2021-05-06 Windward Planning Commission Minutes

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have enforcement provisions or enforcement actions. The Federally approved program builds in a component called monitoring enforcement where they look at patterns of non-compliance. For example, if the Planning Commission or County Planning Department repetitively approves shoreline structures that should not be approved the State my step in and question administratively. Mr. Nakagawa stated that sometimes calls are received from the public on SMA permits issued and enforcement action is not started as there is no enforcement provision. Instead, they work with the County to get information, ask questions and it is exceedingly rare a situation would need some type of action to be taken. Commissioner Au appreciated the comments made to his question. Mr. Nakagawa also expressed his appreciation for the Commissioners time and the opportunity to provide a broad overview of the CZM Program and SMA and Shoreline Setback. This hearing item ended at 11:31 a.m. [SEE ATTACHED POWERPOINT PRESENTATION EXHIBIT Q The Commission took this item up at 11:31 a.m. The Planning Department staff Alex Roy and Maija Jackson did a presentation on the Coastal Zone Management and SMA permitting and shoreline permitting process from the County of Hawai`i's perspective. Ms. Jackson answered Commissioner Au's previous question concerning enforcement and who regulates enforcement. She stated for our County the statutes says that the Commission is supposed to enforce the SMA law. But, in Hawaii County the way our rules are written the Planning Commissions had given the delegated authority to the Planning Director to enforce the SMA area. So, he issues a notice of violations if there are complaints for the SMA area and the Director also has the authority to enforce violations within the shoreline setback area. During the presentation by Mr. Roy, Commissioner Replogle asked a question on coastal ecosystems. He asked if the CZM permitting can do anything about a coastal property that is being destroyed by use but there is no development. Mr. Roy replied once it passes makai of the shoreline that the two agencies of DLNR the Dept. of Aquatic Resources (DAR) and Office of Conservation and Coastal Lands (OCCL) manages all the submerged lands out to 3 miles. So, any impacts to coral reefs and submerged lands would be their focus and you would have to go through the regulatory process of OCCL and possibly Board of Land and Natural Resources (BLNR) and Department of Health (DOH) for water quality. He also stated it is the Planning Department and the Commissioner's jobs to ensure development does not add to those impacts and if it is out into the water the hope is that DLNR would provide some protection. Mr. Roy replied if that answered his question or not. Commissioner Replogle replied somewhat but his question actually was geared to the land that is there now and not specifically out on the reef but, the human activity taken place on open space that is destroying it. An example given was the Department of Hawaiian Homelands (DHHL) at Kalae where all kinds of ATV activity and other activities occurs, and the place is being trashed. Mr. Roy replied unmanaged lands, coastal lands is an issue when we don't have a nexus to impart conditional protection or preservation or mitigation. He was unable to give a direct answer and stated maybe the County can look into how to manage lands that are undeveloped but Page 3 of 5 Windward Planning Commission May 6,2021 Minutes