HAR §13-5-17. Boundary determinations; criteria

(a) Prior to the department receiving for processing any application for a permit, if the applicant's proposed land use lies within fifty feet of a subzone boundary, the applicant shall first notify the department of the intended use and seek a determination of the precise boundary of the subzone with respect to the parcel in Unofficial Copy §13-5-22 5-17 question. Applications shall be accompanied by a fee of $100. (b) The notification shall include all relevant information, including topographical maps, subzone maps, and tax maps. (c) The department shall have thirty days within which to issue its determination, after which the party seeking the permit is free to make application. (d) The applicant can appeal the departmental determination to the board. The board shall resolve any uncertainty regarding the location of the subzone boundary and the board's determination shall be final. (e) In all cases, the determination of subzone boundaries shall utilize the following criteria: (1) The boundary shall follow natural or fixed physical features; (2) The boundary shall be defined by a series of straight lines; (3) Where coterminous with forest reserve boundaries, the boundary shall be determined by metes and bounds descriptions of the forest reserve; (4) Where a subzone boundary follows an elevation, the boundary shall be determined by reference to topographical maps or other evidence that may be used to establish elevation; or (5) Where the subzone boundary follows a property boundary, the boundary shall be defined by the metes and bounds of the property boundary. [Eff 12/12/94; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-3) SUBCHAPTER 3 IDENTIFIED LAND USES AND REQUIRED PERMITS §13-5-22 Identified land uses in the protective subzone. (a) If a proposed use in the protective subzone is not presented below, an applicant may request a temporary variance, petition the land use Unofficial Copy §13-5-22 5-18 commission for a land use district boundary change, or initiate an administrative rule amendment to have the proposed use added to the identified land uses. (b) Identified land uses in the protective subzone and their required permits (if applicable), are listed below: (1) Identified land uses beginning with letter (A) require no permit from the department or board; (2) Identified land uses beginning with letter (B) require a site plan approval by the department; (3) Identified land uses beginning with letter (C) require a departmental permit; and (4) Identified land uses beginning with letter (D) require a board permit, and where indicated, a management plan. P-1 DATA COLLECTION (A-1) Basic data collection, research, education, and resource evaluation that is temporary (less than thirty days) and results in negligible ground disturbance (small gages or monitoring devices) and does not involve a land use (e.g., botanical, archaeological, faunal surveys). (B-1) Basic data collection, research, education, and resource evaluation that results in a minor disturbance to natural resources or land (e.g., corings, excavations, etc.). (C-1) Basic data collection, research, education, and resource evaluation that involves a land use causing ground disturbance from installation of equipment (e.g., meteorological towers, radio towers, or test wells). (D-1) Data collection, research, education, and resource evaluation that involves permanent facilities or structures larger than 500 square feet or a land use causing significant Unofficial Copy §13-5-22 5-19 ground disturbance or impact to a natural resource. P-2 FISHPONDS (D-1) Fishpond reconstruction or construction of a new fishpond. A management plan approved simultaneously with the permit, is also required. P-3 KULEANA LAND USES (D-1) Agriculture and a single family residence, if applicable, when such land use was historically, customarily, and actually found on the property. Agriculture means the planting, cultivating, and harvesting of horticultural crops, floricultural crops, or forest products, and subsistence livestock. P-4 REMOVAL OF INVASIVE SPECIES (A-1) Removal of invasive species including chemical and mechanical control methods, not to exceed one acre, in accordance with state and federal laws and regulations, for the purpose of protecting, preserving, or enhancing native species, native habitat, or native ecosystem functions that results in no, or only minor ground disturbance. The department or board reserves the right to require site plan approval, departmental or board approval if it is determined that the proposed action may cause significant negative secondary impacts on natural or cultural resources, or the surrounding community. Any replanting shall be appropriate to the site location and shall give preference to plant materials that are endemic or indigenous to the State. For existing developed lots, compliance with Unofficial Copy §13-5-22 5-20 section 13-5-23(L-2) satisfies the requirements of this section. (B-1) Removal of invasive species including chemical and mechanical control methods, in an area greater than one acre, in accordance with state and federal laws and regulations, for the purpose of protecting, preserving, or enhancing native species, native habitat, or native ecosystem functions that results in no, or only minor ground disturbance. The department or board reserves the right to require departmental or board approval if it is determined that the proposed action may cause significant negative secondary impacts on natural and cultural resources, or the surrounding community. Any replanting shall be appropriate to the site location and shall give preference to plant materials that are endemic or indigenous to the State. For existing developed lots, compliance with section 13-5-23(L-2) satisfies the requirements of this section. P-5 MOORINGS AND AIDS TO NAVIGATION (C-1) Moorings and aids to navigation. This requirement is satisfied by obtaining a permit pursuant to chapter 200, HRS. P-6 PUBLIC PURPOSE USES (B-1) Installation of emergency warning devices (e.g., tsunami warning sirens) and lifeguard towers. (D-1) Not for profit land uses undertaken in support of a public service by an agency of the county, state, or federal government, or by an independent non-governmental entity, except that an independent non-governmental regulated public utility may be considered to be engaged in a public purpose use. Examples of public purpose uses may include but are Unofficial Copy §13-5-22 5-21 not limited to public roads, marinas, harbors, airports, trails, water systems and other utilities, energy generation from renewable sources, communication systems, flood or erosion control projects, recreational facilities, community centers, and other public purpose uses, intended to benefit the public in accordance with public policy and the purpose of the conservation district. P-7 SIGNS (B-1) Signs, including safety signs, danger signs, no trespassing signs, and other informational signs. No signs shall exceed twelve square feet in area and shall be non-illuminated. All signs shall be erected to be self- supporting and be less than or equal to eight feet above finished grade. P-8 STRUCTURES AND LAND USES, EXISTING (A-1) Minor repair, maintenance, and operation to an existing structure, facility, use, land, and equipment, whether it is nonconforming or permitted, that involves mostly cosmetic work or like-to-like replacement of component parts, and that results in negligible change to or impact to land, or a natural and cultural resource. Any repair, strengthening, reinforcement, and maintenance of a fishpond shall be in accordance with section 183-44 and 183B-2, HRS. (B-1) Demolition, removal, or minor alteration of existing structures, facilities, land, and equipment. Any historic property shall be evaluated by the department for historical significance. (B-2) Replacement or reconstruction of existing structures and facilities under a previously approved conservation district use permit Unofficial Copy §13-5-22 5-22 where the new structure will be located approximately on the same site and will have substantially the same purpose, capacity, density, height, and dimensions as the structure replaced. Reconstruction or replacement of structures and facilities shall be subject to development standards set forth in this chapter, and other requirements as applicable, including but not limited to a county building permit, shoreline setback, and shoreline certification. No enlargement of the structures and facilities is permitted under this section. The provisions of this section will not be applicable upon failure to file an application to replace or reconstruct structures and facilities within two years of the demolition or destruction of structures and facilities. (B-3) Replacement or reconstruction of an existing nonconforming single family residence, where the new single family residence will be located approximately on the same site and will have substantially the same purpose, capacity, density, height, and dimensions as the single family residence replaced. Reconstruction or replacement of any single family residence shall be subject to development standards set forth in this chapter, and other requirements as applicable, including but not limited to a county building permit, shoreline setback, and shoreline certification. No enlargement of the single family residence is permitted under this section. The provisions of this section will not be applicable upon failure to file an application to replace or reconstruct a single family residence within two years of the demolition or destruction of the single family residence. (C-1) Moderate alteration of existing structures, facilities, uses, and equipment. Unofficial Copy §13-5-22 5-23 (D-1) Major alteration of existing structures, facilities, uses, and equipment, or topographical features which are different from the original use or different from what was allowed under the original permit. When county permit(s) are required for the associated plan(s), the department’s approval shall also be required. Note: For nonconforming uses, see section 13-5-7. P-9 STRUCTURES, ACCESSORY (B-1) Construction or placement of structures accessory to existing facilities or uses. P-10 SUBDIVISION OR CONSOLIDATION OF PROPERTY (C-1) Consolidation and resubdivision into an equal number of lots that does not result in increased density. (C-2) Consolidation of property into a lesser number of legal lots of record currently existing and approved, which furthers the objectives of the subzone. (D-1) Subdivision of property into two or more legal lots of record that serves a public purpose and is consistent with the objectives of the subzone. P-11 TREE REMOVAL (A-1) Removal of dead or diseased trees for non- commercial purposes. (A-2) Removal of trees that pose a hazard to public safety; provided, however, that the landowner shall be required to provide documentation for the need to remove the trees. (B-1) Selective removal of individual trees (except that a permit is not required for tree removal allowed under P-4 (A-1) and P-11 (A- Unofficial Copy §13-5-22 5-24 1), (A-2)) for non-commercial purposes provided that each tree is replaced on a one- to-one-basis with trees that are appropriate to the site location with preference to trees that are endemic or indigenous to Hawaii. P-12 POWER GENERATION FROM RENEWABLE RESOURCES (D-1) Hydroelectric, wind generation, ocean thermal energy conversion, wave, solar, geothermal, biomass, and other renewable power generation facilities from natural resources; includes generation, conversion, and transmission facilities and access roads. Renewable energy projects shall minimize impacts to natural, cultural, and recreational resources, and shall be expedited in the application review and decision-making process. A management plan approved simultaneously with the permit, is also required. P-13 LAND AND RESOURCE MANAGEMENT (A-1) Basic land management, including routine weed control, clearing of understory, and tree pruning, utilizing chemical and mechanical control methods, which involves no grubbing or grading, in accordance with state and federal laws and regulations, in an area less than one acre. (A-2) Planting of native and endemic plants and fence maintenance. New fence ex-closures for small native plants or wildlife communities, in an area less than one acre. The department or board reserves the right to require a site plan approval or a departmental permit or a board permit if it is determined that the proposed action may cause secondary impacts on natural or cultural resources. (A-3) Clearing of sand or silt from stream mouths, canals, drainage pipes, or other features for Unofficial Copy §13-5-22 5-25 state or county maintenance, provided that the sand removed shall be placed on adjacent shoreline areas unless the placement would result in significant turbidity, as determined by the department. (B-1) Basic land management, including routine weed control, clearing of understory, and tree pruning, utilizing chemical and mechanical control methods, which involves no grubbing or grading, in accordance with state and federal laws and regulations, in an area greater than one acre. The department or board reserves the right to require departmental or board approval if it is determined that the proposed action may cause significant negative secondary impacts on natural or cultural resources, or the surrounding community. (B-2) Planting of native and endemic plants and fence maintenance. New fence ex-closures for native plants or small native wildlife communities, in an area greater than one acre. The department or board reserves the right to require departmental or board approval if it is determined that the proposed action may cause significant negative secondary impacts on natural or cultural resources. (B-3) Clearing land for fire pre-suppression and prevention, under a fire buffer plan approved by the department. (C-1) Installation of a new fence or shelter. (C-2) Erosion control, including replanting of trees and groundcover, placement of biodegradable or synthetic materials for slope stabilization, construction of minor swales and check dams, not to include shoreline erosion control structures. (D-1) Cabin. (D-2) Road construction and major erosion control projects. (D-3) Water systems. Unofficial Copy §13-5-22 5-26 P-14 TELECOMMUNICATIONS (B-1) Installation of new antenna(s) on an existing telecommunications tower, including support equipment. (C-1) Construction of a new tower at an existing site that is lower than existing towers and does not result in adverse visual impacts, and that is part of a site and system master plan. (D-1) New telecommunications facility. A management plan approved simultaneously with the permit, is also required. P-15 SHORELINE EROSION CONTROL (D-1) Seawall, revetment, groin, or other coastal erosion control structure or device, including sand placement, to control erosion of land or inland area by coastal waters, provided that the applicant shows that (1) the applicant would be deprived of all reasonable use of the land or building without the permit;(2) the use would not adversely affect beach processes or lateral public access along the shoreline, without adequately compensating the State for its loss; or (3) public facilities (e.g., public roads) critical to public health, safety, and welfare would be severely damaged or destroyed without a shoreline erosion control structure, and there are no reasonable alternatives (e.g., relocation). Requires a shoreline certification. P-16 BEACH RESTORATION (C-1) Sand placement not to exceed 10,000 cubic yards per occasion, with minor sand retention structures, extraction of sand from submerged lands, and transportation or transmission of Unofficial Copy §13-5-23 5-27 sand from an offshore extraction site to the replenishment site. (D-1) Sand placement in excess of 10,000 cubic yards including structures necessary to retain sand, extraction of sand from submerged lands, and transportation or transmission of sand from an offshore extraction site to the replenishment site. [Eff 12/12/94; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-4) §13-5-23 Identified land uses in the limited subzone. (a) In addition to the land uses identified in this section, all identified land uses and their associated permit or site plan approval requirements listed for the protective subzone also apply to the limited subzone, unless otherwise noted. (b) If a proposed use is not presented below or in section 13-5-22, an applicant may request a temporary variance, petition the land use commission for a land use district boundary change, or initiate an administrative rule change to have the proposed use added to the identified land uses. (c) Identified land uses in the limited subzone and their required permits (if applicable), are listed below: (1) Identified land uses beginning with letter (A) require no permit from the department or board; (2) Identified land uses beginning with letter (B) require a site plan approval by the department; (3) Identified land uses beginning with letter (C) require a departmental permit; and (4) Identified land uses beginning with letter (D) require a board permit, and where indicated, a management plan. Unofficial Copy §13-5-23 5-28 L-1 AGRICULTURE (C-1) Agriculture, within an area of one acre or less, defined as the planting, cultivating, and harvesting of horticultural crops, floricultural crops, or forest products, or animal husbandry. (D-1) Agriculture, within an area of more than one acre, defined as the planting, cultivating, and harvesting of horticultural crops, floricultural crops, or forest products, or animal husbandry. A management plan approved simultaneously with the permit, is also required. (D-1) Agricultural water systems, including pipelines. L-2 LANDSCAPING (B-1) Landscaping, defined as alteration (including clearing and tree removal) of plant cover, including chemical and mechanical control methods, in accordance with state and federal laws and regulations that results in no, or only minor ground disturbance, in an area less than 2,000 square feet. Any replanting shall be appropriate to the site location and shall give preference to plant materials that are endemic or indigenous to Hawaii. The introduction of invasive plant species is prohibited. (C-1) Landscaping (including clearing, grubbing, and tree removal), including chemical and mechanical control methods, in accordance with state and federal laws and regulations, in an area of less than 10,000 square feet. Any replanting shall be appropriate to the site location and shall give preference to plant materials that are endemic or indigenous to Hawaii. The introduction of invasive plant species is prohibited. Unofficial Copy §13-5-24 5-29 (D-1) Landscaping (including clearing, grubbing, grading, and tree removal), including chemical and mechanical control methods, in accordance with state and federal laws and regulations, in an area of or more than 10,000 square feet. Any replanting shall be appropriate to the site location and shall give preference to plant materials that are endemic or indigenous to Hawaii. The introduction of invasive plant species is prohibited. L-3 SINGLE FAMILY RESIDENCE (D-1) A single family residence in a flood zone or coastal high hazard area defined by the boundaries of the Federal Insurance Rate Maps (FIRM) that conforms to applicable county regulations regarding the National Flood Insurance Program and single family residential standards as outlined in this chapter. L-4 WILDERNESS CAMP (D-1) Establishment providing educational and recreational programs for youth and adult groups, including campsites for overnight accommodations in tents. Facilities may include unimproved access road or trail(s), portable restrooms, and one meeting shelter not to exceed 600 square feet. A management plan, approved simultaneously with the permit, is also required. [Eff 12/12/94; am and comp ] (Auth: HRS §183C- 3) (Imp: HRS §183C-4)] §13-5-24 Identified land uses in the resource subzone. (a) In addition to the land uses identified in this section, all identified land uses and their associated permit or site plan approval requirements Unofficial Copy §13-5-24 5-30 listed for the protective and limited subzones also apply to the resource subzone, unless otherwise noted. (b) If a proposed use is not presented below or in section 13-5-22 or 13-5-23, an applicant may request a temporary variance, petition the land use commission for a land use district boundary change, or initiate an administrative rule change to have the proposed use added to the identified land uses. (c) Identified land uses in the resource subzone and their required permits (if applicable), are listed below: (1) Identified land uses beginning with letter (A) require no permit from the department or board; (2) Identified land uses beginning with letter (B) require a site plan approval by the department; (3) Identified land uses beginning with letter (C) require a departmental permit; and (4) Identified land uses beginning with letter (D) require a board permit, and where indicated, a management plan. R-1 AQUACULTURE (D-1) Aquaculture under a management plan, approved simultaneously with the permit, is also required. R-2 ARTIFICIAL REEFS (D-1) Artificial reefs. R-3 ASTRONOMY FACILITIES (D-1) Astronomy facilities under a management plan approved simultaneously with the permit, is also required. Unofficial Copy §13-5-24 5-31 R-4 COMMERCIAL FORESTRY (D-1) Sustainable commercial forestry under a management plan, approved simultaneously with the permit, is also required. R-5 MARINE CONSTRUCTION (A-1) Maintenance dredging not to exceed the dredging limits for the area as previously authorized and dredged. (D-1) Dredging, filling, or construction on submerged lands, including construction of harbors, piers, marinas, and artificial reefs. R-6 MINING AND EXTRACTION (D-1) Mining and extraction of any material or natural resource under a management plan approved simultaneously with the permit, is also required. R-7 SINGLE FAMILY RESIDENCE (D-1) A single family residence that conforms to design standards as outlined in this chapter. R-8 BOTANICAL GARDENS, PRIVATE PARKS, AND NATURE CENTERS (D-1) For a profit or non-profit establishment featuring plants or other natural resources and offering tours or other nature-based, outdoors educational and recreational activities, primarily during daylight hours. Facilities may include access road, restrooms, shelters, and not more than one structure for housing, administration, and maintenance not to exceed 1,200 square feet, under a management plan approved simultaneously with the permit, is also Unofficial Copy §13-5-24 5-32 required. [Eff 12/12/94: am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-4) §13-5-25 Identified land uses in the general subzone. (a) In addition to the land uses identified in this section, all identified land uses and their associated permit or site plan approval requirements listed for the protective, limited, and resource subzones also apply to the general subzone, unless otherwise noted. (b) If a proposed use is not presented below or in section 13-5-22, 13-5-23, or 13-5-24, an applicant may request a temporary variance, petition the land use commission for a land use district boundary change, or initiate an administrative rule change to have the proposed use added to the identified land uses. (c) Identified land uses in the general subzone and their required permits (if applicable), are listed below: (1) Identified land uses beginning with the letter (A) require no permit from the department or board; (2) Identified land uses beginning with the letter (B) require site plan approval by the department; (3) Identified land uses beginning with the letter (C) require a departmental permit; and (4) Identified land uses beginning with the letter (D) require a board permit and where indicated, a management plan. G-1 OPEN SPACE (D-1) Land uses promoting natural open space and scenic value including those with accessory structures; provided, however, that no new golf courses shall be developed in the conservation district. Unofficial Copy §13-5-30 5-33 G-2 LAND USES NOT OTHERWISE IDENTIFIED (D-1) Land uses not otherwise identified in section 13-5-22, 13-5-23, or 13-5-24, which are consistent with the objectives of the general subzone. [Eff 12/12/94; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-4) SUBCHAPTER 4 PROCEDURES FOR PERMITS, SITE PLAN APPROVALS, AND MANAGEMENT PLANS