2026-04-13 PL-BOA-2026-000132 Petition

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The landowner had discussions with county officials concerning Items (1) (2) as part of its SMA assessment application. The planning director accepted the landowner's SMA Assessment with the condition that the landowner remove the addition made to the existing rock wall in the right-of-way for Alii Drive (Item 2) and to maintain the height of the existing rock wall to two feet to comply with the provisions of Chapter 27 pertaining to flooding. B. REGULATORY BACKGROUND After the Legislature established the state building code council, counties were required to conform their local codes to the International Building Code, as adopted by the state council. One provision deals with the treatment of existing buildings and their nonconforming status. The state council adopted the following provision pertaining to an existing structure (which is defined as anything that is built) and whether the structure can be "grandfathered" against changes in local codes: [A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code [or] the State Existing Building Code. (underscoring added) In response, the Hawaii County Council enacted the Existing Building Code (Chapter 5C, Hawaii County Code) that contains a similar provision, but with slightly different language: Section 5C-1-5. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of The existing rock wall, as heightened, do not present hazards to traffic or to public safety as to flooding. Recent storm events show that water from Alii Drive is managed properly, directed to the county's new drainage facilities and protects the landowner's property at the same time. 3