Haw. Code R. § 13-5-2

Current through March, 2024
Section 13-5-2 - Definitions

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.

Haw. Code R. § 13-5-2

[Eff DEC 12 1994] (Auth: HRS § 183C-3) (Imp: HRS § 183C-2)