Haw. Code R. § 13-5-22 - Identified land uses in 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:

(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 which does not involve a land use.

(B-1) Basic data collection, research, education, and resource evaluation as identified in the exempt classes established in section 11-200-8.

(C-1) Basic data collection, research, education, and resource evaluation which involves a land use with incidental ground disturbance from installation of equipment (e.g. rain gauges or meteorological towers).

(D-1) Basic data collection, research, education, and resource evaluation that involves a land use causing ground disturbance (e.g. exploratory wells) .

P-2 FISHPONDS

(A-1) Repair, strengthening, reinforcement or maintenance of a fishpond under an approved conservation district use permit and approved management plan.

(D-1) Restoration or repair of a fishpond under an approved management plan; where restoration is the act or process of returning the property to a state of utility through repair or alteration which makes possible an efficient contemporary use, such as aquaculture.

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 LANDSCAPING, REMOVAL OF NOXIOUS PLANTS

(A-1) Removal. of noxious plants for maintenance purposes without the use of power tools that does not result in significant ground disturbance (e.g. weeding) . Noxious plants are defined in chapter 152 HRS, and chapter 4-68, subtitle 6.

(C-1) Landscaping, defined as alteration (including clearing) of plant cover. Such alteration shall be limited to plant materials that are endemic or indigenous and similar in character and appearance to existing vegetation in the surrounding area. Natural vegetative plant cover, where disturbed, shall be restored or replaced with endemic or indigenous planting. The introduction of alien plant species is prohibited in the protective subzone.

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

(D-1) Land uses undertaken by the State of Hawaii or the counties to fulfill a mandated governmental function, activity, or service for public benefit and in accordance with public policy and the purpose of the conservation district. Such land uses may include transportation systems, water systems, communications systems, and recreational facilities.

(D-2) Transportation systems, transmission facilities for public utilities, water systems, energy generation facilities utilizing the renewable resources of the area (e.g. hydroelectric or wind farms) and communications systems and other such land uses which are undertaken by non-governmental . entities which benefit the public and are consistent with the purpose of the conservation district.

P-7 SANCTUARIES

(D-1) Plant and wildlife sanctuaries, natural area reserves (see chapter 195, HRS) and wilderness and scenic areas, including habitat improvements under an approved management plan.

P-8 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-9 STRUCTURES, EXISTING

(A-1) Replacement or reconstruction of existing structures and facilities as identified in the exempt classes established in section 11-200-8, except as provided in section 13-5-37 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.

(C-1) Demolition, removal, or alteration of existing structures, facilities and equipment. Any historic property shall be evaluated by the department for historical significance.

(C-2) Operations, repair, maintenance, or renovation of existing structures, facilities, equipment, or topographical features which are different from the original permit or which are different from the department-approved construction plans, where applicable. When county permit(s) are required the department shall approve the associated plan(s) .

Note: for nonconforming uses, see section 13-5-37.

(D-1) Demolition, grading, removal or alteration of topographic features.

P-10 STRUCTURES, ACCESSORY

(A-1) Construction or placement of structures accessory to existing facilities as identified in the exempt classes established in section 11-200-8.

P-11 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. Consolidation followed by resubdivision shall constitute a subdivision.

(D-1) Subdivision of property into two or more legal lots of record which serves a public purpose and is consistent with the objectives of the subzone.

P-12 TREE REMOVAL

(A-1) Removal of dead or diseased:

(1) Non-native trees; or

(2) Native trees less than six inches in diameter measured at ground level.

(A-2) Removal of trees which pose a hazard to public safety; provided, however, that the landowner shall be required to provide documentation for the need to remove the tree if it was six inches or greater in diameter measured at ground level.

(C-1) Removal of not more than five trees or more than five trees less than six inches in diameter measured at ground level;

(D-1) Removal of more than five trees, six inches or greater in diameter measured at ground level .

Notes

Haw. Code R. § 13-5-22

[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-4)