| 47 | | - | SECTION 1. Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows: ""Development" means any of the uses, activities, or operations on land or in or under water within a special management area that are included below: (1) Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; (2) Grading, removing, dredging, mining, or extraction of any materials; (3) Change in the density or intensity of use of land, including but not limited to the division or subdivision of land; (4) Change in the intensity of use of water, ecology related thereto, or of access thereto; and (5) Construction, reconstruction, or alteration of the size of any structure. "Development" does not include the following: (1) 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; (2) Repair or maintenance of roads and highways within existing rights-of-way; (3) Routine maintenance dredging of existing streams, channels, and drainage ways; (4) 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; (5) Zoning variances, except for height, density, parking, and shoreline setback; (6) Repair, maintenance, or interior alterations to existing structures; (7) Demolition or removal of structures, except those structures located on any historic site as designated in national or state registers; (8) 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; (9) Transfer of title to land; (10) Creation or termination of easements, covenants, or other rights in structures or land; (11) Subdivision of land into lots greater than twenty acres in size; (12) 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; (13) Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors; (14) Structural and nonstructural improvements to existing single-family residences, where otherwise permissible; (15) Nonstructural improvements to existing commercial or noncommercial structures; [and] (16) Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens; (17) Installation, maintenance, repair, and replacement of pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, signs, signals, and associated improvements; (18) Trash removal that will result in incidental ground disturbance and vegetation removal; (19) Invasive vegetation control with subsurface stump removal, excluding the use of pesticides; (20) Installation of fencing for invasive species control or preservation of native habitat, including associated improvements and incidental structures; (21) Installation, maintenance, repair, and replacement of existing lighting, fixtures, and equipment to establish compliance with current standards at existing public facilities; and (22) Hawaiian traditional and customary practices, including work conducted by traditional means near, in, or related to loko ia, 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." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. Section 205A-22, Hawaii Revised Statutes, is amended by amending the definition of "development" to read as follows: ""Development" means any of the uses, activities, or operations on land or in or under water within a special management area that are included below: (1) Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; (2) Grading, removing, dredging, mining, or extraction of any materials; (3) Change in the density or intensity of use of land, including but not limited to the division or subdivision of land; (4) Change in the intensity of use of water, ecology related thereto, or of access thereto; and (5) Construction, reconstruction, or alteration of the size of any structure. "Development" does not include the following: (1) 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; (2) Repair or maintenance of roads and highways within existing rights-of-way; (3) Routine maintenance dredging of existing streams, channels, and drainage ways; (4) 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; (5) Zoning variances, except for height, density, parking, and shoreline setback; (6) Repair, maintenance, or interior alterations to existing structures; (7) Demolition or removal of structures[,] or improvements, except those structures located on any historic site as designated in national or state registers; (8) 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; (9) Transfer of title to land; (10) Creation or termination of easements, covenants, or other rights in structures or land; (11) Subdivision of land into lots greater than twenty acres in size; (12) 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; (13) Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors; (14) Structural and nonstructural improvements to existing single-family residences, where otherwise permissible; (15) Nonstructural improvements to existing commercial or noncommercial structures; [and] (16) Construction, installation, maintenance, repair, and replacement of emergency management warning or signal devices and sirens; (17) Construction, installation, maintenance, repair, and replacement of pedestrian and bicycle facilities, including sidewalks, paths, bikeways, crosswalks, stairs, ramps, signs, signals, and associated improvements, including the placement of barriers for the control of vehicle movement; (18) Trash removal that will result in incidental ground disturbance and vegetation removal; (19) Invasive vegetation control with subsurface stump removal, excluding the use of pesticides; (20) Installation of fencing for invasive species control or preservation of native habitat, including associated improvements and incidental structures; (21) Removal of fences, walls, or barriers and replacement with gates or other access devices and associated minor improvements for inspection and maintenance of utilities; and (22) Installation, maintenance, repair, and replacement of existing lighting, fixtures, and equipment to establish compliance with current standards at existing public recreation facilities; 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." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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