24.0505 Land use permit.

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(a) A land use permit shall be required for all uses, developments, or activities which impact the coastal zone.

(b) The Office of Development Planning is vested with exclusive authority to designate uses subject to land use permit requirements, and will approve, approve with conditions, or disapprove all land use permit applications according to permit review rules. For purposes hereof, the term “impact the American Samoa coastal zone” is defined as having direct and significant impacts on coastal waters and adjacent lands as defined in section 304 (1) of the federal Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451-1464).

(c) Where there is reasonable cause to believe that a violation of this chapter, or rule adopted pursuant to it, has occurred, officials designated by the Director of Development Planning may issue a stop order to the person responsible for the violation. The stop order must detail the facts alleged to constitute a violation and may include an order that necessary corrective action be taken within a reasonable time. In the event of the failure of the person or persons to comply with the order, the Director of Development Planning may apply to the High Court for an injunction.

History: 1990, PL 21-35.

Case Notes:

A preliminary injunction is unwarranted when an environmental organization fails to plead specific harm to itself or its members and when it did not seek a stop order from the Territorial Development Planning Office. A.S.C.A. §§ 4.1040, 24.0505(c). Le Vaomatua v. American Samoa Government, 23 A.S.R.2d 11 (1992).