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masfzm PL .AN— HI.L0, HAIR -.All other open spaces, the density of population and the uses of buildings, structures and land for trade, indus- try, residences, recreation, public activities and other purposes." Regulations are designed "to lessen traffic conges- tion; to secure safety from fire, panic and other dan- gers; to promote health and the general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public improvements." In unincorporated towns and villages, in areas ad- jacent to but beyond the boundaries of municipalities and in ribbon developments along the highways —and in rural areas — zoning has substantially similar ob- jectives. APPLICATION IN HAWAII. —It remains for legal au- thorities to establish the necessary degree of com- pliance with the above general Mainland pattern of the relationships of planning and zoning and our govern- mental setup with a view of distinction, if any, between the provisions of State sovereignty and those of our Organic Act, a law of Congress. We have as the opinion of the Office of the Terri- torial Attorney General the following: "Inasmuch as in a problem of this nature it is best that every vestige of legal doubt be removed, and inasmuch as it can best be handled under ex- press statute defining precisely the breadth and ' limits of the power, it is best that the matter be brought to the Legislature's attention. Hence, any opinion at this time would be premature. The problem has not actively arisen as yet, and it might never arise if the Legislature acts in the matter." Accordingly, with our desire to proceed constitu- tionally along these lines, a planning - zoning enabling act has been prepared and published in our -Second Progress Report (Publication No. 11). This suggested form of the enabling act is based on the most recent legislation now being evolved in State planning fields, and in the Mainland courts. Particular reference is made to pages 7 and 8 of that report in regard to its broader provisions. A bill has been prepared for the consideration of the Legislature as an administrative suggestion of planning- zoning enabling provision. In. view of the fact that the Legislature by an allot - tnent in the general appropriation bill provided funds for the preparation, by this Board of Master Plans for centers of population of the Territory, the mandate has the effect of an enabling act for the specific cases 14 of Hilo and Kapaa. In the case of our Hanapepe Plan, the status requires further legal clarification. There we were requested by the Board of Supervisors of the County of Kauai to assist in the preparation of a Master Plan and such was prepared in collaboration with the implemented local Town -Plan Collaborating Committee. To cover all possible classifications of origin of Master Plans to be prepared in the Terri- tory, in view of the questions involved, it is opportune that the question of enabling legislation in both plan- ning and zoning be respectfully submitted for the con- sideration of the Legislature at this time. THE COURSE OF THE MASTER PLAN. —The Master Plans prepared under the direction of this Board —of different natures of origin —will now receive the atten- tion of (a) the Legislature, in the case of Kapaa; and (b) the Board of Supervisors of the County of Kauai in the case of Hanapepe. In the legislative consideration of the Kapaa Plan will arise the question of appropriation for flood control,& while the Hanapepe Plan was prepared to assist in a controversial situation and the Master Plan is already a desired instrument of solution of an impasse. In the case of Hilo there is a similarity to that of the Town of Hanapepe, except that the origin was in the Legislature instead of in the County. As such, it is a legislative mandate for the largest municipality within ,the counties outside of the City of Honolulu. It now remains to consider the course of any master plan. Who is the custodian; of the Plans prepared for Hanapepe, Kapaa., and Hilo? It is respectfully sub- mitted that the purppse of the three Master Plans prepared were: (1) To furnish information to the Legislature for con- sideration in connection with an appropriation; or (2) To provide the County. Board of Supervisors with an instrumentality of planning for the Village, Town or City. In regard to the manner of use by the County of the Territorially and County - prepared Village, Town. or City Master Plan, it is further respectfully sub- mitted, since it is not advisable to adopt a Master Plan which must be kept a flexible instrument of the future, that the Legislature and the County Board of Supervisors respectively approve (not adopt) the Plan and that the County Engineer be requested to prepare a map on a larger scale, with precise dimensions and other usual details, for such part of the Master Plan as the Board of Supervisors may deem desirable and necessary to adopt as their Official Map. a Perhaps cooperatively with the District Engineer, U. S. Army.