In order to legally build anything in a protected Conservation District in Hawaiʻi, the project MUST meet eight criteria.  There are NO legal exceptions to this.  The criteria are:

 

Hawai`i Administrative Rules Title 13, Chapter 5

(c) In evaluating the, merits of a proposed land use, the department or board shall apply the following criteria:

 

(1) The proposed land use is consistent with the purpose of the conservation district;

 

(2) The proposed land use is consistent with the objectives of the subzone of theland on which the use will occur;

 

(3) The proposed land use complies with provisions and guidelines contained in

chapter 205A, HRS, entitled “Coastal Zone Management” where applicable

 

(4) The proposed land use will not cause substantial adverse impact to existing natural resources within the surrounding area, community or region;

 

(5) The proposed land use, including buildings, structures and facilities, shall be compatible with the locality and surrounding areas, appropriate to the physical conditions and capabilities of the specific parcel or parcels;

 

(6) The existing physical and environmental aspects of the land, such as natural beauty and open space characteristics, will be preserved or improved upon, whichever is applicable;

 

(7) subdivision of land will not be utilized to increase the intensity of land uses in the conservation district; and

 

(8) The proposed land use will not be materially detrimental to the public health, safety and welfare.

 

The applicant shall have the burden of demonstrating that a proposed land use is consistent with the above criteria. ;