Category Archives: Government Codes & Legislation

Working with local, state and federal government to help shape laws that support sustainable community in Hawaii and around the world.

Don’t allow unchecked development of Public lands

Date: Mon, 20 Aug 2012 22:58:52 -1000


From: Amara Karuna <>

Subject: Love the Land, Use your voice ASAP- pls forward

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If you love Hawaii, and want to protect our public lands from unsupervised commercial and energy development – it’s the time to say so!   Even if you usually never get politically involved… the land needs your voice now.


This can affect your neighborhood… please read!


Please forward this to all your friends on all the islands- it affects everyone.

See below on how to voice your opinions.


Is This A Good Idea?

A corporation for development of public lands, exempt from taxes, zoning, building or land use laws?

Report by Amara Karuna

Monday, August 20th, 2012


Should businesses get out of following all those pesky laws that we locals have to?

Should they be able to build what they want without getting comments from the neighbors?   And then charge the costs to the people living nearby?   And not pay any state taxes at all?

And who really owns those public lands anyway?  Does the state really have the authority to give them away or do they belong to the Hawaiian people?  And who decides what projects happen, under what criteria?

These are only a few of the questions raised by the passing of Act 55, which created a corporation to encourage private development on our public lands.  This bill was rushed through the Hawaii State government in record time… it took only 3 days to vote it in and sign it.  There was no time for public commentary.

Over 100 concerned citizens of all kinds attended a meeting in Hilo on Monday, to give feedback on the proposed administrative guidelines under which the Public Lands Development Corporation (“PLDC”) is to operate.

Every person testifying was strongly against of what is being proposed, and many spoke with heartfelt depth and well considered points.  It was one of the most inspiring political gatherings I have ever witnessed.  There was a tangible feeling of solidarity and fierce protectiveness of our beautiful home.  If you are feeing intimidated and overwhelmed by the politics on your island, try attending one of these for support.  I felt proud to be living here with these strong, dedicated, spiritually aware people.


This was only the first of several public hearings that are being held, and I urge you to take the time to go to the ones on your island, and to send your opinion in writing, and to encourage all your friends to also do so.  As one woman said, “Don’t get angry, get busy!”

There is a bill being proposed to repeal this legislation.  Let’s put our power behind that.


The rocks, trees, oceans and creatures cannot speak for themselves.  We are their voice.


We have until Sept 14th to comment… please send your testimony sooner than later.



Hearing Schedule:


August 21 (6:00 p.m.) Kona (Konawaena High School Cafeteria)

August 24 (6:00 p.m.) Maui (Maui Waena Intermediate School Cafeteria)

August 27 (6:00 p.m.) Molokai (Mitchell Pauole Community Center)

August 29 (6:00 p.m.) Oahu (Dept. of Land and Natural Resources Kalanimoku Building, Room 132)

August 31 (6:00 p.m.) Kauai (Elsie H. Wilcox Elementary School)


Can’t make it to these hearings? Please send your comments via written testimony to PLDC, P.O. Box 2359, Honolulu, HI 96804, prior to Sept 14.


Make testimony brief, only a few sentences, and to the point.  Try to keep comments non-abusive and rational in language.


Please ask the “PLDC” to improve their draft administrative rules, which currently don’t adequately protect our environment, neighborhoods, and cultural traditions.


Email comments accepted prior to Sept 14 at – <> and  for those who are unable to provide in-person testimony.



So, you want the details?

State moves towards privatization and development of public lands without regard to zoning or land use laws


From the Sierra Club:


Tell the PLDC to protect OUR public land for future generations!


The PLDC can exempt development projects from normal oversight. The upcoming hearings are a terrific opportunity to ask the PLDC to establish common sense protections that protect our beaches, parks, and schools from greedy developers and development projects.

171C-19, (quoted below) is exempt from many requirements that affect other developers.


The PLDC is a vehicle to facilitate development on public land by providing special favors such as state money and permit avoidance.


The rules, as written, don’t require hearings on the Big Island, for example, if the PLDC wants to do a project on the island, Harris said. Nor would the corporation’s governing board be required to get the county’s input on any proposal, he added.  “Right now, they can essentially ignore the county,” Harris said.


When legislators were first discussing creating the corporation, people in support made vague promises that no “bad projects” would be approved, Harris said. The rules don’t spell out what kind of projects the corporation may pursue, nor do the rules give specific criteria for approving projects, he said. That is another cause for worry, he added.


The rules require, among other things, for counties to bear the cost of improvements in areas the corporation deems assessment areas and for county water supply boards to bear the cost of water improvements. The rules would allow the corporation to require “abutting property owners at their expense to construct, maintain and repair sidewalks and curbs in front of the abutting property.”  If the PLDC requires utility lines to be moved, neighboring property owners must then pay for new connections to the lines.


The proposed rules changes are available at The public may request a written copy of the rules by writing to the PLDC at PO Box 2359, Honolulu, Hawaii 96804.




In January of 2011 Samuel J. Lemmo, the Administrator for OCCL, Office of conservation and coastal lands gave a presentation about changes that they were making within conservation lands. This changes were marked as Sub-zones in the conservation lands.


“There will be many reasons given to sacrifice our pubic lands for all kinds of destructive activities such as drilling for water, geothermal and anything else they can make money off of as well as pushing too develop these lands for commercial purposes with little public or county meaningful input or participation.


This will spread and speed the destructive kind of developments we have seen particularly on Oahu and Maui like never before. Expediting the degradation of our remaining precious natural environment and way of life . The roads alone they make for these projects, wells and developments as we have see all over the Hawaiian islands are a huge threat to our remaining native forest.


Developments DNR has permitted in the past and will be pushing for now and in the future have devastated our forest, beaches, coastline, and other natural areas for corporate interest, the PDC will further and speed the progressive destruction of our environment.”



More from Robert:


Once the rules are made it will be much harder to object as they will argue this was your chance to be heard…..It is not just geothermal, it’s ammonia factories, hydrogen manufacturing, ocean strip mining, space ports or anything else they can come up with.


They want to charge you for improvements to “their” development and force you to pay through liens on your property. Landowners could lose their home or property if they do not have money, or want to pay who knows how much for improvements for the development that has nothing to do with them.


page 18,


They want to authorize the imposition of underground utility connection costs on private property without the landowners consent . The rules appear to wrongfully exceed the legislative authority in this regard. They are overstepping their authority.



If you have questions or information e-mail Robert Petricci  at <>

For those who want the specifics:

FYI the following information is to help prepare for the hearings:


The Public Land Development Corporation (PLDC) created by last year’s legislature (Act 55, adding a new Chapter 171C to the Hawai`i Revised Statutes [HRS]) to exploit public lands commercially (pursuant to HRS § 171C-19, quoted below) is exempt from many requirements that affect other developers.  The PLDC is a vehicle to facilitate development on public land by providing special favors such as state money and permit avoidance.


Senate Resolution 25 (2012) urges the PLDC ‘to identify public trust land on the Islands of Hawaii and Maui with geothermal resources that may be developed”  and to “work with the Department of Land and Natural Resources to develop and implement geothermal projects on the Islands of Hawaii and Maui.”


Combining special favoritism through economic support and permit avoidance is consistent with how the State has treated geothermal development in the past, but now that approach is formalized in the PLDC to an extreme.




Notwithstanding section 171-42 and except as otherwise noted in this chapter, projects pursuant to this chapter shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon; provided that the public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

HRS § 171C-19

Voting against the legislation creating the PLDC were Representatives Awana, Belatti, Brower, Hanohano, Jordan, C. Lee, Luke, Saiki and Wooley plus Senator Ihara.



Sustainable Living Research Resolution proposal



Concerning Sustainable Living Research Sites in the State of Hawaii



The purpose of this Resolution is to support the worldwide transition to a livable, just, and sustainable civilization, by requesting and urging the Government of the State of Hawaii to enact legislation that would allow Hawaii’s County governments to permit the establishment and operation of “Sustainable Living Research Sites” on lands designated “agricultural” under state law [when the land involved is less than fifteen acres in size?].


A Sustainable Living Research Site is an area of land on which the legal owners and/or occupants are permitted to engage in activities and erect structures that might not otherwise be permitted under state and/or county law.




WHEREAS it is widely recognized that increases in human population, declining natural resources (topsoil, forests, fisheries, minerals, and fuels), rising levels of air and water pollution, climate change, unemployment, poverty, and other dangerously disruptive trends require immediate and creative responses by private and governmental entities of all sizes, at all levels; and


WHEREAS the “Hawaii 2050” plan calls upon all sectors and individuals to take action for the sustainability of the state’s economy, resources, environment, and quality of life; and


WHEREAS the County of Hawaii Resolution 249-09 adopted the “Sustainability Primer” which recognizes that there are “structural barriers that actually prevent people from being able to meet their own needs;” and


WHEREAS many citizens, families, organizations, and communities of Hawaii are ready, willing, and able to develop, test, refine, and implement a wide range of innovative methods, technologies, and holistic systems that increase the productivity, resilience, health, and sustainability of Hawaii’s economy, ecosystems, people, and culture; and


WHEREAS truly sustainable living frequently involves new and innovative methods, technologies, and holistic systems that conserve, harvest, and produce energy; increase net-negative CO2 output (“forests versus fires”); conserve and harvest fresh water; conserve and improve topsoil without expensive or toxic inputs; increase local food quality and security using organic methods and local materials; increase biodiversity and protect wildlife; provide onsite waste treatment and recycling with minimal or zero air and surface or ground water pollution; increase the supply of affordable housing by using on-site timber and re-using/recycling discarded/”waste” lumber, windows, plumbing supplies, and other manufactured goods; reduce the need for and use of imports from distant places while increasing the use and employment of local materials, labor, skills, and products; enrich neighborhood educational, vocational, and cultural opportunities for all ages while enhancing their experience of place and community; reduce the need for expensive public infrastructure and services; stimulate private investments in sustainable development; and


WHEREAS the development, testing, and refining of the aforesaid methods, technologies, and holistic systems for sustainable living frequently requires activities and structures that Hawaii’s County Governments might not be authorized to permit on lands designated “agricultural” under state law; and


WHEREAS a Sustainable Living Research Site is an area of land on which the legal owners and/or occupants are permitted to engage in activities and erect structures that might otherwise be prohibited or unduly constrained by state and/or county law;


NOW, THEREFORE, BE IT RESOLVED that the Hawaii County Council supports the establishment of Sustainable Living Research Sites in Hawaii and hereby requests and urges the Government of the State of Hawaii to enact legislation which authorizes Hawaii’s County Governments to permit Sustainable Living Research Sites [on areas of less than fifteen acres?] on land designated “agricultural” under state law; and


BE IT FURTHER RESOLVED that the Hawaii County Council will work with state officials to prepare and promote such legislation.




Have you broken these rules for contractors?

As usual most anything can be done legally (though not necessarily well) if one pays a lot of money to engineers and contractors.
Here is a relevant HAR DCCA chapter (77) regarding contractors:

Sixty (60!) pages. Starting on page 42 of the PDF is Exhibit A, specialty contractor classifications.

I haven’t tried to look up similar docs for engineer licensing. Too depressing.

In any case it’s obvious that in the alleged state of Hawai’i mere mortals who happen to know how cannot do anything “sustainable” in these domains. Only licensed engineers and contractors can. Legally, that is.

I wonder what percentage of Puna residents have *not* broken at least one of these rules?



Special Permit requirements for Farmers Markets

From: Graham Ellis
Sent: Friday, May 11, 2012 8:06 AM
To: Jeff Darrow
Planning Dept.

RE: Special Permit requirements for Farmers Markets and Community Buildings on land zoned Ag.

Dear Jeff,
Following our  Hawaii Sustainable Community Alliance meeting yesterday l am writing to request your feedback on two further questions.

Regarding Ordinance 96-160 Chapter 25 Zoning
under Section 25-4-11 (c) it states “Community, public, and public service buildings, Public uses, structures and buildings and community buildings are permitted uses in any district provided (they conform to the general plan) and the director has issued plan approval for such use.

1. Does this mean that the Director can approve such plans ‘without’ the need for a Special Permit? Please clarify.

In Article 5 zoning District Regulations ‘Community Buildings’ are listed as permitted uses without need for a Special Permit in almost every zone except Section 25-5-72 Agricultural. At the Planning Commission meeting May 3rd the Planning Director said that it is an anomaly that Farmers Markets are not permitted uses on land zoned Ag and require Special Permits.
Mr. Ellis,

The following are responses to your questions:

Question No. 1:

The Planning Director cannot approve a use if the use requires a Special Permit under State Law, as in the case of community centers located in the State Land Use Agricultural District.

Additionally, Chapter 25-4-11 is currently incorrect.  These uses are not permitted in any district, as noted in Section 25-5-72, which lists Community Buildings needing a Special Permit in the County Ag and State Land Use Ag Districts.

Question No. 2

Even if a change was done in the County Zoning Code to allow community centers and farmers markets in the County Agricultural zoned districts, they would still require a Special Permit if the use is located within the State Land Use Agricultural District.  A change would need to take place in Chapter 205-4.5 of the Hawaii Revised Statutes, as amended (permissible uses in the Agricultural District).


Jeffrey Darrow, Planner
County of Hawaii Planning Department


register to vote!


Hawaii Sustainable Community Alliance efforts are currently focused on changing government regulatory obstacles to sustainability and community.

We need to support candidates who support us!!

Register to vote.

July 12 is the deadline to register for the August 11, 2012 Primary election.

Who May Register to Vote?

You may register to vote if you are:

A citizen of the United States of America;

A legal resident of Hawaii; and

At least 18 years of age.

How to Register to Vote?

By Mail: Mail in voter registration form is widely available. Mail the completed Affidavit on Application for Voter Registration to the Office of the City or County Clerk where you reside.

In Person: Visit the Office of the City or County Clerk where you reside to complete an Affidavit on Application for Voter Registration.

Department of Motor Vehicle: The State of Hawaii Application for Motor Vehicle Driver’s License also contains a Motor Voter Affidavit on Application for Voter Registration allowing any individual to simultaneously apply for a driver’s license and register to vote.

Where to Get a Voter Registration Form?

Affidavit on Application for Voter Registration brochures are available at:

Public libraries

U.S. Post Offices

Phone Directory

State services agencies

University of Hawaii System

Office of Elections’ website (<>

Do You Need to Re-Register?

If you have changed your address or changed your name:

You must re-register.

Complete an Affidavit on Application for Voter Registration by mail or in-person at your City or County Clerk.

Your voter registration record will be updated upon receipt of a properly completed affidavit.

Notice to First Time Voters Who Register to Vote by Mail:

If you are (1) registering to vote for the first time in the State of Hawai’i; and (2) are mailing in this Affidavit on Application for Voter Registration you must provide proof of identification. Proof of identification includes a copy of:

A current and valid photo identification, or

A current utility bill, bank statement, government check, paycheck or government document that shows your name and address.

If you do not provide the required proof of identification with this Affidavit on Application for Voter Registration, you will be required to do so at your polling place, or with your voted absentee mail-in ballot.

Questions? Contact:

County of Hawaii: (808) 961-8277


Oregon Ecovillage links

In Oregon in general, Recode Oregon is a great resource, with relevant activities re code issues in diverse parts of the state:

Portland is buzzing with related activity. At least seven Cohousing groups listed in the CohoUS directory, find them here by scrolling down to Oregon:

The FIC site has a directory of intentional communities, here’s Oregon’s listing:

Some particular ones I know of include Tryon Community:

Columbia Ecovillage:

Kailash Ecovillage in SE:

City repair (founded and still headquartered in Portland) may have info on ecovillage activities as well, plus being a live example of reclaiming the commons and asking for forgiveness rather than permission:


Planning and Zoning for Ecovillages

The best article l’ve found on Planning and Zoning for Ecovillages is


and be sure to check out our sister organization on Maui and their excellent power point presentation on ecovillage zoning


From the County of Hawaii’s “Sustainability Primer” report

From the County of Hawaii’s “Sustainability Primer” report
Adopted by the Council Resolution # 249 November 4th 2009 page 23

“This is a journey that is going to take unprecedented leadership. We are not going to get the future we want if we sit back and wait for someone else to start first. What the world needs now, more than ever before, is leadership. Role models. Champions. People who are willing to stand up and make a difference….Effective sustainability champions have a special combination of passion and competence. They care deeply enough to make change happen, even if the obstacles seem great. And they are skilled enough and committed enough to identify those obstacles and remove them one by one.”

HSCA members could be these champions, role models and leaders they are seeking………………
Together, let us work to remove the obstacles to sustainable living…………one by one.



HSCA requests review of the Special Permit process

From Hawaii Sustainable Community Alliance

SPACE and Belly Acres are facing challenges to their special use
permits.  They are test cases for other groups wanting to do the
same.  Their success is vital for setting a precedent for others of
us to use this legal process, in order to use our Ag land for other
purposes such as gatherings and classes.

The Hawaii Sustainable Community Alliance
is proposing that the County of Hawaii  review the Special Permit
process which community non profit groups have to undertake if they
want to legally provide facilities and programs for their own

There are undoubtedly dozens of island wide groups of all sizes
serving their communities, but acting outside County or State
ordinances.  Many of them intentionally keep a very low profile and
most have their energy and successes stifled by the fear of official
retribution. This handicaps many sustainable community initiatives.

Neighborhoods providing non profit services for themselves benefits
everyone, especially taxpayers who are saved the costs of providing
these services.

While sustainable living and community development are both highly
valued at all levels of the County Administration on this island,
there is a reason that only two ‘sustainable community groups’  have
obtained Special Permits for their activities and one was recently
revoked by the Planning Department.  It is a lengthy and expensive
process at the moment.

Communities are vulnerable to complaints from neighbors, and assumed
guilty with no way to discuss or face our accusers. Big Island Weekly
is coming out with a story on the 26th on this topic of how the
complaint driven system affects us all.

HSCA is requesting to present proposals to remove the obstacles and
challenges that currently deter small community groups from applying
for County permits to operate legally at the Windward Planning
Commission Meeting on May 3rd in Hilo.


Legality of the Complaint Driven Process of Building and Land Usage Inspections

The Complaint Driven Process of Building and Land Usage Inspections

Are these processes or action themselves illegal (under County, State or Federal constitution and/or other applicable laws relating to due process and similar)?

Points are:

* No criteria or process at county level for determining validity of complaint. Might the county be setting itself up for liability/legal action by prosecuting a fraudulent or otherwise invalid “complaint”?

* Anonymity of accuser. Is this permissible in civil or criminal court? That the accused not be allowed to know who the accuser is? If not, then how can it be allowable in this context?

* Accused is presumed guilty. This is in direct contradiction to our civil and criminal legal systems where accused is presumed innocent pending attempts to prove guilt.

* No formal procedure to respond to complaints. Again this is not allowed in our civil or criminal legal system. Could this be grounds for a civil lawsuit against the county?

I’m NOT advocating lawsuits against the county pre-emptively.
I’m suggesting that IF such lawsuits would have firm legal ground, the county needs to be aware of this and be aware that by doing what they’re doing WRT their current complaint process, they are putting themselves at risk of such lawsuits.

John S.