HAR §13-5-22. 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. 5-22 §13-5-22 (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- 5-23 §13-5-22 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 5-24 §13-5-22 (B-1) 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. 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. 5-25 §13-5-22 # 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 5-26 §13-5-23 (D-1) sand from an offshore extraction site to the replenishment site. 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 DEC - 5 2011] (Auth: HRS §183C-3) (Imp: HRS §183C-4)