This Hawaii Housing Finance and Development Corporation (HHFDC) Comprehensive Exemption List supersedes the previous versions that were reviewed and concurred by the Environmental Council on March 12, 2008 and the November 18, 1997.

Under Hawaii Administrative Rules (HAR), section 11-200.1-15(c), ten general types of actions are exempt from the preparation of an environmental assessment (EA). Under HAR §11-200.1-15(d), these exemptions are inapplicable when the cumulative impact of planned successive actions in the same place, over time, is significant, or when an action that is normally insignificant in its impact on the environment may be significant in a particularly sensitive environment.

The list of actions eligible for exemption is organized by ten general types of actions and further classified within each type:

• 1. Part 1 Actions: Under HAR §11-200.1-16(b), HHFDC deems the action as de minimis and exempts it from the preparation of an EA and exemption notice.
• 2. Part 2 Actions: Under HAR §11-200.1-16(c), HHFDC exempts the action from the preparation of an EA and files an exemption notice meeting the requirements set forth in HAR §11-200.1-17 and chapter 343, Hawaii Revised Statutes (HRS).
• 3. Part 3 Actions: All emergency actions not listed under Part 1 and 2 Actions are subject to the provisions of HAR §11-200.1-8.

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EXEMPTION TYPE 1: Operations, repairs, or maintenance of existing structures, facilities, equipment, or topographical features, involving minor expansion or minor change of use beyond that previously existing.

Part 1 Actions – Repair or maintain structures, facilities, equipment, and topographical features:

• 1. Structures: Repair/maintain office buildings, maintenance/equipment buildings, warehouses, sheds, dwelling units, parking structures, and ancillary structures (retaining walls, fences, gates, storage tanks, reservoirs, slope stabilization, intake boxes, curbs, sidewalks, ramps, steps, stairways).
• 2. Facilities: Repair/maintain recreational facilities (sports complexes), community facilities (parks, neighborhood centers), utility systems (electrical, lighting, water, wastewater, drainage, HVAC, solar water heating, fuel), and roadway systems (pavements, curbs, sidewalks, ramps, lighting, landscaping, drainage, stairs, parking).
• 3. Equipment: Repair/maintain elevators, escalators, lifts, generators, pumps, motors, communications, security/surveillance systems, traffic control systems, streetlights, and traffic safety equipment (signs, guardrails, striping).
• 4. Topographical Features: Repair damage from natural/man-made incidents (eroded earth berms, obstructions), maintain grounds (planting, mowing, trimming, weeding, fertilizing, aerating), and capture/trap/eradicate non-protected feral animals/wildlife hazards.

EXEMPTION TYPE 2: Replacement or reconstruction of existing structures and facilities where the new structure will be located, generally on the same site, and will have substantially the same purpose, capacity, density, height, and dimensions as the structure replaced.

Part 1 Actions – Replace or reconstruct structures or facilities to meet codes/standards:

• 1. Structures: Buildings, warehouses, sheds, dwelling units, parking structures, and ancillary structures (retaining walls, walls except seawalls, fences, gates, storage tanks, reservoirs, slope stabilization, intake boxes, curbs, sidewalks, ramps, steps, stairways).
• 2. Facilities: Recreational facilities, utility systems (electrical, lighting, water, wastewater, drainage, HVAC, solar, fuel, communication, security), exterior lighting (per Night Sky Protection Strategy), roadway systems (on previously disturbed soils), and equipment (elevators, escalators, lifts, generators, pumps, motors, security).

Part 2 Actions – Shoreline areas:

• Replace/reconstruct ancillary structures including seawalls and revetments.

EXEMPTION TYPE 3: Construction and location of single, new, small facilities or structures…

Part 1 Actions – Modification of existing facilities or installation of new equipment:

• Modify office space, residential units, storage areas, and utility systems (electrical, IT, HVAC).
• Modify streets (shoulder/auxiliary lanes, curves, intersections, sidewalks).
• Install new localized utility systems, new equipment (elevators, generators, retaining walls, fences), safety equipment (traffic signals, surveillance, barriers, signs, light standards), Night Sky compliant lighting, rockfall protection (mesh, fences), substations/transformers, and greywater systems.

Part 2 Actions – Construction of new structures and facilities:

• Construct new small structures (buildings, sheds, warehouses, garages) if not in conjunction with two or more such structures.
• Construct new ancillary facilities (retaining walls, fences, ramps), off-street parking, drainage systems (swales, ditches, basins), and telecom systems (antennas, support structures).

EXEMPTION TYPE 4: Minor alteration in the conditions of land, water, or vegetation.

Part 1 Actions – Maintain property in safe/functional condition:

• Vegetation management (mowing, trimming, transplanting, sodding), minor topography alteration (grading/filling, grubbing) without a permit, pest control, clearing for site studies, irrigation installation, removal of hazardous trees (per county ordinances), removal/fill of unused cesspools/septic systems, and reinterment of burial remains.

EXEMPTION TYPE 5: Basic data collection, research, experimental management, and testing.

Part 1 Actions – Nondestructive data collection:

• Studies (planning, social, economic, environmental, feasibility), surveys (historical, cultural, biological, traffic, noise, air, water, structural, pavement), public meetings, GIS/aerial mapping, subsurface investigations (trenching/boring per SHPD consultation), and real estate transactions (due diligence, appraisals).

EXEMPTION TYPE 6: Demolition of structures (excluding those on historic registers).

Part 1 Actions – Demolition of abandoned structures/facilities:

• Demolition of abandoned buildings, sheds, warehouses, storage tanks, wastewater/utility facilities, road improvements, and machinery.

Part 2 Actions – Demolition requiring further consideration (hazardous materials, noise/dust impacts, loss of public amenities).

EXEMPTION TYPE 7: Zoning variances except shoreline setback variances.

• Building setback variances, variances for housing developments/public facilities, and housing variances under chapter 201H, HRS.

EXEMPTION TYPE 8: Continuing administrative activities.

• Procurement, purchase of supplies/vehicles, use of grants, administrative functions (accounting, personnel, training), public outreach, interagency agreements, provision of grants/loans, eviction, and community events.

EXEMPTION TYPE 9: Acquisition of land and existing structures for affordable housing.

• Transfer of management authority, subdivision/consolidation, condemnation, disposal for development, execution of right-of-entry, leasing private land, land exchanges, and acquisition of interests (fee simple/easements).

EXEMPTION TYPE 10: New construction of affordable housing.

Part 2 Actions – Development of affordable housing:

• Construction of single/multi-family residential units, requisite offsite infrastructure, and accessory commercial activities within the development.