§6E-42.2  Excluded activities for privately-owned single-family detached dwelling units and townhouses, residential projects, and nominally sensitive areas.  (a)  An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and is:

     (1)  Listed on the Hawaii or national register of historic places, or both;

     (2)  Nominated for inclusion on the Hawaii or national register of historic places, or both; or

     (3)  Located in a historic district.

     (b)  An application for a proposed project on an existing residential property shall be subject to the requirements of section 6E-42 only if the existing residential property is over fifty years old and is registered on the Hawaii register of historic places.

     (c)  An application for a proposed project in a nominally sensitive area shall not be subject to the requirements of section 6E-42.

     (d)  For the purposes of this section:

     "Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.

     "Nominally sensitive area" means a project area that is known to include a low density of historic, cultural, or archaeological resources, or where the project area has been substantially disturbed by previous excavation or other ground-disturbing work and no significant historic properties have been previously identified.

     "Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.

     "Townhouse" has the same meaning as in section 502C-1. [L 2015, c 224, §2; am L 2025, c 293, §2]