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2025-11-07 PD Legal Memo (PL-BOA-2025-000119)
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2025-11-07 PD Legal Memo (PL-BOA-2025-000119)
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(V) Hawaiian traditional and customary practices, including work <br /> conducted by traditional means near, in, or related to loko la, traditional <br /> Hawaiian fishponds; <br /> provided that whenever the authority finds that any excluded <br /> use, activity, or operation may have a cumulative impact, or a significant <br /> environmental or ecological effect on a special management area,that use, <br /> activity, or operation shall be defined as "development" for the purpose of <br /> this part. <br /> The Director properly determined that the exterior construction of a first-floor concrete <br /> deck and a 240 square foot upper level lanai, construction of an interior staircase, and <br /> replacement of the existing structure's roof clearly falls within the definition of actions that are <br /> NOT development pursuant to HRS §205A-22(2), more specifically, subsections (A), (F), and <br /> (N). The Director's evaluation of the proposed work considered whether these minor alterations <br /> and repairs to the existing single-family home, including the addition of a 240 square foot lanai, <br /> would have a cumulative impact or significant environmental or ecological impact on the <br /> protected shoreline management area and properly determined that it would not. <br /> Planning Commission Rule 9 includes the similar definitions of"development" and what <br /> is not"development." See Planning Commission Rule 9-4(i)(1) ["development'J and 9-4(i)(2) <br /> [not "development'J. Specifically, Rule 9-4(i)(2)(A)provides that development does not <br /> include"construction or reconstruction of a single-family residence that is less than seven <br /> thousand five hundred (7,500) square feet of floor area, is not situated on a shoreline parcel or a <br /> parcel that is impacted by waves, storm surges, high tide, or shoreline erosion, and is not part of <br /> a larger development." Rule 9-4(i)(2)(F) excludes "repair, maintenance, or interior alterations to <br /> existing structures or relating to existing uses" from the definition of"development." Rule 9- <br /> 4(i)(2)(0) also excludes "structural and non-structural improvements to existing single-family <br /> residences, where otherwise permissible"from the definition of"development." Rule 9-4(i)(4) <br /> does allow that whenever the Director finds that any otherwise-excluded use may have a <br /> 6 <br />
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