Land Use Laws

Issue

The Land Use Laws for the County and State continue to be poorly understood and actually are quite confusing. This lack of clarity is used by all sides in the public debate about land use but in the end is a significant cause of complaints about the County/Planning Department and about the development community.

• This situation is partly due to the “dual system” of State and County Land use laws which are not always compatible.
• This leads to a great uncertainty as to what can and can’t be done. This situation is exacerbated by the use of “Administrative Policies” which do not have a clear legal role in the process and generally are not known to the public.
• Project by project regulation and a reliance on litigation to solve planning and zoning issues has become a ‘norm’ and this is unacceptable.
• Poor coordination between State and County and between State, County, and others in the understanding of plans and their impact.
• The use of the “Agricultural” classification in many areas where agriculture cannot be effectively or economically practiced is confusing to all.

Position

Kona-Kohala Chamber of Commerce:
1) Supports the concept of “Home (County) Rule” for land planning provided that the County laws are first made compatible with the existing State laws and that the laws and interpretations are clear, available to all, and readily understandable to a layman.
2) Encourages and supports the County and State administration in a public education program to ensure land use laws are clearly understood and that this information is readily available. We understand that the Planning Department has made some moves in this direction and this will be encouraged.
3) Supports State and County legislation that seeks to coordinate and simplify land use laws.
4) Encourages and will participate in the definition of important Agricultural lands based on historical use and economic viability of farming such lands.
5) Supports the concept of Concurrency but remain concerned about the detail and requirements that are still to be advised, and support the aims of Smart Growth Planning.