For decades, the State Land Use Law has protected our environment, cultural heritage and quality of life.
It protects places like Mahaulepu on Kauai, the North Shore of Oahu, Laau on Molokai and Hana, Maui, from unbridled development.
When developers proposed a massive residential development next to historic Kealakekua Bay, Hawaii County officials supported the project, labeling the millionaire mansions in the middle of aa lava flows as "farmhouses."
Given the development’s impact to class AA waters, burial sites, trails and stunning natural beauty, the public turned to the state Land Use Commission for help. The commission asked the tough questions and saved this magical area from development.
For decades, developers and county officials have fought to urbanize Ooma, located near Kaloko-Honokohau National Park on Hawaii island. Development in this area jeopardized class AA waters, anchialine ponds, archaeological sites and open space.
The Land Use Commission consistently rebuffed efforts to urbanize this wild coastline. Finally, citizens were able to convince the county to buy this popular surf spot.
The State Land Use Law offers protections that no city or county process provides.
For example, it is illegal to give money to members of the Land Use Commission. In contrast, mayors’ and councilmembers’ campaigns are funded primarily from development interests. Furthermore, developers frequently meet behind closed doors with county officials. Such conduct before the state Land Use Commission is forbidden.
In addition, the State Land Use Law allows members of the public to cross-examine developers and present their own evidence. County agencies generally limit public testimony to three minutes, without any opportu- nity to ask the tough questions of developers.
It is no surprise, then, that developers routinely call for abolishing or amending the State Land Use Law.
Calls to eliminate the Land Use Commission are really calls to reduce public participation and to open up hundreds of thousands of acres of land to massive development.
The commission does more than protect our natural and cultural resources. It also saves taxpayers money. When developers build far away from existing public infrastructure, taxpayers wind up paying to provide public services.
The State Land Use Law ensures that we do not have to spend additional tax dollars to provide libraries, schools, highways and other services to new development.
That’s not to say that the Land Use Commission is perfect. The Sierra Club and others have successfully challenged some of the commission’s decisions. And too often the Land Use Commission has failed to seriously consider the impact of development on our roads and the tendency of developers to break their promises.
Nevertheless, it adds a layer of protection that the counties too often fail to provide.
For a year now, the Office of Planning has been holding meetings regarding implementation of the State Land Use Law. Not one developer has been able to identify a single affordable housing project that has been delayed by the State Land Use Law. In fact, most often delays are created by developers who attempt to circumvent the law, or fail to have adequate financing.
The State Land Use Law provides balance in a system that is too often tilted in favor of developers.
