§343-3 Public records and notice. (a)
All statements, environmental assessments, and other documents prepared under
this chapter shall be made available for inspection by the public during
established office hours.
(b) The office shall inform the public of
notices filed by agencies of the availability of environmental assessments for
review and comments, of determinations that statements are required or not
required, of the availability of statements for review and comments, and of the
acceptance or nonacceptance of statements.
(c) The office shall inform the public of:
(1) A public comment process or public hearing if a
federal agency provides for the public comment process or public hearing to
process a habitat conservation plan, safe harbor agreement, or incidental take
license pursuant to the federal Endangered Species Act;
(2) A proposed habitat conservation plan or proposed
safe harbor agreement, and availability for inspection of the proposed
agreement, plan, and application to enter into a planning process for the
preparation and implementation of the habitat conservation plan for public
review and comment;
(3) A proposed incidental take license as part of a
habitat conservation plan or safe harbor agreement; and
(4) An application for the registration of land by
accretion pursuant to section 501-33 or 669-1(e) for any land accreted along
the ocean.
(d) The office shall inform the public by the
publication of a periodic bulletin to be available to persons requesting this
information. The bulletin shall be available through the office and public
libraries. [L 1974, c 246, pt of §1; ren L 1979, c 197, §1(3); am L 1983, c
140, §6; am L 1992, c 241, §1; am L 1997, c 380, §8; am L 1998, c 237, §7; am L
2003, c 73, §3]
Case Notes
Where there was no evidence that the city department of
planning and permitting filed a notice with the office of environmental quality
control pursuant to HAR §11-200-11.1 of its determination that a supplemental
environmental impact statement was not required, there was no date from which
to measure the thirty day limitation prescribed by §343-7(b) and §343-7(b) was
thus inapplicable; in addition, given the plain and unambiguous language of
§343-7 and this section, coupled with the related administrative rules, actual
knowledge cannot be substituted for the public notice requirement. 123 H. 150,
231 P.3d 423 (2010).
Notes of Decisions
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
· cites it 10× “HRS § 343-3. These sections, which provide for public notice and comment as to actions under HEPA’s ambit, further suggest that HEPA accords a procedural right unto members of the public.”
Unite Here! Local 5 v. City & Cnty. of Honolulu, 231 P.3d 423 (Haw. 2010).
· cites it 19× “HRS § 343-3 provides in relevant part: (a) All statements, environmental assessments, and other documents prepared under this chapter shall be made available *446 for inspection by the public during established office hours.”
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009).
· cites it 6× “(b) Any judicial proceeding, the subject of which is the determination that a statement is required for a proposed action, shall be initiated within sixty days after the public has been informed of such determination pursuant to section 343-3. Any judicial proceeding, the…”
Kepo'o v. Kane, 103 P.3d 939 (Haw. 2005).
· cites it 3× “Any judicial proceeding, the subject of which is the determination that a statement is not required for a proposed action, shall be initiated within thirty days after the public has been informed of such determination pursuant to section 343-3 [pertaining to public records and…”
Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002).
· cites it 2× “The office shall inform the public of the availability of the draft environmental assessment for public review and comments pursuant to section 343-3. The agency shall respond in writing to comments received during the review and prepare a final environmental assessment to…”
Maunalua Bay Beach Ohana 28 v. State, 222 P.3d 441 (Haw. App. 2009).
· cites it 2× “Section 343-3, [HRS], is amended by amending subsection (c) to read as follows: "(c) The office [of environmental quality control] shall inform the public of: [[Image here]] (4) An application for the registration of land by accretion pursuant to section 501-33 or 669-1 (e) for…”
Kilakila 'O Haleakala v. Univ. of Hawaii., 382 P.3d 176 (Haw. 2016).
“Under HRS § 343-7(b), “[a]ny judicial proceeding, the subject of which is the determination that a[n] [environmental impact] statement is not required for a proposed action, shall be initiated within thirty days after the public has been informed of such determination pursuant…”
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023).
· cites it 2× “(b) Any judicial proceeding, the subject of which is the determination that a statement is required for a proposed action, shall be initiated within sixty days after the public has been informed of such determination pursuant to section 343-3. Any judicial proceeding, the…”
Puna Pono All. v. State (Haw. App. 2022).
· cites it 3× “3 HRS § 343-3 (2010) (part of HEPA) provides, in relevant part: (b) The office [of planning and sustainable development] shall inform the public of notices filed by agencies of the availability of environmental assessments for review and comments, of determinations that…”
Puna Pono All. v. State (Haw. App. 2022).
· cites it 3× “3 HRS § 343-3 (2010) (part of HEPA) provides, in relevant part: (b) The office [of planning and sustainable development] shall inform the public of notices filed by agencies of the availability of environmental assessments for review and comments, of determinations that…”
— Haw. Rev. Stat. § 343-3(a) — 1 case
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
“HRS § 343-3. These sections, which provide for public notice and comment as to actions under HEPA’s ambit, further suggest that HEPA accords a procedural right unto members of the public.”
— Haw. Rev. Stat. § 343-3(b) — 2 cases
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
“HRS § 343-3. These sections, which provide for public notice and comment as to actions under HEPA’s ambit, further suggest that HEPA accords a procedural right unto members of the public.”
Unite Here! Local 5 v. City & Cnty. of Honolulu, 231 P.3d 423 (Haw. 2010).
“HRS § 343-3 provides in relevant part: (a) All statements, environmental assessments, and other documents prepared under this chapter shall be made available *446 for inspection by the public during established office hours.”
— Haw. Rev. Stat. § 343-3(c) — 1 case
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
“HRS § 343-3. These sections, which provide for public notice and comment as to actions under HEPA’s ambit, further suggest that HEPA accords a procedural right unto members of the public.”
— Haw. Rev. Stat. § 343-3(c)(4) — 1 case
Maunalua Bay Beach Ohana 28 v. State, 222 P.3d 441 (Haw. App. 2009).
“Section 343-3, [HRS], is amended by amending subsection (c) to read as follows: "(c) The office [of environmental quality control] shall inform the public of: [[Image here]] (4) An application for the registration of land by accretion pursuant to section 501-33 or 669-1 (e) for…”
— Haw. Rev. Stat. § 343-3(d) — 1 case
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
“HRS § 343-3. These sections, which provide for public notice and comment as to actions under HEPA’s ambit, further suggest that HEPA accords a procedural right unto members of the public.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.