Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 8 - EXEMPT ACTIONS, LIST, AND NOTICE REQUIREMENTS › Section 11-200.1-15 - General types of actions eligible for exemption

Current through June, 2024
(a) Some actions, because they will
				  individually and cumulatively probably have minimal or no significant effects,
				  can be declared exempt from the preparation of an EA.
(b) Actions declared exempt from the
				  preparation of an EA under this subchapter are not exempt from complying with
				  any other applicable statute or rule.
(c) The following general types of actions
				  are eligible for exemption:
(1) Operations,
				  repairs, or maintenance of existing structures, facilities, equipment, or
				  topographical features, involving minor expansion or minor change of use beyond
				  that previously existing;
(2)
				  Replacement or reconstruction of existing structures and facilities where the
				  new structure will be located generally on the same site and will have
				  substantially the same purpose, capacity, density, height, and dimensions as
				  the structure replaced;
(3)
				  Construction and location of single, new, small facilities or structures and
				  the alteration and modification of the facilities or structures and
				  installation of new, small equipment or facilities and the alteration and
				  modification of the equipment or facilities, including, but not limited to:
(A) Single-family residences less than 3,500
				  square feet, as measured by the controlling law under which the proposed action
				  is being considered, if not in conjunction with the building of two or more
				  such units;
(B) Multi-unit
				  structures designed for not more than four dwelling units if not in conjunction
				  with the building of two or more such structures;
(C) Stores, offices, and restaurants designed
				  for total occupant load of twenty individuals or fewer per structure, if not in
				  conjunction with the building of two or more such structures; and
(D) Water, sewage, electrical, gas,
				  telephone, and other essential public utility services extensions to serve such
				  structures or facilities; accessory or appurtenant structures including
				  garages, carports, patios, swimming pools, and fences; and, acquisition of
				  utility easements;
(4)
				  Minor alterations in the conditions of land, water, or vegetation;
(5) Basic data collection, research,
				  experimental management, and resource and infrastructure testing and evaluation
				  activities that do not result in a serious or major disturbance to an
				  environmental resource;
(6)
				  Demolition of structures, except those structures that are listed on the
				  national register or Hawaii Register of Historic Places;
(7) Zoning variances except shoreline setback
				  variances;
(8) Continuing
				  administrative activities;
(9)
				  Acquisition of land and existing structures, including single or multi-unit
				  dwelling units, for the provision of affordable housing, involving no material
				  change of use beyond previously existing uses, and for which the legislature
				  has appropriated or otherwise authorized funding; and
(10) New construction of affordable housing,
				  where affordable housing is defined by the controlling law applicable for the
				  state or county proposing agency or approving agency, that meets the following;
(A) Has the use of state or county lands or
				  funds or is within Waikiki as the sole triggers for compliance with chapter
				  343, HRS;
(B) As proposed conforms
				  with the existing state urban land use classification;
(C) As proposed is consistent with the
				  existing county zoning classification that allows housing; and
(D) As proposed does not require variances
				  for shoreline setbacks or siting in an environmentally sensitive area, as
				  stated in section 11-200.1-13(b)(11).