Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 3 - IDENTIFIED LAND USES AND REQUIRED PERMITS › Section 13-5-22 - Identified land uses in protective subzone

Current through June, 2024
(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
				  .