2026-01-05 PL-BOA-2026-000127 Petition

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Promote the protection, use, and development of marine and coastal resources to assure their sustainability. The proposed development is consistent with the following policies of Chapter 205A, HRS, relating to: Recreational Resources[,] Historic Resources[,] Scenic and Open Space Resources[,] Coastal Ecosystems[,] Economic Uses[,] Coastal Hazards[,] Managing Development[,] Public Participation[,] Beach and Coastal Dune Protection[, and] Marine and Coastal Resources. The proposed development conforms to the requirements of Chapter 343, HRS, regarding Environmental Impact Statements. [T]he proposed activities will not have any significant adverse environmental or ecological effect, except as such adverse effects are minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. The proposed development is consistent with the objectives, policies, and SMA guidelines of Chapter 205A, HRS. See Exhibit 1. a. The Planning Director clearly erred in finding that the project will have no significant adverse environmental or ecological effects. The Department of Planning and the Director failed to identify and consider impacts to the environment or ecology, namely impacts to Article XII, § 7 Native Hawaiian traditional and customary rights and historic properties protected under HRS Chapter 6E, and erroneously required and approved the SMA Minor Permit despite the potential significant adverse environmental or ecological effect of the Kaimu Cove project. Under Hawai`i Revised Statutes ("HRS") § 205A-22, an SMA minor permit may be authorized for an action"the valuation of which is not in excess of$500,000 and which has no substantial adverse environmental or ecological effect, taking into account potential cumulative effects."See also SMA Rules §§ 9-4(x), 9-10(e). SMA use permits (aka"major permits") are required for actions exceeding a $500,000 valuation or that"may have a 15