In an effort to speed up permitting processes for properties throughout the state, a bill carried over into the 2024 legislative session is aiming to narrow the definition of historic properties.
While the current statute defining “historic property” only states that the site must be older that 50 years, the latest version of Senate Bill 68 would also require that it meet the criteria for inclusion in the Hawai‘i Register of Historic Places or that it have important value to Native Hawaiians or other ethnic groups through associations with cultural practices, beliefs, events or cultural identity.
Associations with traditional beliefs, events or oral accounts important to history, traditional practices and cultural identity also are criteria.
“Because of the state historic preservation statutes, part of it is cumbersome to initiatives by the state right now to create housing,” said Sen. Lorraine Inouye (D, Hilo-Pepeekeo), who introduced SB 68. “We’ve added a lot of positions to that office, but we also want to consider how we’re looking at making sure to consider economic benefit, as well as speed up permit approval.”
The current statute defines a historic property as any building, structure, object, district, area or site, including heiau and underwater sites, that are more than 50 years. However, many structures in the state, particularly those built around plantation communities, are well over 50 years old, Inouye said.
Having an overly broad definition of what makes a historic property can dilute the importance of truly historic properties, said Historic Hawaii Foundation director Kiersten Faulkner.
“There are places that are important because of what we can learn about Hawaii, its people and events and efforts of the past,” said Faulkner. “The idea of having additional criteria helps to differentiate between places that are historic and places that are just old.”
In the 2023 legislative session, SB 68 drew mixed reviews in the written testimony it received. About half of the testimony — including from the Department of Land and Natural Resources and the Hawaii Association of Realtors — was in support of a previous version of the bill. The latter of the two wrote that the current statute has caused difficulties for owners of homes older than 50 years, who must comply with the historic preservation review permitting process even when their property has no historical significance.
Faulkner also submitted written testimony on behalf of the Historic Hawaii Foundation last year, expressing the foundation’s support for the intent of the bill, with a caveat.
While Faulkner acknowledged the value of clarifying the definition of “historic property,” she emphasized the importance of apply- ing professional judgement when making such determinations.
The Department of Land and Natural Resources oversees the State Historic Preservation Department, which would be responsible for defining the types of professional disciplines, education and experience that would qualify a person to determine a site’s cultural significance, Faulkner explained.
While hiring such qualified experts to determine a historic site is already a typical practice for larger developers, smaller property owners would be less likely to have access to people with such expertise, which could cause further complications, she said.
“That effort is actually very important and can be done in a really good way, but the devil is in the details,” Faulkner said. “You want to make sure the professional making the determination is qualified to do so.”
Linsey Dower covers ethnic and cultural affairs and is a corps member of Report for America, a national service organization that places journalists in local newsrooms to report on undercovered issues and communities.
