of both proponents and opponents will be crucial in shaping the final version of the legislation.

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