12-2-2021 Opinion of the Supreme Court

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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** Department had received a complaint that Bolton was operating a quarry on the parcels and using the parcels as an equipment base yard without an applicable special permit . A subsequent investigation revealed that Bolton appeared to be operating a rock crusher for commercial purposes (i .e . , operating a quarry) on Parcel 44, storing construction equipment on the parcels (i .e . , using the properties as a construction base yard) , and maintaining a junk yard on the parcels . The letter warned Bolton that those activities potentially violated the Zoning Code, 8 and requested a response from Bolton by April 30, 2016 . The letter stated that if Bolton wanted to conduct a commercial quarry operation, it could "submit an application for a special permit that would allow for the creation of a (Quarry) and would ( . . . continued) application of [the Zoning Code] , may, within thirty days after the date of the director' s written decision, appeal the decision to the board of appeals." HCC § 25-2-20 (a) (2019) . The Board of Appeals " [h] ear[s] and determine [s] appeals from final decisions of the planning director or the director of public works regarding matters within their respective jurisdictions." CCH § 6-9.2 (a) (2018) . e Under state law and Chapter 25 of the HCC ("Zoning Code") , land within the state agricultural land use district is restricted to certain permitted uses. See HRS § 205-4.5 (a) (2017) ; HCC § 25-5-72 (a) . " [E]nforcement of the restrictions and conditions relating to land-use- classification districts in a county" is delegated "to the county official charged with administering the zoning laws for that county[ . ] " County of Hawaii v. Ala Loop Homeowners, 123 Hawaii 391, 408, 235 P.3d 1103, 1120 (2010) (quoting Pono v. Molokai Ranch, Ltd. , 119 Hawaii 164, 189, 194 P.3d 1126, 1151 (App. 2008) ) , partially abrogated on other grounds by Tax Found. of Haw. v. State, 144 Hawaii 175, 439 P.3d 127 (2019) ; HRS § 205-12 (2017) . In this case, the official responsible for administering the zoning laws in Hawaii County is the Planning Director, with the LPC also retaining some authority over zoning and land use within the County. 6