HomeMy WebLinkAboutCOM 0236.058 2024-2026P counci I
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From: Kris Adair
Sent: Monday, May 19, 2025 11:30 AM
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To: Council Testimony.
Subject: No to Bill 47
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Dear Councilors,s
4:
I am writing to respectfully express my deep concerns regarding several significant
issues with the
proposed legislation currently under consideration.
First and foremost, the bill mandates that the Planning Director revoke an individual's registration for any
violation of law. This provision, though broad in its intent, could have far-reaching and unintended
consequences, particularly for residents and small businesses on the Big Island. The scope of impact
includes:
Unpermitted Improvements: An estimated 40% of properties on the Big Island have unpermitted
improvements —approximately 2,600 small businesses could be affected.
Cesspools: The EPA classifies any address with a home -based business and a cesspool as a "high -
capacity" cesspool, which are currently illegal and could be grounds for shutting down a business.
Agricultural Zoning: Hawaii Revised Statutes §205-4.5 prohibits rentals shorter than 21 days on
agriculturally zoned land, which would render many hosted rentals noncompliant by default.
Second, the bill requires homeowners to disclose any unpermitted improvements without providing
protection from potential enforcement actions. This lack of legal shielding discourages transparency and
penalizes good -faith efforts at compliance.
Third, the proposed $10,000 fine for violations appears to be an extremely severe penalty, especially
when compared to the actual impact of the infraction —such as a lapse in registration.
Collectively, these provisions risk functioning as a de facto ban on hosted vacation rentals in agricultural
areas. They create an uncertain and discouraging environment for residents, particularly those operating
in good faith, and make long-term planning nearly impossible.
I respectfully urge you to reconsider these elements of the bill. A more balanced approach would
support compliance while also recognizing the realities many residents face.
Thank you for your time and attention to this important matter.
Kris Adair 3�0,��
Comm. o
Guard Well Farm
Ref. TO: it
Ref. Date MAY 2 1 2025
75-1097 Keopu Mauka Dr.
Holualoa, HI 96725
ph: +1 (785) 840 7989
kris.adairCabguardwellfarm com
https://guardwellfarm com