HomeMy WebLinkAbout2025-02-18 Jackson M. Bauer Testimony From: Bauer,Jackson M
To: WPCtestimonv; LPCtestimonv
Cc: Terrence Noda;Chuck Flaherty
Subject: Testimony for General Plan comprehensive review
Date: Tuesday, February 18, 2025 2:33:31 PM
Attachments: NAH AC FINAL Letter re General Plan.odf
Aloha Windward and Leeward Planning Commissions,
On behalf of the Hawaii Island Na Ala Hele Advisory Council, attached please find written testimony
in regards to the comprehensive review of the General Plan.
************************************************
Jackson M. Bauer
Hawaii Island Na Ala Hele Trails and Access Specialist,
Division of Forestry and Wildlife,
Department of Land and Natural Resources
19 East Kawili Street
Hilo, Hawai?i 96720
808-657-8041
iackson.m.bauerrcDhawaii.gov
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Hawail Trail 6 Access System
February 18,3O25
To: County ofHavvai'i
Windward Planning Commission
c/o Hilo Planning Department Office
101 Pauahi Street,Suite 3
Hilo, HI 96720
Leeward Planning Commission
c/o Kona Planning Department Office
West Havvai'i Civic Center
74-5U44/\neKeohok5|o|eHighway,
Building E, 2 u" Floor
Kai|ua-Kona, H| 96740
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From: Terrence Noda, Chair
Haxvai'i Island N5 Ala He|a Advisory Council
c/o Division of Forestry and Wildlife
19 E. Kavxi|i5treet
Hilo, HI 96720
Re.: Testimony on the Havvai1 County Draft General Plan
Aloha Chairs DeFranco and Daniele and members of the Leeward and Windward Planning Commissions,
The Hawaii Island N5 Ala Hele Advisory Council (Advisory Council)would like to express its appreciation
for the volunteer service each ofthe Commissioners provides toHaxvai'i Island. |n response toLeeward
and Windward Planning Commissions request for further public advice and assistance during their
General Plan comprehensive review process,the Advisory Council would like to assist the county
Planning Commissioners by providing the following comments and recommended amendments.
About the N5 Ala Hele Advisory Council
The N5 Ala Hele Advisory Councils were established by Hawai'i Revised Statute 198D to provide advice
and assistance to the Department of Land and Natural Resources in implementing the N5 Ala Hele
Program.
In addition, Havvai'i Revised Statutes§198O-9, "Other powers and duties of department [Department of
Land and Natural Resources]", provides further guidance: "The department:
Division of Forestry and Wildlife phnne:uo*yn4-«2z1 ss.xawm Street,Hilo,*l narzu
Department o,Land and Natural Resources pax: 808974-4226 sman:jacksvn.m.uaue,@xawao.co,
(4)Shall coordinate its activities under this chapter, including its compilation of the inventories and
classifications of trails and accesses,with other public agencies;
(5)Shall advise and,when able,assist other public agencies in the development,construction,
operation, maintenance,and regulation of trails and accesses under the other agencies'jurisdiction;......
Related Hawaii County Code Chapter 34-4(b):
"The location ofpublic shoreline and mountain areas and existing shoreline,coastal and public
mountain trails shall be determined by the [Planning Department] director in consultation with the State
department of land and natural resources and the department of parks and recreation and shall be
established by rule pursuant to chapter 91, Hawai'i Revised Statutes.The director shall solicit such
information from such agencies upon adoption of the ordinance codified in this chapter and from time
to time thereafter.Such rules shall include maps depicting the public-owned areas and the approximate
location of the existing public trails, and may provide for supplementation of listed areas and trails upon
publication of notice in lieu of rule amendment. Provided,that the rules shall be amended not less than
every five years to incorporate any supplemental changes made since prior rule adoption and toallow
public comments on practices and procedures established under such rules."
The . Island N5 Ala Hele Advisory ,
s Review of the Hawail County General
Plans
At its February 12,2025 meeting,the Advisory.Council reviewed language related to public access,trails,
recreation, and scenic resources inthe:
1) current county General Plan adopted in2OO5 (current GP),
2) draft General Plan 2040 released by the county Planning Department in 2019 (dGP2040),and
3> current draft General Plan 2045 released by the Planning Department in 2023 (dGP2045).
For your easy reference and comparison,we have excerpted the relevant Objective, Policies,and
Actions and provided then in this letter the specific language reviewed in each of these plans as follows:
1) Appendix 4, dGP2D4O
2\ Appendix 8, dGP2O45
3) Appendix C, current GP
We have also included excerpts from the Ala Kahakai National Trail Memorandum of Understanding as
the MOU directly relates tm the county of Hawaii in Appendix D.
During its review,the Advisory Council noted that both the dGP2040 and dGP2045 are complete
rewrites of the current GP.
Because of this, one focus of our review was to determine the extent to which the dGP2040 and
dGP2045 effectively include the Policies and Actions contained within the current GP. The Advisory
Council found that the dGP2040 effectively includes all Policies and Actions related to public access,
trails, recreation,and scenic resources in the current GP,while the dGP2045 does not.
Another focus was to compare the language within dGP2040 and dGP2045 related to public access,
trails, recreation, and scenic resources.
The Advisory Council found that the dGP2040 contains 23 Policies,26 Actions, and 6 Agency Actions
related to public access,trails, recreation, and scenic resources,which are presented in a straight-
forward,comprehensive, easy-to-understand,and organized manner.
However,the dGP2045 contains only 10 Policies and 3 Actions related to public access,trails, recreation,
and scenic resources. Because of the lack of organization of these within the plan,the only practical
means to find these was to:
1)go online to access the private contractor Konveio's, online website and software, and
2) learn how to use the software and key word searches.
We found the Policies and Actions are scattered throughout dGP2045, making it nearly impossible for a
member of the public or professional planner to assess the extent to which public access,trails,
recreation, and scenic resources are addressed, much less how to integrate existing laws, rules,
regulations, and programs,when compared to the rationale and actions contained in dGP2040."
Hawaii Island Na Ala Hele Advisory Councils Recommendations
After its review,the Advisory Council finds that the Objectives, Polices and Actions related to public
access,trails, recreation,and scenic resources contained within dGP2040 are far more comprehensive,
complete,and actionable as compared to the dGP2045.
In addition,the Advisory Council finds that the Policies and Actions in dGP2040:
1) better identify relevant laws,rules,regulations,public involvement,and collaboration
between the county and other agencies,including the Advisory Council,as they relate to
public access,trails, recreation,and scenic resources,
2) better assure implementation of the General Plan as it relates to public access,trails,
recreation,and scenic resources,and
3) contain the Scenic Resources Protection Programs and Strategies resulting from the Hawaii
County Scenic Resources Inventory and Mapping Project,which was specifically prepared and
completed for the General Plan comprehensive review,
For instance,the following Actions in dGP2040 are not listed in dGP2045:
1) Action 4.52,"Actively implement the Ala Kahakai National Historic Trail Memorandum of
Understanding" (document attached),
2) Action 4.56,"Establish a County of Hawaii Public Access and Trail Program with sufficient
staff and resources. Staff will be required to consult/consider recommendations of this
program in all permit reviews." The dGP2040 further lists the specific recommended elements
of this program,and
3) Action 4.93, "Establish a Scenic Resources Protection Program to identify, inventory,and
protect areas of significant beauty." The dGP2040 further lists the specific recommended
elements of this program.
We noted that the Scenic Resources Protection Programs and Strategies are not contained within
dGP2045, but are contained within dGP2040. Therefore,dGP2045 is not nearly as actionable as is
dGP2040.
In Conclusion
The Advisory Council believes these recommendations represent a more comprehensive and rational
approach to the subject of public access and trails. They are more actionable and better address the
serious implementation concerns that members of public continue expressed since dGP3O45was first
released in September 3O%3.
As such,the Advisory Council urges the Commissions to consider our recommendations for amending
dGP2O45 during your decision-making process.
Maha|o for this opportunity tocomment.
APPENDIX A
Recommended Amendments to Draft General Plan 2045 (Released in 2023), as Excerpted
from Draft General Plan 2040 (Released in 2019)
PROMOTING ACTIVE LIVING THROUGH RECREATION, TRAILS, & PUBLIC ACCESS
Public Access& Trails
SUSTAINABILITY OBJECTIVE
Number of public access sites created through acquisition or easement or enhanced with
assistance from CZM funding or staff.
POLICY
404. The County of Hawai'i shall establish: public access to and along the shoreline to
significant historic sites, public transit along the top of cliff, streams and other natural
water courses, mauka trails, facilities, and access to sites for gathering, hunting, and
other recreational purposes and in accordance with Hawai'i County Code Chapter 34.
[Rationale: Based on existing County Code 34, General Plan Policy 12.3 (I, m), Ka'u CDP
Policy 81, and Hamakua CDP Policy 48]
405. Subdividers of six or more lots, parcels, units, or interests shall be required to
dedicate land for public access for pedestrian travel from a public highway or street to
the land below the high-water mark on any coastal shoreline or to areas in the mountains
where there are existing facilities for hiking, hunting, fruit-picking, ti leaf sliding, and
other recreational purposes, and where there are existing mountain trails.
[Rationale: Based on existing HRS 46-6.5 and HCC 34-4(c)).]
406. Prior to disposing of, leasing, or transferring public lands, including public roads or
trails, public access potentials shall be assessed, documented and protected if public
access use is in the public's interest.
[Rationale: Based on existing HRS Section 46-1.5, Hamakua CDP Policy 50, and General
Plan 12.3 (n).]
407. Ensure that publicly owned historic trails and roads are properly identified, and
consultation occurs to protect the public's interests.
[Rationale: Based on the Highways Act of 1892, Hamakua CDP Policy 50, and the General
Plan 12.3 (n).]
408. Alignment of coastal trails shall consider flexibility for realignment for sea level rise
and other dynamic shoreline changes. [Climate Change]
[Rationale: Based on current status of some impacted coastal areas and research relating
to projected sea level rise impacts on coastal assets. See also California Coastal
Commission Sea Level Rise Policy Guidance.]
409. Determine the location and ownership of historic trails and roads as early as possible
in the land use application process.
[Rationale: Based on identified challenges with ownership of historic trails and roads and
the subsequent legal implications. See also General Plan Policy 13.2.3 (q)]
410. Where a subdivision is traversed by a natural water course, drainage way, channel,
or stream, the Planning Director should require a pedestrian, equestrian, and/or bicycle
path when the opportunity exists to connect to existing or future drainage or trail
corridors.
411. Trails may also be used as emergency access routes, where appropriate.
412. Support the development of a Rails to Trails type program to facilitate the
conversion of old railway segments to a public trail network.
413. Seek private-public partnerships to manage and maintain public access to the
shoreline, public trails, hunting areas, scenic places and vistas, and significant historic
sites, buildings, and objects of public interest. [Public Access]
414. Explore options and collaborate with community groups to increase access to
former sugar cane roads to be used as non-motorized trails where feasible and
appropriate.
ACTION
4.49 Amend code to require bicycle and walking path easements be developed in urban
areas to increase walkability and multimodal transportation options. [Code]
4.50 Work with the State and adjacent landowners in establishing old railroad right-of-
ways as pedestrian and bicycle trails.
4.51 Identify by GPS coordinates all existing historic trail alignments that (a) have been
recommended for preservation by SHPD, (b) appear on historic maps and/or are known
by oral tradition, and incorporate these into the County GIS database.
4.52 Actively implement the Ala Kahakai National Historic Trail Memorandum of
Understanding.
4.53 Appropriate, finance, allot, and encumber Capital Improvement Projects in support
of trail development as part of a regional trail system.
4.54 Add public access requirements as listed in Hawai'i County Code Chapter 34 Public
Access to apply to Chapter 23 Subdivision Code, SMA review, zoning code, special
permits, etc. [Code]
4.55 Develop and implement a public-private program to establish and manage specific
access points and trails.
SUSTAINABILITY OBJECTIVE
Develop and maintain a public access program that integrates recreation, subsistence,
and cultural access priorities.
POLICY
415. Integrate Public Access into County department priorities in the following ways:
a) Incorporate public access and development into a program overseen by the Planning
Department as per Chapter 34.
b) Integrate PONC property management and maintenance into the Parks and
Recreation code in Chapter 2: Article 11 and Chapter 15: Parks and Recreation.
c) Develop adequate staff to carry out the provisions of Chapter 2 Article 42, relating to
the PONC maintenance fund (as per: Section 2-214.2 (b). Pursuant to section 10-16(c)
of the Charter, the maintenance fund shall be administered and managed by the
department of parks and recreation. Adequate staff to carry out the provisions of this
article and section 10-16 of the Charter shall be provided in the department of parks
and recreation.
[Rationale: Based on identified gaps in addressing or applying public access regulations
and procedures consistently between the various County Departments. The County lacks
capacity to fulfill its existing public access objectives without increasing staff capacity,
maintenance capacity, and without having clearer directives between the various
departments to implement a cohesive public access program.]
416. Integrate County public access priorities in all aspects of land use decisions and
permit reviews.
417. Consistently integrate public access development and maintenance into Parks and
Recreation department priorities.
418. Support facility development for access management at access points and along trail
corridors.
ACTION
4.56 Establish a County of Hawai'i Public Access and Trail Program with sufficient staff
and resources. Staff will be required to consult/consider recommendations of this
program in all permit reviews. Elements of this program may include:
a) A comprehensive access inventory;
b) A public access rating system to help with prioritization;
c) Comprehensive reviews of projects (on public or private lands) that will affect
public accesses and trails;
d) Inventory of ancient trails, cart roads, and old government roads in coordination
with appropriate State agencies.
e) Public outreach and coordination element.
f) Identify agencies/groups to develop, administer, and maintain public accesses,
including developing County capacity for this purpose;
g) Identify funding sources to purchase and manage public access easement to
priority areas;
h) When public access goals will involve several landowners, acquire the public
access incrementally as opportunities arise to do so;
i) Public accesses that cross private land will be acquired and held until appropriate
management of the accesses is in place;
j) Collaborate with State and Federal agencies on public accesses that require multi-
agency involvement;
k) Develop a standardized template to promote consistency and
comprehensiveness in the public access plans required by landowners;
1) Partner with community organizations capable of assisting with public access
management;
m) Work with State agencies (particularly with DOFAW) to coordinate, survey,
develop, and manage public trails and roads leading to forest reserves;
n) In co-sponsorship with the State when possible, acquire land for public access to
historic sites and objects and to the shoreline where safe transit does not already
exist;
o) Reinstitute a Public Access Wayfinding program managed by the Planning
Department to assist interested community groups in maintaining appropriate
signage at public access points;
p) Provide cultural and safety information at trailheads;
q) Provide for substantive community input to the County Planning Department and
the County Council in order to finalize and accept priority access. Include
community input in program policy.
r) Whenever the County assumes the responsibility for posting and maintaining
signage and maintaining public accesses and other public infrastructure, a specific
County agency will be identified and assigned the aforementioned
responsibilities. [Code, Public Access]
4.57 Amend the subdivision code to better address public access issues in the following
ways:
a) Revise/Develop enforcement protocols for public access violations, including
fines for noncompliance and mechanisms to remove private obstructions from
public accesses;
b) Review Hawai'i County Code Chapter 34 requirements for public access
standards, including design that fits into surrounding community, environment,
and conditions. Establish parameters for requiring appropriate right-of-way,
parking, and comfort stations for various types of public accesses/trails and
incorporate these into Chapter 34;
c) Amend Hawai'i County Code Chapter 34 to develop a clear methodology to
modify public access routes in order to adapt to sea level rise, landslides and
erosion, and other impacts related to environmental impacts and climate
change;
d) Amend Hawai'i County Code Chapter 34, Rule 21, Chapter 23, and Chapter25 CA
1.1.1 to ensure access and trail rights-of-way during subdivision. [County Code]
4.58 Complete an inventory and database of significant natural resource areas with
recreational and trail connectivity value.
4.59 Adopt an on-going program of identification, designation, and acquisition of areas
with existing or potential recreational resources, such as land with sandy beaches and
other prime areas for shoreline recreation in cooperation with appropriate governmental
agencies.
4.60 Develop procedural rules and templates for public access agreements and Grant of
Easement (GOE) to facilitate consistency and to provide mechanisms for tracking, follow-
through, and geographic information system (GIS) identification in County of Hawai'i
systems, etc.
4.61 Develop procedural guidelines for renegotiating access agreements.
4.62 Renegotiate public accesses that were developed prior to Chapter 34 to be
consistent with Chapter 34.
4.63 Evaluate and initiate Charter & code amendments related to Public Access, Open
Space and Natural Resource Preservation (PONC). These may include:
a) Clearly distinguish categories of PONC property, such as active or passive use,
conservation, restoration, natural buffer areas, access uses, etc. (for
AGENCY ACTION
4.67 Coordinate with State agencies to improve access and access/trail management
resources (including policies, conditions, identification, cataloguing, enforcement,
maintenance, etc.).
4.68 Consider establishing a working group with surrounding land owners and the user-
community to educate users and manage ATV use to ensure that non-pedestrian
allowances are not permitted within sections of modern trails that overlap, are
congruent, or correspond to ancient or historic trails and its associated features.
4.69 Coordinate with hunting associations and other land stewards, to establish clear
hunting policies and disseminate education regarding these policies.
4.70 To facilitate greater public access to and along the shoreline and elsewhere, amend
Hawai'i Revised Statutes 520, Hawai'i's Recreational Use Statute (RUS), to make it less
ambiguous and to discourage frivolous lawsuits.
SUSTAINABILITY OBJECTIVE
Increase participation in scenic preservation programs (Heritage Corridors, Scenic
Byways, Scenic Corridors and Exceptional Trees)
POLICY
447. Hawaii County shall use the following place types as guidelines for designating sites
and viewsheds that shall be protected:
a) Distinctive and identifiable landforms distinguished as landmarks and/or cultural
landscapes, e.g. Mauna Kea, Waipi'o Valley.
b) Coastline areas of striking contrast, e.g. Laupahoehoe Point
c) Vistas of distinctive features
d) Natural or native vegetation attractive to a particular area.
e) Landscapes that are harmoniously developed, enhanced by man while maintaining
their natural appearance, e.g. Pu'ukohola, 'Akaka Falls.
f) Lands with a general slope of 20 percent or more that provide open space amenities
or possess unusual scenic qualities.
[Rationale: Based on the Standards from General Plan 7.4 (a-e) and 8.4 (c).]
448. Visual impact assessments shall include photo simulations or balloon tests with
views from various vantage points to show visual impact of a proposed project.
[Rationale: Creating visual modeling through photo simulations or balloon tests are
common strategies used in visual impact assessments in other municipalities. These
visual impact assessment tools would help achieve General Plan 7.2 Goals and policies
7.3 (b, e, h, i).]
449. Prioritize maintaining the views at scenic overlooks with a frequently maintained
vegetation management program which includes eradication of invasive species.
Coordinate this work with regular roadway vegetation management maintenance
program.
[Rationale: Based on identified challenges with vegetative management of existing scenic
overlook and the prevalence of the views being obstructed by invasive species or other
vegetation. See also Hamakua CDP 38, Kokua Action 9, and General Plan 7.2 (b), 7.3 (a, b,
c, f).]
450. Maintain a continuing program to identify and inventory exceptional trees, forest
areas, or groves/stands of trees.
[Rationale: Based on Standards from General Plan 7.3 (g) and policies 7.4 (a-e) 8.3 (j, k,
m.]
451. Maintain the Exceptional Tree Program for the recognition and protection of trees
with significant or unique historical, ecological, cultural and/or aesthetic significance.
[Rationale: Based on General Plan policy 7.3 (g).]
452. No variance shall be granted unless appropriate conditions are imposed to minimize
adverse impacts on public views to, from, and along the shoreline.
[Rationale: Based on Hamakua CDP Policy 17, General Plan goals 7.2 (a-c), and policies
7.3 (b), 8.3 (c, d). See also HRS 205A.
453. Do not allow incompatible development in areas of natural beauty that have been
identified through the Scenic Resources Protection Program.
[Rationale: Based on an identified need to identify natural beauty areas through a scenic
resource protection program and restrict development appropriately to ensure scenic
resources are not lost to development. Based also on General Plan policies 7.3 (h, i).]
[Mapping]
454. Applications for Special Permits and environmental assessment reports for proposed
changes of zone on property that may impact open space, viewsheds, and areas of
natural beauty shall include visual impact assessments and propose conditions to
mitigate scenic impacts.
[Rationale: Based on identified needs to protect scenic resources, open space and
natural beauty in the special permit process. Also based on Hamakua CDP policy 33 and
ACTION
4.88 Develop and establish viewshed regulations to preserve and protect from
obstruction scenic resources, vistas, viewsheds, open space, prominent landscapes, and
areas of natural beauty identified in the General Plan.
4.89 Develop and maintain a program to identify, inventory, preserve, acquire, and
develop (where appropriate) viewing sites on the island. [Transportation]
4.90 Collaborate with the State to modify zoning on publicly-owned parcels that have
been identified as having special cultural and/or scenic value. [Land Use]
4.91 Identify valued scenic resources in the Coastal Zone Management area. [Land Use,
Mapping]
4.92 Identify and develop scenic lookouts along highways to ensure important views
(coastal, mountain, and waterfall) are preserved from development, create various
opportunities to view these scenic resources, and develop a vegetation maintenance
program.
4.93 Establish a Scenic Resources Protection Program to identify, inventory, and protect
areas of significant beauty. The program would include:
a) Rate viewsheds and roadway corridors documented in the Scenic Resources
b) Inventory and Mapping Project (June, 2016)
c) Develop scenic resource and viewshed corridor maps
d) Develop administrative rules to implement Hawai'i County Code section 25-6-60
e) Develop Scenic Corridor Management Plan(s) for specific corridors identified. Scenic
Corridor Management Plan(s) should include permit conditions, such as design
guidelines, landscaping, screening, or structural setbacks from major thoroughfares
and highways, to mitigate any visual impacts from development.
f) Prepare Urban Design and Scenic Resource Protection Guidelines
g) Staff and Planning Commission Training;
h) Set Guidelines for Development Compatibility Standards. [Program]
4.94 Develop, maintain, and implement design standards to protect important
viewsheds and ensure structural setbacks from major thoroughfares and highways.
4.95 Develop Scenic Corridor Management Plans.
4.96 Adopt administrative rules to implement Hawai'i County Code for Scenic Corridors.
4.97 Perform a feasibility study on developing a scenic route from Waipi'o Valley Lookout
extending mauka to connect Mud Lane at the entrance of Waimea and a scenic park with
a viewing area of Hi'ilawe Falls.
4.98 Coordinate with the State to upgrade the viewing site from the rim of Pololu Valley.
AGENCY ACTION
4.99 Encourage the State to develop and maintain scenic lookouts along highways where
appropriate to ensure ocean, mountain, pastoral, and waterfall views are preserved from
development, and coordinate a regular roadway vegetation maintenance program.
4.100 Consider adding/improving viewing locations and interpretive signage near the
scenic bridges for safe parking and views of the areas' waterfalls and coastline and along
Saddle Road (Route 200) for views of the summit.
APPENDIX B
Relevant Objectives, Policies, and Actions from Draft General Plan 2045
Note:All Objectives, Policies, and Actions related to public access, trails, recreation, and scenic resources
ore included in Appendix 8 in order for the Commissions to easily understand the contrasts between
dGP2040 and dG2045. The Advisory Council determined that public access, trails, recreation, and scenic
resources ore not presented in on organized manner and that dGP2045 is clearly insufficient os compared
to dGP2040. dGP2040 is far more comprehensive and actionable.
2. Collaborative Biocultural Stewardship Goal, Objectives, Policies, and Actions
Objective 2
Preserve and enhance the health and function of watersheds to promote water recharge,
improve water quality, and reduce runoff.
Policy 2.5 Watershed management planning should recognize the ecosystem service
value of watersheds and open space to protect scenic vistas and aesthetic values; water
recharge; carbon sequestration; oxygen production; habitat enhancement and
preservation; fire suppression and fuel load management; soil conservation; preservation
of cultural values; and the potential for additional public access and recreational
opportunities.
Objective 4
The historical integrity, character, scenic assets, and open spaces of our communities are
protected, restored, and treated as unique assets with significant social and economic
value and managed in perpetuity.
Policy4.2 Increase public access opportunities to scenic places and vistas.
Policy4.3 Public access to significant historic sites and objects should be acquired, where
appropriate.
4. Land Use, 1.4 Urban Growth Areas
Objective 13
Increase the use of Smart Growth principles to focus development within designated
urban centers.
Policy 13.6 The establishment of urban types of zoning may include additional acreages
to account for acreages utilized for public benefits, such as historic sites, public access,
parks, and open space.
Policy 13.43 Coastal resort developments shall provide public access to and public
parking for beach and shoreline areas.
Policy 13.44 The development or designation of new resort areas should complement the
character of the area; protect the environment and natural beauty; respect existing
lifestyles, cultural practices, and cultural resources; and provide shoreline public access.
4.2.3 Active Living Corridors and Public Access
Objective 17
Increase transportation connectivity.
Policy 17.5 Ensure that existing active living corridors that are publicly owned or available
by easement are properly identified and that their access elements are secured and
documented.
a) Primary examples include but are not limited to historic trails and roads, roads-in-
limbo, 'paper roads', former sugar cane roads, train infrastructure remnants (Rails to
Trails), and pedestrian and bicycling paths.
b) "Acceptance" by the County of the responsibilities detailed in the grant of easements
should require County Council action and a dedicated funding source.
Policy 17.6 Provide public pedestrian access opportunities to scenic places and vistas.
Policy 17.7 Establish public access to historic and modern active living corridors and
facilities that provide an island-wide route and connect to major destinations.
Action 17.a Develop and adopt a program to establish public access to historic and
modern active living corridors and facilities that provide an island-wide route and
connect to major destinations.
4. Public Facilities and Services;4.6 Recreation
Objective 35
Park facilities are located within a 10-minute walk in urban areas and a 10-minute drive in
rural communities.
Policy 35.19 Prioritize park acquisition and improvements that involve under-represented
open recreation and healthy living activities (outside the scope of organized sports), such
as:
a) Walking and biking trails
Action 35.d Partner with government, private and nonprofit agencies, and other
stakeholders to initiate joint agreements for funding, management, and maintenance for
recreation, shared use spaces, hardened shelters, and public access priorities.
Action 35.cc Expand active open recreational opportunities at the Pana'ewa Rainforest
Zoo and Equestrian Center properties such as bike/walking trails, horse trails, dog-
friendly trails, and other outdoor recreation that would complement the Pana'ewa
complex.
5.0 Thriving, Diverse, and Regenerative Economy; , 4.1 Visitor Industry Goal, Objectives,
Policies, and Actions
Objective 48
Support the visitor industry investment in its connection with communities, the 'aina, and
our historic and multicultural heritage.
Policy48.6 Support the coordination, collaboration, and improvement of public access to
natural and
cultural resources with State agencies and landowners while balancing the need for
protection of these areas.
APPENDIX C
Relevant Language Excerpts from current General Plan adopted in 2005, as amended
Note: The elements,formatting, organization, and language in the current General Plan were completely
replaced by dGP2040. dGP2045 has completely replaced the elements,formatting, organization and
language of both. The Advisory Council determined that dGP2040 was inclusive of the current GP's
Objective, Policies, and Action, while dGP2045 does not. We also noted that the county Charter lists
"standards"in the elements to be contained within any General Plan. However, both dGP2040 and
dGP2045 do not contain the Standards in the current GP. The Advisory Council will defer to the
Commissions to determine whether or not dGP45 should contain Standards.
HISTORIC SITES
6.3 POLICIES
a) Agencies and organizations, either public or private, pursuing knowledge about historic sites should
keep the public apprised of projects.
b) Amend appropriate ordinances to incorporate the stewardship and protection of historic sites,
buildings and objects.
c) Require both public and private developers of land to provide historical and archaeological surveys
and cultural assessments, where appropriate, prior to the clearing or development of land when
there are indications that the land under consideration has historical significance.
d) Public access to significant historic sites and objects shall be acquired,where appropriate.
e) Embark on a program of restoring significant historic sites on County lands. Assure the protection
and restoration of sites on other public lands through a joint effort with the State.
f) Encourage the restoration of significant sites on private lands.
g) Collect and distribute historic sites information of public interest and keep an inventory of sites.
h) Aid in the development of a program of public education concerning historic sites.
i) Signs explaining historic sites, buildings and objects shall be in keeping with the character of the
area or the cultural aspects of the feature.
j) Develop a continuing program to evaluate the significance of historic sites.
k) Develop policies to protect Hawaiian rights as identified under judicial decisions.
1) Support the establishment of Hawaiian Heritage Corridors.
m) All new historic sites placed on the State or Federal Register after the adoption of the general plan
shall be included in the General Plan.
n) Consider requiring Cultural Assessments for certain developments as part of the rezoning process.
o) Recognize the importance of certain natural features in Hawaiian culture by incorporating the
concept of"cultural landscapes" in land use planning.
6.4 STANDARDS
a) The evaluation of the importance of specific historic sites is necessary for future action.The
following standards establish a framework for evaluating sites.
b) Importance in the life or activities of a major historic person.
c) Associated with a major group or organization in the history of the island or community.
d) Associated with a major historic event (cultural, economic, military, social, or political).
e) Associated with a major recurring event in the history of the community (such as annual
celebrations).
f) Associated with a past or continuing institution that has contributed substantially to the life of the
community.
g) Unique example of a particular style or period.
h) One of the few of its age remaining.
i) Original materials and/or workmanship that can be valued in themselves.
j) Sites with a preponderance of original materials in context and complexes rather than single isolated
sites unless they are of great significance.
k) Sites of traditional and cultural significance.
6.5 DISTRICTS
Note: All Courses for Action in all nine districts include:
"Support the establishment of Hawaiian Heritage Corridors."
Tables 6-1 through 6-8 list "Historic Sites"for each district.
NATURAL BEAUTY
7.3 POLICIES
a) Increase public pedestrian access opportunities to scenic places and vistas.
b) Develop and establish view plane regulations to preserve and enhance views of scenic or prominent
landscapes from specific locations, and coastal aesthetic values.
c) Maintain a continuing program to identify, acquire and develop viewing sites on the island.
d) Access easement to public or private lands that have natural or scenic value shall be provided or
acquired for the public.
e) Develop standard criteria for natural and scenic beauty as part of design plans.
f) Consider structural setback from major thoroughfares and highways and establish development and
design guidelines to protect important viewplanes.
g) Maintain a continuing program to identify exceptional trees or tree masses.
h) Protect the views of areas endowed with natural beauty by carefully considering the effects of
proposed construction during all land use reviews.
i) Do not allow incompatible construction in areas of natural beauty.
7.4 STANDARDS
The following standards provide guidelines for designating sites and vistas of extraordinary natural
beauty that shall be protected.
a) Distinctive and identifiable landforms distinguished as landmarks, e.g. Mauna Kea, Waipio Valley.
b) Coastline areas of striking contrast, e.g. Laupahoehoe Point.
c) Vistas of distinctive features.
d) Natural or native vegetation attractive to a particular area.
e) Areas that are harmoniously developed and enhanced by man to appear natural.
Note:Tables 7-1 through 7-16 list"Natural Beauty Sites" and "Exceptional Trees" for each district.
NATURAL RESOURCES AND SHORELINE
8.3 POLICIES
(e) Coordinate programs to protect natural resources with other government agencies.
(q) Develop policies by which native Hawaiian gathering rights will be protected as
identified under judicial decisions.
(r) Ensure public access is provided to the shoreline, public trails and hunting areas, including free public
parking where appropriate.
(s) Establish a system of pedestrian access trails to places of scenic, historic, cultural, natural, or
recreational values.
RECREATION
12.3 POLICIES
(1) Public access to the shoreline shall be provided in accordance with an adopted program of the County
of Hawaii.
(m) Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational
values.This system of trails shall provide, at a minimum, an islandwide route connecting major parks
and destinations.
(n) Establish a program to inventory ancient trails, cart roads and old government roads on the island in
coordination with appropriate State agencies.
(o) Develop facilities and safe pathway systems for walking,jogging, and biking activities.
APPENDIX D
Excerpted Language from the Ala Kahakai National Historic Trail Memorandum of
Understanding
Note: It is critical that dGP2045 contain specific reference and compliance requirement within the Alo
Kohokoi National Historic Troil Memorandum of Understanding. The MOU requires the parties to the
MOU to meet in September 2025 to discuss whether or not any terms of the MOU should be updated or
amended
MEMORANDUM OF UNDERSTANDING BETWEEN
THE NATIONAL PARK SERVICE,
UNITED STATES DEPARTMENT OF THE INTERIOR,
STATE OF HAWAII,AND
THE COUNTY OF HAWAII FOR
THE IMPLEMENTATION, MANAGEMENT, PROTECTION AND PUBLIC USE OF ALA KAHAKAI
NATIONAL HISTORIC TRAIL
This Memorandum of Understanding ("MOU") is entered into, by and between the United States
Department ofthe Interior National Park Service, ("NPS") the State of Hawaii,by Its Department
of Land and Natural Resources, ("DLNR") and the County of Hawaii ("County")for the purpose
of managing the Ala Kahakai Natk:>nal Historic Trail(Trail).
ARTICLE II:AUTHORITY
A. National Trails System Act of 1968, as amended ("the Act")(16 USC 1241-1252),
B. Hawaii Constitution Art. IX, section 8,Art. XI, sections 1, 2 and 9,Art. XII, section 7; Hawaii
Revised Statutes (HRS)Chapters 6E, 115, 171,183C, 184, 198D, 205A, sections 1-1, 7-1, 46-6.5,
46-12, 226-
11, 264-1; Hawaii Administrative Rules (HAR) Chapters 13-130, 13-146, 13-221, 13-275 to 13-284,
and 13-360; as may be applicable
C. Hawaii County Code, Chapters 25 and 34
ARTICLE III:STATEMENT OF WORK
D. The appropriate County Departments agree to:
1. Through the County Planning Department:
a. Continue to enforce county and state laws requiring public access to and along the shoreline
as a condition of land use approvals and coastal zone management issues. These trails
may become official components of the Trail.
b. Require that permit applbants identify any historic trails and routes that will be required to be
preserved as part of the land use permitting process and that may become part of the Trail.
Such geospatial information and supplemental documentation shall be in formats utilizing
current industry standards for collection, compilation, processing, analysis and archiving
(including Federal Geographic Data Committee [FGDC]compliant metadata). This data
and information may be made available by the County for incorporation into official Trail
records and documentation.
c. Encourage private landowners who have publb access requirements as conditions of a
land use approval to execute an agreement with the NPS to include these areas in the
Trai, where appropriate.
d. Work with the NPS to identify public access easements with potential incorporation
inthe Trail.
e. Work with the NPS to develop a system whereby project applications determined to
have potential impacts on historic trails within the Ala Kahakai corridor are sent to the
Ala Kahakai NHT administration for review and comment. The notification system will
provide approving agencies and applicants clear guidelines on when the Ala Kahakai
NHT should be included in the review process. Such applbations include Subdivisions,
Special Management Area Assessments and Use Permits, Special Permits, Grading,
Project Districts, Rezoning, State Land Use District Boundary Amendments, Leases of
State-owned lands, Environmental Assessments, and Environmental Impact Statements.
The County agrees to contact the NPS regarding thes reviews i1 a timely manner.
2. Through the County Parks and Recreation Department
Upon notification by NPS, allow NPS access to County Beach Parks for the purpose of
identifying and documenting existing ancient, historic and contemporary trail routes to be
included in Trail design and interpretation; Research, survey, document and assess other
cultural and natural resources for preservation, planning, interpretation, and the determination
of future potential impacts.
a. Work with the NPS to identify traisegments through county parks for incorporation into
the Trail.
b. Consider feasibility of permitting NPS led community based management of sections of
the Trail within County Beach Parks.
c. Provide management of the Trail consistent with the NPS Comprehensive
Management Planwhere ittraverses County Beach Parks.
-e. Collaborate onthe design of specific signage that identifies the route ofthe Trail,
particularly where ittraverses County Beach Parks.
3. Through the County Department of Finance - Property Management Division
a. Upon notification by NPS, allow NPS access to County lands purchased through Public
Access, Open Space and Natural Resources Preservation Commission {PONC)for the
purpose of identifying and documenting existing ancient, historic and contemporary trail
routes to be included in Trail design and interpretation; Research, survey, document and
assess other cultural and natural resources for preservation, planning, interpretation, and the
determination of future potential impacts.
b. Work with the NPS to identify traH segments through County PONC Lands for
incorporation into the Trail.
c. Consider feasibility of permitting NPS led community based management of sections of
the Trail within County PONC Lands.
d. Collaborate on the design of specific signage that identifies the route of the Trail,
particularly where it traverses County PONC Lands.
e. Provide management of the Trail consistent with the NPS Comprehensive
Management Plan where it traverses County PONC Lands.
ARTICLE IV: TERM OF MOU
This MOU will remain in effect for ten years, beginning on the date of the last signature below. A
meeting at five years from the date of the last signature will be conducted to consider whether any
of the terms of this agreement need to be updated or amended. This MOU may be renewed upon
mutual agreement between the Parties.
ARTICLE V: KEY OFFICIALS
A . Key officials are essential to ensure maximum coordination and communication between
the parties and the work being performed. They are:
For the NPS
AricArakaki, Superintendent
Ala Kahakai National Historic
Trail 73-4786 Kanalani Street,
#14.
Kailua-Kona, HI96740
Telephone: {808)326-6012
e-mail: aric_arakaki@nps.gov
For DLNR
Moana Rowland
Acting Statewide NaAlaHele Program
Manager Department of Land and Natural
Resources 1151 Punchbowl Street,
Kalanimoku Building Honolulu, HI 96813
Telephone: (808) 587-4175
e-mail: Moana.Rowland@hawaii.gov
For the County
Michael Yee, Planning Director Aupuni Center
101 Pauahi Street, Suite 3
Hilo, HI 96720
Telephone: (808) 961-8288
e-mail: planning@hawaiicounty.gov
Roxcie Waltjen
Director of Parks and Recreation Aupuni Center,
101 Pauahi Street, Suite 6
Hilo, HI 96720
Telephone: (808) 961-8311
e-mail: parks recreation@hawaiicounty.gov
Deanna Sako
Director of Department Of Finance 25 Aupuni Street, Suite 2103
Hilo, HI96720
Telephone: (808) 961-8234
e-mail: Deanna.Sako@hawaiicounty.gov