The Honolulu City Council advanced a measure Wednesday that would activate the Historic Preservation Commission, which has remained dormant for the past 29 years.

While the Council approved the creation of the commission in 1993, it has not been staffed and commissioner posts have not been filled.

Honolulu, the only county in the state that does not have a functioning commission of this type, largely relies on the Department of Planning and Permitting as well as Hawaii’s State Historic Preservation Division to review projects with the aim of ensuring that development does not result in the destruction of historic sites such as Hawaiian heiau or iwi kupuna.

Office of Hawaiian Affairs specialist Kamakana Ferreira testified in support of the measure. “As you’re likely aware, historic preservation concerns are a recurring theme for a lot of our Hawaiian beneficiaries,” Ferreira told the Council.

“While the other preservation commissions in other counties are certainly not perfect, they’ve definitely been invaluable in a lot of cases over the decades and have definitely been an asset to (the Department of Planning and Permitting) and SHPD.”

There have been some communication glitches involving DPP, a city department, and SHPD, which is housed within a state department. For example, in 2018 iwi kupuna was found during construction on an Aina Haina hillside. DPP granted permits to a developer despite having being told by SHPD over a decade earlier that no permits should be issued for the property without an archaeological study. DPP had reportedly misplaced SHPD’s letter calling for a study.

City Managing Director Mike Formby said while the administration supports historic preservation, it wants to make sure some issues are addressed before activating the commission. Topping the list is a call for assurance that commission actions will not increase the amount of delays already being seen at the state level in assessing preservation matters.

“The second one is one that I think our attorneys need to take up and that is that corporation counsel has advised me that they’ve been talking with the Office of Council Services regarding legal concerns,” Formby said. “I just want to make sure that that is resolved so that we don’t stand up a commission and then have it be subject to legal challenge.”

The Council voted unanimously to pass the measure, Bill 44, out of its second reading. It will next be heard in the Council Housing and Economy Committee. Council member Esther Kiaaina, who introduced the bill, urged the city to quickly resolve the issues.

“In order to mitigate the likelihood of destruction of historic sites, and the desecration of our iwi kupuna on Oahu, and increase coordination with the State Historic Preservation Division, I believe that the Oahu historic preservation mission should operate in a way that balances the need for unnecessary oversight of Oahu’s historic properties, without adding to the existing time for the city to process building permits and other approvals,” she said.

Council member Andria Tupola urged the city administration to activate the commission. “I would love to see more action from the administration to show that we are progressing towards getting to that place where this is not something that we’re discussing. Because if it’s in law already, we should be doing it already,” she said. “My main concern is that we’re over here begging for things that are implemented to be executed.”

DPP told the Council that the changes that would be implemented through the bill would not necessarily increase the already hefty backlog of building permit applications.

However, the Building Industry Association of Hawaii submitted testimony voicing concerns and requesting deletion of a section of the bill that requires the commission to review all proposed projects that impact the significance or integrity of historic properties, including those identified in the Oahu historic property system. The association maintained that this step was already being conducted by SHPD.