Malama Kahakai (Protect the Shoreline) Keep Kealakekua Wild!

WHAT ARE THE LEGAL ISSUES?
 
 

• Are the impacts of this project adequately disclosed (and therefore in compliance with HRS Chapter 343)?

NO.  (SEE Comments on  DEIS)
 
 
• Is this project agricultural in nature (and therefore in compliance with HRS Chapter 205)?

NO.  (SEE Sierra Club Declaratory Petition)
 
 
• Does this project comply with the general plan (Hawaii County Ordinance 89-142)?

NO. (SEE Sierra Club's comments on the EIS listing the relevant provisions of the General Plan)
 
 
• Is it legal to build a project like this in the special management area?

NO.
Hawaii Revised Statutes HRS 205A-26 says that "no development [in the special management area] shall be approved unless the authority has first found (A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives, policies and special management area guidelines of this chapter and any guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan and zoning;"

These objectives and policies of HRS Chapter 205A include requirements to "provide coastal recreational opportunities accessible to the public" HRS § 205A- 2(b)(1)(A); "protect, preserve, and, where desirable, restore or improve the quality of coastal scenic and open space resources." HRS § 205A-2(b)(3)(A); "protect valuable coastal ecosystems, including reefs, from disruption and minimize adverse impacts on all coastal ecosystems." HRS § 205A-2(b)(4)(A); "ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline" HRS § 205A-2(c)(3)(B); "preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources." HRS § 205A-2(c)(3)(C); and "encourage those developments which are not coastal dependent to locate in inland areas." HRS § 205A-2(c)(3)(D);