Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 5 - CONSERVATION DISTRICT › Subchapter 1 - GENERAL PROVISIONS › Section 13-5-2 - Definitions

Current through June, 2024
As used herein unless otherwise provided:
"Accessory use" means use of land or of a building or a
					 portion thereof that is customarily incidental and subordinate to the principal
					 use of the land or building and located on the same lot with the principal
					 use.
"Aquaculture" means the cultivation and production of
					 aquatic life in a controlled salt, brackish, or fresh water environment.
"Artificial reef" means an area of the sea where objects
					 have been placed on the ocean bottom to create a habitat for fish and other
					 marine organisms.
"Board" means the board of land and natural
					 resources.
"Board permit" means a permit approved by the board of
					 land and natural resources.
"Chairperson" means the chairperson of the board of land
					 and natural resources.
"Commercial purpose" means those land uses which entail or
					 comprise the exchange or buying and selling of commodities, or the providing of
					 services, or relating to or connected with trade, traffic in goods and services
					 or commerce in general; provided, however, that the use of land for public
					 utility purposes shall not be considered a commercial purpose.
"Communications systems" means towers, antennas,
					 buildings, cables and other accessory structures for electronic, radio
					 frequency or microwave transmissions or receptions.
"Conservation district" means those lands within the
					 various counties of the State and state marine waters bounded by the
					 conservation district line, as established under provisions of Act 187, Session
					 Laws of Hawaii, 1961, and Act 205, Session Laws of Hawaii 1963, or future
					 amendments thereto.
"Department" means the department of land and natural
					 resources.
"Departmental permit" means a permit approved by the
					 chairperson.
"Forest reserves" means those lands set aside as forest
					 reserves by the department pursuant to section
					 183-11,
					 HRS.
"Hearing officer" means a person or persons designated or
					 appointed by the board or chairperson to conduct public hearings or proceedings
					 on behalf of the board.
"Historic property" means any building, structure, object,
					 district, area, or site, including heiau and underwater site, which is over
					 fifty years old.
"Kuleana land" means those lands granted to native tenants
					 pursuant to L. 1850, p. 202 entitled "An Act Confirming Certain Resolutions of
					 the King and Privy Council, Passed on the 21st Day of December, A.D. 1849,
					 Granting to the Common People Allodial Titles for Their Own Lands and House
					 Lots, and Certain Other Privileges," as originally enacted and amended.
"Land" means all real property, fast or submerged, and all
					 interests therein, including fauna, flora, minerals and all such natural
					 resources, unless otherwise expressly provided.
"Landowner" means an owner of land, or of any estate or
					 interest in that land.
"Land use" means:
(1) The placement or erection of any solid material on land
					 if that material remains on the land more than fourteen days, or which causes a
					 permanent change in the land area on which it occurs;
(2) The grading, removing, harvesting, dredging, mining or
					 extraction of any material or natural resource on land;
(3) The subdivision of land; or
(4) The construction, reconstruction, demolition, or
					 alteration of any structure, building, or facility on land.
For purposes of this chapter, harvesting and removing does
					 not include the taking of aquatic life or wildlife that is regulated by state
					 fishing and hunting laws nor the gathering of natural resources for personal,
					 noncommercial use or pursuant to Article 12, Section 7 of the Hawaii State
					 Constitution or section
					 7-1,
					 HRS relating to certain traditional and customary Hawaiian practices.
"Management plan" means a comprehensive plan for carrying
					 out multiple land uses.
"Mooring" means a device for holding a vessel in place,
					 where an anchor, concrete block or similar device is placed-or dropped on
					 submerged land with a line attached to a buoy to which the vessel is
					 attached.
"Natural area reserve" means those state lands that have
					 been designated as part of the Hawaii natural area reserve system by the
					 department pursuant to section
					 195-4,
					 HRS.
"Natural resource" means resources such as plants, aquatic
					 life and wildlife, cultural, historic and archeological sites and
					 minerals.
"Nonconforming use" means the lawful use of any building,
					 premises or land for any trade, industry, residence or other purposes which is
					 the same as and no greater than that established immediately prior to October
					 1, 1964, or prior to the inclusion of the building, premises, or land within
					 the conservation district.
"Plant sanctuary" means an area of land set aside to
					 preserve, protect, conserve, and manage particular plant species.
"Scenic area" means areas possessing natural, scenic, or
					 wildland qualities.
"Single family residence" means a building or structure
					 used or designated and intended to be used as a home or dwelling place for a
					 family.
"Site plan" means a plan drawn to scale, showing the
					 actual dimensions and shape of the property, the size and locations on the
					 property of existing and proposed structures and open areas including
					 vegetation and landscaping.
"State marine waters" means all waters of the State,
					 including the water column and water surface, extending from the upper reaches
					 of the wash of the waves on shore seaward to the limit of the State's police
					 power and management authority, including the United States territorial sea,
					 notwithstanding any law to the contrary.
"Subdivision" means a division of a parcel of land into
					 more than one parcel.
"Submerged lands" means lands from the upper reaches of
					 the waves on shore seaward to the extent of the State's jurisdiction.
"Subzone" means a zone established within the conservation
					 district which is identified by boundaries and resource characteristics.
"Temporary variance" means an exception to zoned use,
					 where good cause is shown and where the proposed variance is for a use
					 determined to be in accordance with good conservation practice.
"Topographical features" means natural and artificial
					 geographical features that appear on a topographical map, such as mountains,
					 hills, valleys, streams, wetlands, shorelines, roads, and other such
					 structures.
"Transportation system" includes the means to transport
					 people, animals or goods or any combination thereof from one place to another,
					 including roads, harbors, airways, and their related facilities.
"Water system" means a network of pipelines, storage,
					 pumps, water sources, and other appurtenances (e.g. ditches, channels, canals,
					 flumes, siphons, telemark lines, drainage systems, etc., all of which are part
					 of a surface water collection system) which furnishes a supply of water to
					 consumers. The water sources may include diversions, impoundments, or wells,
					 and may include water treatment facilities to achieve necessary water quality
					 standards.
"Wilderness area" means an area designated by the
					 department having a diversity and abundance of native flora and fauna,
					 geological formation, or both, largely undisturbed by human influences, in
					 which the introduction of non-indigenous plants and animals, mining, grazing of
					 domestic animals, removal of vegetation, overnight camping, and the
					 construction of roads or structures is prohibited or restricted.
"Wildlife sanctuary" means an area of land or water
					 designated by the department to preserve, protect, conserve, and manage
					 wildlife, where hunting and other activities may be
					 restricted.