HAR §13-5-45. Severability

The provisions of these rules are declared to be severable, and if any portion or the application thereof to any person or property is held invalid for any reason, the validity of the remainder of these rules or the application of the remainder to other persons or property shall not be affected." [Eff 12/12/94; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §183C-3) 5-50 # DEPARTMENT OF LAND AND NATURAL RESOURCES The amendments to and compilation of Chapter 13-5, Hawaii Administrative Rules, on the Summary Page dated August 12, 2011 were adopted on August 12, 2011, following public hearings (twelve occasions) held on Kauai, Oahu, Molokai, Maui, Kailua-Kona, Hawaii and Hilo, Hawaii. Notice of the public hearings were published by the Honolulu Star Advertiser; the Garden Island; Maui News Today; the Hawaii Tribune-Herald; and West-Hawaii Today on: July 7, 14, & 21, 2010, December 25, 2010 & January 1 & 8, 2011. The amendments and compilation shall take effect ten days after filing with the Office the Lieutenant Governor. /s/ William J. Aila WILLIAM J. AILA, Jr. Chairperson, Board of Land and Natural Resources APPROVED: /s/ Neil Abercrombie NEIL ABERCROMBIE Governor State of Hawaii Dated: November 23, 2011 November 23, 2011 Filed APPROVED AS TO FORM: /s/ Pamela K. Matsukawa Deputy Attorney General The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. • The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. [Non-Text] [Non-Text] [Non-Text] The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. [Non-Text] [Non-Text] The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. [Non-Text] [Non-Text] [Non-Text] [Non-Text] The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] [Non-Text] The Ground Truth image displays a single, solid horizontal line. According to Rule 2 (UNDERSCORE & LINE RULES), this is a stylistic or background line, not a placeholder underscore. Therefore, the OCR result must ignore it and output nothing or only meaningful text. The provided OCR content is "____", which consists of four underscores. This is an incorrect interpretation of the line as a placeholder, violating the rule that stylistic lines must be ignored. The OCR has hallucinated underscores where none should exist based on the GT's visual context. Hence, the OCR result is inconsistent with the Ground Truth. Chapter 13-5 Exhibit 1 # Exhibit 1 Subzone Designations: August 12, 2011 (1) "H-1, Makalawena," Hawaii, June 4, 1978 (2) "H-2, Keahole Point," Hawaii, August 23, 1985 (3) "H-3, Mahukona," Hawaii, August 23, 1985 (4) "H-4, Keawanui Bay," Hawaii, June 4, 1978 (5) "H-5, Anaehoomalu," Hawaii, June 4, 1978 (6) "H-6, Kiholo," Hawaii, August 23, 1985 (7) "H-7, Kailua," Hawaii, August 12, 2011 (8) "H-8, Kealakekua," Hawaii, June 4, 1978 (9) "H-9, Honaunau," Hawaii, December 14, 2001 (10) "H-10, Kauluoa Point," Hawaii, June 4, 1978 (11) "H-11, Milolii," Hawaii, August 23, 1985 (12) "H-12, Manuka Bay," Hawaii, June 4, 1978 (13) "H-13, Hawi," Hawaii, June 4, 1978 (14) "H-14, Kawaihae," Hawaii, June 4, 1978 (15) "H-15, Puu Hinai," Hawaii, June 4, 1978 (16) "H-16, Puu Anahulu," Hawaii, June 4, 1978 (17) "H-17, Hualalai," Hawaii, June 4, 1978 (18) "H-18, Puu Lehua," Hawaii, June 4, 1978 (19) "H-19, Kaunene," Hawaii, June 4, 1978 (20) "H-20, Puu Pohakuloa," Hawaii, August 12, 2011 (21) "H-21, Papa," Hawaii, August 12, 2011 (22) "H-22, Pohue Bay," Hawaii, August 23, 1985 (23) "H-23, Puu Hou," Hawaii, June 4, 1978 (24) "H-24, Honokane," Hawaii, June 4, 1978 (25) "H-25, Kamuela," Hawaii, June 4, 1978 (26) "H-26, Nohoaohae," Hawaii, June 4, 1978 (27) "H-27, Keamuku," Hawaii, June 4, 1978 (28) "H-28, Naohueleehua," Hawaii, August 23, 1985 (29) "H-29, Puu O Uo," Hawaii, August 23, 1985 (30) "H-30, Sulphur Cone," Hawaii, August 23, 1985 (31) "H-31, Alika Cone," Hawaii, June 4, 1978 (32) "H-32, Puu o Keokeo," Hawaii, June 4, 1978 (33) "H-33, Kahuku Ranch," Hawaii, June 4, 1978 (34) "H-34, Ka Lae," Hawaii, June 4, 1978 (35) "H-35, Kukuihaele," Hawaii, June 4, 1978 1 of 4 Chapter 13-5 Exhibit 1 (36) "H-36, Makahalau," Hawaii, June 4, 1978 (37) "H-37, Ahumoa," Hawaii, June 4, 1978 (38) "H-38, Puu Koli," Hawaii, June 4, 1978 (39) "H-39, Kokoolau," Hawaii, June 4, 1978 (40) "H-40, Mauna Loa," Hawaii, June 4, 1978 (41) "H-41, Keaiwa Reservoir," Hawaii, June 4, 1978 (42) "H-42, Punaluu," Hawaii, August 12, 2011 (43) "H-43, Naalehu," Hawaii, August 12, 2011 (44) "H-44, Honokaa," Hawaii, June 4, 1978 (45) "H-45, Umikoa," Hawaii, June 4, 1978 (46) "H-46, Mauna Kea," Hawaii, June 4, 1978 (47) "H-47, Puu Oo," Hawaii, June 4, 1978 (48) "H-48, Puu Ulaula," Hawaii, June 4, 1978 (49) "H-49, Kipuka Pakekake," Hawaii, June 4, 1978 (50) "H-50, Wood Valley," Hawaii, June 4, 1978 (51) "H-51, Pahala," Hawaii, June 4, 1978 (52) "H-52, Kukaiau," Hawaii, June 4, 1978 (53) "H-53, Keanakolu," Hawaii, June 4, 1978 (54) "H-54, Puu Akala," Hawaii, June 4, 1978 (55) "H-55, Upper Piihonua," Hawaii, June 4, 1978 (56) "H-56, Kulani," Hawaii, June 4, 1978 (57) "H-57, Kilauea Crater," Hawaii, August 23, 1985 (58) "H-58, Kau Desert," Hawaii, June 4, 1978 (59) "H-59, Naliikakani Point," Hawaii, June 4, 1978 (60) "H-60, Papaaloa," Hawaii, October 22, 1993 (61) "H-61, Akaka Falls," Hawaii, November 23, 1987 (62) "H-62, Piihonua," Hawaii, June 4, 1978 (63) "H-63, Puu Makaala," Hawaii, June 4, 1978 (64) "H-64, Volcano," Hawaii, June 4, 1978 (65) "H-65, Makaopuhi Crater," Hawaii, June 4, 1978 (66) "H-66, Papaikou," Hawaii, June 4, 1978 (67) "H-67, Hilo," Hawaii, June 4, 1978 (68) "H-68, Mountain View," Hawaii, June 4, 1978 (69) "H-69, Kalalua," Hawaii, June 4, 1978 (70) "H-70, Kalapana," Hawaii, August 23, 1985 (71) "H-71, Keaau Ranch," Hawaii, June 4, 1978 2 of 4 Chapter 13-5 Exhibit 1 (72) "H-72, Pahoa North," Hawaii, June 4, 1978 (73) "H-73, Pahoa South," Hawaii, June 4, 1978 (74) "H-74, Kapoho," Hawaii, June 4, 1978 (75) "M-1, Honolulu," Maui, June 4, 1978 (76) "M-2, Lahaina," Maui, June 4, 1978 (77) "M-3, Olowalu," Maui, June 4, 1978 (78) "M-4, Kahakuloa," Maui, June 4, 1978 (79) "M-5, Wailuku," Maui, August 12, 2011 (80) "M-6, Maalaea," Maui, June 4, 1978 (81) "M-7, Paia," Maui, June 4, 1978 (82) "M-8, Puu O Kali," Maui, June 4, 1978 (83) "M-9, Makena," Maui, June 4, 1978 (84) "M-10, Haiku," Maui, August 12, 2011 (85) "M-11, Kilohana," Maui, August 23, 1985 (86) "M-12, Lualailua," Maui, June 4, 1978 (87) "M-13, Keanae," Maui, June 4, 1978 (88) "M-14, Nahiku," Maui, June 4, 1978 (89) "M-15, Kaupo," Maui, August 12, 2011 (90) "M-16, Hana," Maui, August 23, 1985 (91) "M-17, Kipahulu," Maui, July 25, 1988 (92) "Mo-1, Ilio Point," Molokai, June 4, 1978 (93) "Mo-2, Molokai Airport," August 23, 1985 (94) "Mo-3, Kaunakakai," Molokai, August 23, 1985 (95) "Mo-4, Kamalo," Molokai, June 4, 1978 (96) "Mo-5, Halawa," Molokai, June 4, 1978 (97) "Lanai," June 4, 1978 (98) "Kahoolawe," June 4, 1978 (99) "0-1, Kaena," Oahu, August 12, 2011 (100) "0-2, Waianae," Oahu, December 13, 2002 (101) "0-3, Waimea," Oahu, January 27, 2011 (102) "0-4, Haleiwa," Oahu, August 23, 1985 (103) "0-5, Schofield Barracks," Oahu, June 4, 1978 (104) "0-6, Ewa," Oahu, June 4, 1978 (105) "0-7, Kahuku," Oahu, June 4, 1978 (106) "0-8, Hauula," Oahu, June 4, 1978 (107) "0-9, Waipahu," Oahu, June 4, 1978 (108) "0-10, Puuloa," Oahu, August 23, 1985 (109) "0-11, Kahana," Oahu, March 24, 1994 (110) "0-12, Kaneohe," Oahu, March 24, 2011 (111) "0-13, Honolulu," Oahu, August 12, 2011 3 of 4 Chapter 13-5 Exhibit 1 (112) "0-14, Mokapu," Oahu, August 23, 1985 (113) "0-15, Koko Head," Oahu, August 12, 2011 (114) "K-1, Makaha Point," Kauai, June 4, 1978 (115) "K-2, Kekaha," Kauai, June 4, 1978 (116) "K-3, Haena," Kauai, August 12, 1992 (117) "K-4, Waimea Canyon," Kauai, June 4, 1978 (118) "K-5, Hanapepe," Kauai, June 4, 1978 (119) "K-6, Hanalei," Kauai, June 4, 1978 (120) "K-7, Waialeale," Kauai, June 4, 1978 (121) "K-8, Koloa," Kauai, August 23, 1985 (122) "K-9, Anahola," Kauai, June 9, 2006 (123) "K-10, Kapaa," Kauai, June 9, 2006 (124) "K-11, Lihue," Kauai, August 23, 1985 4 of 4 Chapter 13-5 Exhibit 2 Exhibit 2 Special Subzones: September 6, 1994 (1) Hawaii Loa college special subzone. Subzone designation for educational purposes as delineated on map entitled "0-12, Kaneohe," Oahu; (2) Haka site special subzone. Subzone designation for cemetery purposes as delineated on map entitled "0-12, Kaneohe," Oahu; (3) Kapakahi Ridge special subzone. Subzone designation for nursing or convalescent home purposes as delineated on map entitled "0-13, Honolulu," Oahu; (4) Sea Life park special subzone. Subzone designation for recreational, educational, commercial purposes as delineated on map entitled "0-15, Koko Head," Oahu; (5) Milolii-Hoopuloa special subzone. Subzone designation for Milolii-Hoopuloa fishing village purposes including fishing activities, residential, educational, cultural and recreational uses pursuant to Act 86, SLH 1991, as delineated on map entitled "H-11, Milolii," Hawaii; (6) Hale O Ho'oponopono special subzone. Subzone designation for educational purposes as delineated on map entitled "H-9, Honaunau," Hawaii; (7) Limahuli Valley special subzone. Subzone designation for educational, recreational, and research purposes as delineated on map entitled "K-3, Haena," Kauai. 1 of 1 Chapter 13-5 Exhibit 3 Exhibit 3 Management Plan Requirements: August 12, 2011 1 General description of the proposed use (e.g., forestry, fishpond, astronomy, aquaculture, agriculture). 2 Project location (e.g., island map, location map, site plan (drawn to scale)). 3 Natural resource assessment including descriptive information about the natural resources in the project vicinity such as biological, archaeological, cultural, geological, coastal, recreational, and scenic resources, where applicable. The presence of any threatened or endangered species shall be disclosed. 4 Natural hazard assessment including descriptive information of erosion, flooding, slope, tsunami, and volcanic hazards, where applicable. 5 A description of best management practices used during project construction and implementation (e.g., mitigation measures). 6 A description of the best management practices to be used during the lifetime of the project (e.g., mitigation measures). 7 A description of the conservation methods and applications to be used in the short term and long term (e.g., mitigation measures). 8 Description of existing uses and facilities, if any. 9 Description of proposed facilities and uses, including phases, if applicable. 10 Activity schedule Project schedule including description of project sequencing from project construction to project completion and on-going maintenance plans, 1 of 2 Chapter 13-5 Exhibit 3 including a description and timing of natural resource monitoring and maintenance plans. A description of the annual reporting requirements. 11 Any other information or data, as required by the department. 2 of 2 Chapter 13-5 Exhibit 4 Exhibit 4 Single Family Residential Standards: August 12, 2011 Minimum Setback: For lots under one acre: Front: 15 feet Sides: 15 feet Back: 15 feet For lots over one acre: Front: 25 feet Sides: 25 feet Back: 25 feet Allowable building area extensions 36 inches in 15- foot setback 42 inches in 25- foot setback (e.g., eaves and cantilevered decks). Exceptions: Site characteristics and lot shape may be a factor in adjusting minimum setbacks when so determined by the board. Shoreline Setback: The shoreline setback line shall be established based on a setback distance from the certified shoreline of 40 feet plus 70 times the average annual coastal erosion rate, based on a coastal erosion study as defined in this chapter. No shoreline setback shall be established for any lot subject to this chapter unless the application for a shoreline setback line 1 of 5 Chapter 13-5 Exhibit 4 includes a shoreline survey certified by the department not more than 12 months prior to submission of the permit application. The shoreline setback line shall be based on the average lot depth (ALD)¹ measured from the current shoreline. For lots with an ALD of two hundred feet or less, the shoreline setback line shall be established based on the ALD of the lot, as provided in Table 1, or based on 40-feet plus 70 times the annual erosion rate. The applicant may choose the lesser of the two methods, but in no case shall the shoreline setback line be calculated to be less than 40 feet. The department may waive the requirement for coastal erosion study based on supportive documentation from the applicant. Such documentation may include, but is not limited to, county or state approved coastal erosion rate data provided through the University of Hawaii, School of Ocean, ¹ Average lot depth (ALD) shall be calculated as follows: (1) measure the two sides of the property that are at or near right angles to the shoreline; (2) measure the length of a line connecting the mid-point of the seaward (shoreline) side of the property to the mid-point of the landward side of the property; (3) add these three (right, left, center lines) measurements together for a total; (4) divide the total by three to obtain the ALD. 2 of 5 Chapter 13-5 Exhibit 4 Earth Science, and Technology, or evidence that the erosion rate is zero. | TABLE 1: AVERAGE LOT DEPTH | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | If the average lot depth is: | 100 feet or less | 101 to 120 feet | 121 to 140 feet | 141 to 160 feet | 161 to 180 feet | 181 to 200 feet | | Then the minimum setback distance is: | 40 feet | 50 feet | 60 feet | 70 feet | 80 feet | 90 feet | Maximum Developable Area (MDA): Means the total floor area in square feet allowed under the approved land use. The floor area computation shall include: all floor areas under roof, including first, second, and third story areas, decks, pools, saunas; garage or carport, and other above ground structures. For lots up to 14,000 square feet, the maximum developable area is 25 per cent of total lot area. For lots over 14,000 square feet to one (1) acre, the maximum developable area is 3,500 square feet. 3 of 5 Chapter 13-5 Exhibit 4 For lots larger than one (1) acre, the maximum developable area is 5,000 square feet. Exceptions: Site characteristics and the degree of pre-existing site disturbance may be a further limiting factor in the calculation of maximum developable area when so determined by the board. Maximum Allowable Building Envelope: No portion of any building (excluding any allowed chimney, antenna, vents, solar panels or other renewable energy structures, or similar structures) shall protrude above the maximum allowable building envelope. The top of the maximum allowable building envelope shall be a vertical plane parallel to and twenty-five feet above the existing grade measured by vertical plumb line. Exceptions: Areas within the flood zone may allow consideration for additional heights above the maximum allowable building envelope to comply with the National Flood Insurance Program requirements when so determined by the board. Compatibility Provisions: Compatibility with surrounding environs. Structure is designed in accordance with standard 4 of 5 Chapter 13-5 Exhibit 4 conditions and criteria, including: - Landscaping - screening of structures - Color of paint/surface of structure and roof - earth tones, or compatible with surrounding area - Department of Health wastewater permit/water collection system approval - Grading/contouring of property kept to minimum with consideration of slope - All structures connected, or best alternative - In conformance to applicable building and grading code and shoreline setback provisions - One kitchen² ² "Kitchen" means a facility within the residential dwelling for food preparation, including fixtures, appliances or other devices to wash, prepare, heat, cook, and refrigerate food and wash cooking utensils and dining implements. 5 of 5 Chapter 13-5 Exhibit 5 # Exhibit 5 Fire Buffer Zone Standards: August 12, 2011 Design standards for creation and maintenance of fire buffer zones along the urban/conservation interface. Fire buffer zones shall be approved via site plan approval. # PURPOSE The goal of a fire buffer zone is to reduce the risk of fire spreading to an area, and to reduce the speed at which fire spreads, should one occur. This is accomplished by (1) reducing the amount of available fuels, (2) reducing the continuity of available fuels, both horizontally through the proper spacing of trees and shrubs, and vertically by removing the ladder of fuels that can carry fire from the surface to the tree crowns, (3) developing a high-canopy forest, (4) replacing highly-flammable flora with drought and fire resistant indigenous, endemic, or Polynesian-introduced species, and (5) encouraging community stewardship of lands in the Conservation District. # APPLICATION REQUIREMENTS - Parcel is considered a high-risk fire prone area by an authority recognized by the department (e.g., Division of Forestry and Wildlife, or the County Fire Department). - If landscaping is to occur on neighboring parcels, the applicant should have permission of the neighboring landowner. The chairperson may sign as landowner for parcels owned by the State. - A Site Plan should include three elements: (1) location maps, (2) an implementation plan, and (3) a maintenance plan. - Maps for the area should identify: topography, drainage patterns, land ownership, dominant flora 1 of 5 Chapter 13-5 Exhibit 5 and fauna, trees greater than ten inches in diameter measured at 4.5 feet above the ground, endangered and threatened trees, and other indigenous, endemic, or Polynesian-introduced trees or shrubs, infrastructure, and known historical or archaeological sites. - The implementation plan should show the final design of the fire protection zone, how impacts to endangered or threatened trees or shrubs, or historical or archaeological sites will be mitigated. - The management plan should discuss how and when the fire protection zone will be maintained. - The size of the fire buffer zone will be based upon the slope of the area, as shown in Table 2. Distances are measured from the outside of the main structure, as measured from the outside eaves and/or any attached structures. | TABLE 2: AREA OF DEFENSIBLE SPACE | | | | --- | --- | --- | | ZONE | SLOPE | DEFENSIBLE SPACE | | 1 Area of maximum reduction | all | 0-15 feet | | 2 Area of fuel reduction | 0-20% | 15-30 feet | | | 21-40% | 15-50 feet | | | >40% | 15-70 feet | | 3 Transition Zone | 0-20% | 30-75 feet | | | 21-40% | 50-100 feet | | | >40% | 70-125 feet | 2 of 5 Chapter 13-5 Exhibit 5 # DESIGN ELEMENTS The following are acceptable design elements for each zone: Zone 1: - Removal of all flammable vegetation. - Pruning of existing trees to a height of ten feet above the ground or to one-half the height of the tree, whichever is the lowest. - Planting of drought and fire resistant indigenous, endemic, or Polynesian-introduced trees and shrubs, along with associated soil improvements and mulching. - Removal of all ladder fuels beneath existing trees. Zone 2: - Thinning of trees and shrubs so that they stand solo, or in clumps of two or three. Recommended space between crowns is based upon slope, as summarized in Table 3. | TABLE 3: MINIMUM TREE AND SHRUB SPACING FOR ZONE 2 | | | | --- | --- | --- | | SLOPE | TREE CROWN SPACING | SHRUB CLUMP SPACING | | 0-10% | 10 feet | 2½ x shrub height | | 11-20% | 15 feet | 3x shrub height | | 21-40% | 20 feet | 4x shrub height | | >40% | 30 feet | 6x shrub height | - Removal of ladder fuels. - Mowing or cutting grasses as needed to keep them at a maximum height of 6-8 inches. 3 of 5 Chapter 13-5 Exhibit 5 - Pruning of tree branches to a height of at least ten feet. - Replanting of drought and fire resistant indigenous, endemic or Polynesian-introduced trees and shrubs, along with associated soil improvements and mulching. - Removal of dead trees. - Annual maintenance thinning of trees as they grow in size. - Annual removal of dead stems and branches. Zone 3: - Thinning of trees, with spacing based upon the tree diameter measured at 4.5 foot above the ground, as outlined in Table 4. TABLE 4: MINIMUM TREE SPACING FOR ZONE 3 | Tree Diameter (inches) | Average Stem Spacing (feet) | | --- | --- | | 3 | 10 | | 4 | 11 | | 5 | 12 | | 6 | 13 | | 7 | 14 | | 8 | 15 | | 9 | 16 | | 10 | 17 | | 11 | 19 | | 12 | 21 | | 13 | 23 | | Tree Diameter (inches) | Average Stem Spacing (feet) | | --- | --- | | 14 | 24 | | 15 | 26 | | 16 | 28 | | 17 | 29 | | 18 | 31 | | 19 | 33 | | 20 | 35 | | 21 | 36 | | 22 | 38 | | 23 | 40 | | 24 | 42 | 4 of 5 Chapter 13-5 Exhibit 5 - Pruning of tree branches to a height of at least ten feet along fire or access roads. - Annual maintenance thinning as trees grow in size. # MAINTENANCE GUIDELINES Zones 2 and 3 are subject to the following maintenance guidelines: - Any replanting should only be done with indigenous, endemic, or Polynesian-introduced trees and shrubs. - No grubbing or grading is allowed for this land use. - Slash (limbs, branches, and other woody debris) should be disposed of by removing it from site, chipping and distributing over the ground, or lopping and scattering. - Tree stumps should remain in the ground. - Surface (drip) irrigation lines are allowed to support new plantings. - Applicant should provide the Office of Conservation and Coastal Lands with photographs of completed work. 5 of 5 1