HAR §13-5-21. Routine actions

(a) The following actions do not require a permit from the department or the board: (1) Routine maintenance of a property or facility which does not increase its size or use, including but not limited to lawn mowing, tree trimming, weed control, clearing of understory that does not involve grubbing or grading, removal of encroaching shoreline vegetation, fence maintenance, the removal of §13-5-21 5-23 trash and debris, and painting of an existing structure. (2) Removal of dead or diseased trees or 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. (3) Basic data collection, research, education, and resource evaluation that is temporary and results in negligible ground disturbance. (4) Rooftop solar or photovoltaic systems. (5) Activities that do not constitute a land use as defined in this chapter. (b) Consultation with the department is recommended for the following actions to determine permitting requirements prior to performing the action. These following actions may require a permit or approval from the department or board based on the scope of the proposed use. (1) Native habitat restoration in an area less than one acre. Native habitat restoration includes, but is not limited to: (A) The removal of invasive species, including chemical and mechanical control methods, on submerged lands or uplands, in accordance with state and federal laws and regulations that results in no, or only minor ground disturbance; (B) Planting of native and endemic plants; and (C) New fence ex-closures for native plants or native wildlife communities. (2) Native coral transplanting or out planting, which can include minor structures for attaching corals (e.g. pins or plates) done in conjunction with either a (a) State of Hawaii Division of Aquatic Resources, (b) United States National Marine Fisheries Service, or (c) National Oceanic and §13-5-22 5-24 Atmospheric Administration restoration plan or reef management plan. (3) Minor repair of an existing structure, facility, use, land, and equipment, whether it is nonconforming or permitted, which does not increase its size or intensity of use and 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 shoreline erosion control structure shall be done in accordance with 13-5-22 (P-15) Shoreline Hardening. Any repair, strengthening, reinforcement, and maintenance of a fishpond shall be in accordance with sections 183-44 and 183B-2, HRS. (4) Clearing of sand from stream mouths, canals, small boat harbors, or other features for 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. (5) Maintenance dredging not to exceed the dredging limits for an area as previously authorized by the department. (6) Removal of derelict structures.[Eff and comp ] §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 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: §13-5-22 5-25 [(1) Identified land uses beginning with letter (A) require no permit from the department or board;] [(2)](1) Identified land uses [beginning with letter (B)] noted as SPA require a site plan approval by the department; [(3)](2) Identified land uses [beginning with letter (C)] noted as DEP require a departmental permit; and [(4)](3) Identified land uses [beginning with letter (D)] noted as BRD require a board permit, and where indicated, a management plan[.] or coastal hazard mitigation disclosure statement. 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)] SPA-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)] DEP-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)] BRD-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 ground disturbance or impact to a natural resource. §13-5-23 5-26 P-2 [FISHPONDS] LOKO IA SPA-1 Repair, restoration, maintenance, and operation of traditional fishpond systems that conform to the "Hoala loko ia" program approved by the Board, as contained in Exhibit 7 entitled "Hoala loko ia program Standards: October 14, 2022." The application fee for this land use shall be waived. [(D-1)] BRD-1 [Fishpond reconstruction or construction] Construction of a new fishpond or new taro cultivation system. A management plan [, approved simultaneously with the permit,] is also required. P-3 KULEANA LAND USES [(D-1)] BRD-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. Single family residences are subject to development standards set forth in this chapter, and other requirements as applicable, including but not limited to a county building permit, floodplain management regulation, management plan, and coastal hazard mitigation disclosure statement (if within the Sea Level Rise Exposure Area or a coastal high hazard area). [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 §13-5-22 5-27 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 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)] DEP-1 Moorings and aids to navigation. This requirement is satisfied by obtaining a permit pursuant to chapter 200, HRS. §13-5-23 5-28 P-6 PUBLIC PURPOSE USES [(B-1)] SPA-1 Installation of emergency warning devices (e.g., tsunami warning sirens) and lifeguard towers. [(D-1)] BRD-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 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. Compliance with county floodplain management regulations is required, if applicable. A management plan, coastal hazard mitigation disclosure statement, or both, is also required, if applicable. P-7 SIGNS [(B-1)] SPA-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 §13-5-22 5-29 [(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)] SPA-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)] SPA-2 Replacement or reconstruction of existing structures and facilities, not to include nonconforming structures or shoreline erosion control structures and devices, under a previously approved conservation district use permit 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, floodplain management regulation, shoreline setback, coastal hazard mitigation disclosure statement (if within the Sea Level Rise Exposure Area or a coastal high hazard area), and shoreline certification. Adjustments to the location of the structure may also be allowed to reduce risks from erosion and flooding. 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 §13-5-23 5-30 application to replace or reconstruct structures and facilities within two years of the demolition or destruction of structures and facilities. [(B-3)] SPA-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, floodplain management regulation, shoreline setback, and shoreline certification[.], and coastal hazard mitigation disclosure statement (if within the Sea Level Rise Exposure Area or a coastal high hazard area). 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)] DEP-1 Moderate alteration of existing structures, facilities, uses, and equipment[.], not to include nonconforming structures or shoreline erosion control structures and devices. [(D-1)] BRD-1 Major alteration of existing structures, facilities, uses, and equipment, or topographical features, not to include nonconforming structures or shoreline erosion control structures and devices, which are different from the original use or different from what was allowed under the original permit. Major alterations shall be subject to §13-5-22 5-31 development standards set forth in this chapter, and other requirements as applicable, including but not limited to a county building permit, floodplain management regulation, management plan, or coastal hazard mitigation disclosure statement (if within the Sea Level Rise Exposure Area or a coastal high hazard area). When county permits are required for the associated plan[(s)], the department’s approval shall also be required. Note: For nonconforming uses, see section 13-5-7. For shoreline erosion control structures and devices see section 13-5-22 (P-15). P-9 STRUCTURES, ACCESSORY [(B-1)] SPA-1 Construction or placement of structures accessory to existing facilities or uses. P-10 SUBDIVISION OR CONSOLIDATION OF PROPERTY [(C-1)] DEP-1 Consolidation and re-subdivision into an equal number of lots that does not result in increased density. [(C-2)] DEP-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)] BRD-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 §13-5-23 5-32 shall be required to provide documentation for the need to remove the trees.] [(B-1)] SPA-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-1), (A-2)] for those that have been reviewed pursuant to 13-5-21) for non- commercial purposes provided that each tree is replaced on a one-to-one-basis, when appropriate, 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] RENEWABLE ENERGY PROJECTS SPA-1 Small scale renewable energy projects of less than 5 kW, excluding rooftop solar or photovoltaic systems under section 13-5- 21(a)(4), that are accessory to existing facilities or uses. DEP-1 Renewable energy projects of less than 50 kW, excluding rooftop solar or photovoltaic systems under section 13-5-21(a)(4), that are accessory to existing facilities or uses; including generation, conversion, and transmission facilities, and short access roads of less than one half of a mile. Renewable energy projects shall minimize impacts to natural, cultural, and recreational resources, and shall be expedited in the application review and decision-making process. [(D-1)] BRD-1 [Hydroelectric, wind generation, ocean thermal energy conversion, wave, solar, geothermal, biomass, and other renewable power generation facilities from natural resources;] Renewable energy projects of more than 50kW, excluding rooftop solar or photovoltaic systems under section 13-5- 21(a)(4); includes generation, conversion, and transmission facilities and access roads. §13-5-22 5-33 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, coastal hazard mitigation site plan, or both, [approved] reviewed simultaneously with the permit, is also required. BRD-2 Sea water air conditioning systems. 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 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)] SPA-1 Basic land management, including routine weed control [,] and 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 §13-5-23 5-34 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.] SPA-2 Native habitat restoration in an area greater than one acre developed in consultation with the division of forestry and wildlife. Land uses include, but are not limited to: (a) The removal of invasive species, including chemical and mechanical control methods, in accordance with state and federal laws and regulations that results in no, or only minor ground disturbance; (b) Planting of native and endemic plants; and (c) New fence ex-closures for native plants or native wildlife communities SPA-3 Installation of a shed for property maintenance purposes. SPA-4 Installation of an entry gate or perimeter security fencing to demarcate a property’s entrance or boundaries. Entry gates and fencing do not include rock walls. SPA-5 Site preparation and staging areas. §13-5-22 5-35 SPA-6 In situ cultivation and transplantation of native coral species for conservation purposes to improve biodiversity, increase coral cover, or to mitigate reef damage (e.g. vessel grounding). Use may include, but is not limited to, nursery structures, coral planting, and coral restoration actions related to improving the resource. [(C-1)] DEP-1 Installation of a [new fence or] shelter for property maintenance purposes. [(C-2)] DEP-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] hardening structures. [(D-1)] BRD-1 Cabin. [(D-2)] BRD-2 Road construction [and major erosion control projects]. [(D-3)] BRD-3 Water systems. P-14 [TELECOMMUNICATIONS] COMMUNICATIONS SYSTEMS [(B-1)] SPA-1 Installation of new antenna[(s)] on an existing telecommunications tower, including support equipment[.], provided that any appurtenance does not increase the height of the structure by ten percent or ten feet, whichever is greater, does not add any appurtenance that extends more than twenty feet outward, does not involve trenching or excavating beyond the current site, and does not compromise the concealment elements of the existing structure. [(C-1)] DEP-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. §13-5-23 5-36 [(D-1)] BRD-1 New telecommunications facility. [A management plan approved simultaneously with the permit, is also required.] BRD-2 Substantial change to an existing telecommunications facility, including construction of new towers higher than existing towers at the site; or projects that (a) increase the height of a tower by more than ten percent or by more than ten feet, whichever is greater; (b) add an appurtenance that extends from the edge of the tower more than twenty feet; (c) involve trenching or grading outside the current site; or (d) would defeat the concealment elements of the existing support structure. P-15 SHORELINE [EROSION CONTROL] HARDENING SPA-1 Like to like repair of a lawfully existing shoreline hardening structure or device, provided that the applicant shows that the repair will not adversely affect beach processes or lateral public access along the shoreline, excluding temporary impacts during repairs, the repair does not increase the size of the original structure, and the repair does not exceed fifty percent of the total replacement cost. When requested by the department, the applicant shall make this showing by providing a professionally licensed construction estimate along with the size and dimensions of the original structure such as approved plans, engineering or architectural drawings, surveys, and legible pictures. Work shall be conducted by a professionally licensed contractor. [(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 §13-5-22 5-37 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.] BRD-1 Temporary shoreline hardening structures in which the imminently dangerous situation has extended beyond the time period of an "emergency" and is now classified as an " On- going hazardous condition ". Applicants must demonstrate a concerted effort to develop and implement a long-term solution which will enable them to remove the temporary erosion control measures. For the purposes of this section, "concerted effort" shall mean a bona fide planning effort involving the employment of professional planners, engineers, or consultants to develop and implement a long- term solution whether it involves relocation or abandonment, beach restoration, or some other form of shoreline management. A surety bond or other legal or financial assurance may be required to guarantee removal of temporary land uses at the expiration of the permitted time period. BRD-2 Private shoreline hardening structures, including seawalls and revetments, at sites that do not have sand beaches where shoreline hardening structures would not interfere with existing recreational and waterline activities, and where there are no reasonable alternatives (e.g., relocation of the structure). A shoreline certification is required. An applicant for a shoreline hardening structure shall complete a coastal §13-5-23 5-38 hazard mitigation disclosure statement which shall be reviewed simultaneously with the permit. BRD-3 Public shoreline hardening structures at sites where public facilities (e.g., public roads, and other public facilities) critical to public health and or safety will be severely damaged or destroyed without shoreline hardening, and there are no reasonable alternatives (e.g., relocation of the facility). A shoreline certification is required. An applicant for a shoreline hardening structure shall complete a coastal hazard mitigation disclosure statement which shall be reviewed simultaneously with the permit. P-16 BEACH RESTORATION / SAND MANAGEMENT SPA-1 Sand management activities (e.g., sand pushing, sand backpassing) that conform to the guidelines set forth in the small-scale beach restoration program as approved by the board as contained in Exhibit 8. SPA-2 Beach restoration projects, including sand recovery, not to exceed one thousand cubic yards that conform to the guidelines set forth in the small-scale beach restoration program as approved by the board as contained in Exhibit 8. DEP-1 Beach restoration projects without stabilizing structures, including sand recovery, not to exceed ten thousand cubic yards per occasion that conform to the guidelines set forth in the small-scale beach restoration program as approved by the board as contained in Exhibit 8. DEP-2 Beach restoration projects, including sand recovery, not to exceed twenty thousand cubic yards that conform to the guidelines set forth in the small-scale beach restoration §13-5-22 5-39 program approved by the board as contained in Exhibit 8. [(C-1)] [Sand placement not to exceed 10,000 cubic yards per occasion, with minor sand retention structure es, extraction of sand from submerged lands, and transportation or transmission of 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.] BRD-1 Beach restoration projects, including sand recovery, that do not conform to the guidelines and requirements of the small- scale beach restoration program approved by the board. P-17 ROCKFALL MITIGATION SPA-1 Rockfall mitigation for the protection of public health or safety (e.g., public roads, residential structures, and public facilities) in accordance with state, federal, and county laws and regulations regarding rockfall mitigation methods, including, but not limited to: rock aprons, rock scaling, netting, wire mesh, shotcrete, impact fencing, and cable lashing. The department reserves the right to require departmental or board approval if the department determines that the proposed action may cause significant negative secondary impacts on natural or cultural resources. [Eff 12/12/94; am and comp 12/02/11; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-4) §13-5-23 5-40 §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)](1) Identified land uses [beginning with letter (B)] noted as SPA require a site plan approval by the department; [(3)](2) Identified land uses [beginning with letter (C)] noted as DEP require a departmental permit; and [(4)](3) Identified land uses [beginning with letter (D)] noted as BRD require a board permit, and where indicated, a management plan or coastal hazard mitigation disclosure statement. L-1 AGRICULTURE SPA-1 Non-commercial agriculture, where all crops, animals, or animal products, are used to feed a single family, within an area no greater than five thousand square feet. [(C-1)] DEP-1 [Agriculture]Commercial 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. §13-5-23 5-41 [(D-1)] BRD-1 [Agriculture]Commercial 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-2) Agricultural water systems, including pipelines.] L-2 LANDSCAPING [(B-1)] SPA-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] two thousand square feet. Tree removal not to exceed more than fifteen trees whose trunk size is greater than six inches in diameter. The department reserves the right to require that trees be relocated or replaced as appropriate. Any [replanting] planting 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. A landscape plan is also required. [(C-1)] DEP-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 [10,000] ten thousand square feet. Tree removal not to exceed more than fifty trees whose trunk size is greater than six inches in diameter. The §13-5-23 5-42 department reserves the right to require that trees be relocated or replaced as appropriate. Any [replanting] planting 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. A landscape plan is also required. DEP-2 Rock walls, not to be used for erosion control purposes. [(D-1)] BRD-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 greater than [10,000] ten thousand square feet. Tree removal of more than fifty trees whose size is greater than six inches in diameter. The department reserves the right to require that trees be relocated or replaced as appropriate. Any [replanting] planting 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. A landscape plan is also required. [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 §13-5-23 5-43 residential standards as outlined in this chapter.] [L-4]L-3 WILDERNESS CAMP [(D-1)] BRD-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] six hundred square feet. A management plan [approved] and coastal hazard mitigation disclosure statement (if located in the Sea Level Rise Exposure Area, or coastal high hazard area), shall be reviewed simultaneously with the permit[, is also required]. [Eff 12/12/94; am and comp 12/05/11; 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 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 [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;] §13-5-25 5-44 [(2)](1) Identified land uses [beginning with letter (B)] noted as SPA require a site plan approval by the department; [(3)](2) Identified land uses [beginning with letter (C)] noted as DEP require a departmental permit; and [(4)](3) Identified land uses [beginning with letter (D)] noted as BRD require a board permit, and where indicated, a management plan or coastal hazard mitigation disclosure statement. R-1 AQUACULTURE [(D-1)] BRD-1 Aquaculture. [under a] A management plan, which shall be [approved] reviewed simultaneously with the permit, is also required. R-2 ARTIFICIAL REEFS [(D-1)] BRD-1 Artificial reefs. R-3 ASTRONOMY FACILITIES [(D-1)] BRD-1 Astronomy facilities. [under a] A management plan, which shall be reviewed [approved] simultaneously with the permit, is also required. R-4 COMMERCIAL FORESTRY [(D-1)] BRD-1 Sustainable commercial forestry. [under a] A management plan, which shall be [approved] reviewed 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.] §13-5-24 5-45 [(D-1)] BRD-1 Dredging, excluding sand recovery for beach restoration projects, filling, or construction on submerged lands, including construction of harbors, piers, and marinas, [and artificial reefs] not to include shoreline hardening structures. R-6 MINING AND EXTRACTION [(D-1)] BRD-1 Mining and extraction of any material or natural resource[under a] other than sand recovery for beach restoration projects, or of geothermal resources, the exploration and development of which will be processed as a renewable energy project under section 13-3- 22 (P-12). A management plan [approved], which shall be reviewed simultaneously with the permit, is also required. R-7 SINGLE FAMILY RESIDENCE [(D-1)] BRD-1 A single family residence that conforms to design standards as outlined in this chapter. A coastal hazard mitigation disclosure statement reviewed simultaneously with the application is required if the property is in the Sea Level Rise Exposure Area or coastal high hazard area. R-8 BOTANICAL GARDENS, PRIVATE PARKS, AND NATURE CENTERS [(D-1)] BRD-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]one thousand two hundred square feet[, under a management §13-5-25 5-46 plan approved simultaneously with the permit]. A management plan and coastal hazard mitigation disclosure statement (if located in the Sea Level Rise Exposure Area or coastal high hazard areas), which shall be reviewed simultaneously with the permit, [is] are also required. [Eff 12/12/94: am and comp 12/05/11; 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)] (b) Identified land uses in the general 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)](1) Identified land uses [beginning with letter (B)] noted as SPA require a site plan approval by the department; [(3)](2) Identified land uses [beginning with letter (C)] noted as DEP require a departmental permit; and [(4)](3) Identified land uses [beginning with letter (D)] noted as BRD require a board permit, and where indicated, a management plan[.] or coastal hazard mitigation disclosure statement. G-1 OPEN SPACE §13-5-26 5-47 [(D-1)] BRD-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. G-2 LAND USES NOT OTHERWISE IDENTIFIED [(D-1)] BRD-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 12/05/11; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-4) §13-5-26 Identified land uses in the special subzone. (a) Previously authorized land uses on a master plan or environmental document on file with the department require the approval of construction plans. (b) Land uses not previously identified but which are consistent with the special subzone designation listed in Exhibit 3 entitled "Special Subzones: June 28, 2019" require site plan approval from the department. (c) All other proposed land uses shall be reviewed by the department to determine if such land uses are potentially allowed or prohibited and whether a site plan approval, departmental permit, or a board permit would be required. [Eff and comp ] (Auth: HRS §183C- 3) (Imp: HRS §183C-4) SUBCHAPTER 4 PROCEDURES FOR PERMITS, SITE PLAN APPROVALS, AND MANAGEMENT PLANS