205A-22. Definitions
As used in this part, unless the context otherwise requires:
"Applicant" means any individual,
organization, partnership, or corporation, including any utility and any agency
of government.
"Department" means the planning
department of the counties of Kauai, Maui, and Hawaii and the department of
planning and permitting of the city and county of Honolulu, or other
appropriate agency as designated by the county councils.
"Development":
(1) Means any of the uses, activities, or operations
on land or in or under water within a special management area that are included
below:
(A) Placement or erection of any solid
material or any gaseous, liquid, solid, or thermal waste;
(B) Grading, removing, dredging, mining, or
extraction of any materials;
(C) Change in the density or intensity of use
of land, including but not limited to the division or subdivision of land;
(D) Change in the intensity of use of water,
ecology related thereto, or of access thereto; and
(E) Construction, reconstruction, or
alteration of the size of any structure; and
(2) Does not include the following:
(A) Construction or reconstruction of a
single-family residence that is less than seven thousand five hundred square
feet of floor area; is not situated on a shoreline parcel or a parcel that is
impacted by waves, storm surges, high tide, or shoreline erosion; and is not
part of a larger development;
(B) Repair or maintenance of roads and
highways within existing rights-of-way;
(C) Routine maintenance dredging of existing
streams, channels, and drainage ways;
(D) Repair and maintenance of underground
utility lines, including but not limited to water, sewer, power, and telephone
and minor appurtenant structures such as pad mounted transformers and sewer
pump stations;
(E) Zoning variances, except for height,
density, parking, and shoreline setback;
(F) Repair, maintenance, or interior
alterations to existing structures;
(G) Demolition or removal of structures,
except those structures located on any historic site as designated in national
or state registers;
(H) Use of any land for the purpose of
cultivating, planting, growing, and harvesting plants, crops, trees, and other
agricultural, horticultural, or forestry products or animal husbandry, or
aquaculture or mariculture of plants or animals, or other agricultural
purposes, including all traditional fishpond and traditional agricultural
practices;
(I) Transfer of title to land;
(J) Creation or termination of easements,
covenants, or other rights in structures or land;
(K) Subdivision of land into lots greater
than twenty acres in size;
(L) Subdivision of a parcel of land into four
or fewer parcels when no associated construction activities are proposed;
provided that any land that is so subdivided shall not thereafter qualify for
this exception with respect to any subsequent subdivision of any of the
resulting parcels;
(M) Installation of underground utility lines
and appurtenant aboveground fixtures less than four feet in height along
existing corridors;
(N) Structural and nonstructural improvements
to existing single-family residences, where otherwise permissible;
(O) Nonstructural improvements to existing
commercial or noncommercial structures;
(P) Construction, installation, maintenance,
repair, and replacement of emergency management warning or signal devices and sirens;
(Q) Installation, maintenance, repair, and
replacement of public pedestrian and bicycle facilities, including sidewalks,
paths, bikeways, crosswalks, stairs, ramps, traffic control barriers, signs,
signals, and associated improvements;
(R) Trash removal or invasive vegetation
removal or control, including incidental ground disturbance, excluding the use
of herbicides;
(S) Installation of fencing, including
associated improvements and incidental structures, for invasive species control
or preservation of native habitats on conservation land;
(T) Installation, maintenance, repair, and
replacement of lighting, fixtures, and equipment to establish compliance with
current standards at existing public facilities;
(U) Installation, maintenance, repair, and
replacement of security measures, including fencing, to existing public
facilities; and
(V) Hawaiian traditional and customary
practices, including work conducted by traditional means near, in, or related
to loko i`a, traditional Hawaiian fishponds;
provided that whenever the authority finds that
any excluded use, activity, or operation may have a cumulative impact, or a
significant environmental or ecological effect on a special management area,
that use, activity, or operation shall be defined as "development"
for the purpose of this part.
"Special management area" means the
land extending inland from the shoreline as delineated on the maps filed with
the authority as of June 8, 1977, or as amended pursuant to section 205A-23.
"Special management area emergency permit"
means an action by the authority authorizing development in cases of emergency
requiring immediate action to prevent substantial physical harm to persons or
property or to allow the reconstruction of structures damaged by natural
hazards to their original form; provided that those structures were previously
found to be in compliance with requirements of the National Flood Insurance
Program.
"Special management area minor permit"
means an action by the authority authorizing development the valuation of which
is not in excess of $500,000 and which has no substantial adverse environmental
or ecological effect, taking into account potential cumulative effects.
"Special management area use permit"
means an action by the authority authorizing development the valuation of which
exceeds $500,000 or which may have a substantial adverse environmental or
ecological effect, taking into account potential cumulative effects.
"Structure" includes but is not
limited to any building, road, pipe, flume, conduit, siphon, aqueduct,
telephone line, and electrical power transmission and distribution line.
"Valuation" shall be determined by
the authority and means the estimated cost to replace the structure in kind
based on current replacement costs, or in the cases of other development as
defined above, the fair market value of the development.
[L 1975, c 176, pt of
§1; am L 1977, c 188, §6; am L 1979, c 200, §7; am L 1982, c 126, §1; am L
1983, c 124, §8; am L 1984, c 113, §1; am L 1991, c 129, §1; am L 1993, c 258,
§4; am L 2001, c 169, §6; am L 2004, c 76, §2; am L 2011, c 153, §3; am L 2012,
c 239, §2; am L 2014, c 111, §28; am L 2018, c 18, §6; am L 2020, c 16, §4; am
L 2023, c 229, §2]
