HomeMy WebLinkAboutBIL 199 Draft 02 2024-2026AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE ESTABLISHMENT OF A HISTORIC PLACE MARKER PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Findings and purpose. The council finds that the traditional Hawaiian land division system of moku and ahupuaʻa reflects generations of cultural, geographic, ecological,
and resource-management knowledge. Increasing public awareness of these traditional land divisions strengthens place-based identity, perpetuates traditional place names and moʻolelo,
and encourages greater understanding and stewardship of Hawaiʻi Island’s cultural and natural resources.
The council further finds that the installation of historic markers identifying moku and ahupuaʻa can provide residents and visitors with a greater understanding of the lands through
which they travel.
The purpose of this ordinance is to establish a coordinated Historic Place Marker Program to identify, install, maintain, and document moku and ahupuaʻa boundary identification markers
throughout Hawai‘i Island.
SECTION 2. Chapter 14 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows:
“Article . Historic Place Marker Program.
Section 14- . Definitions.
As used in this article, unless the context requires otherwise:
“Ahupuaʻa” means a traditional Hawaiian land division within a moku, generally extending from the uplands toward the sea.
“Historic place marker” means a County-installed sign or marker identifying the boundary of a traditional moku or ahupuaʻa pursuant to this article.
“Historic place marker inventory” means the County’s official record of historic markers installed pursuant to this article.
“Moku” means one of the following traditional land divisions of Hawaiʻi: Puna, South Hilo, North Hilo, Hāmākua, South Kohala, North Kohala, North Kona, South Kona, and Kaʻū.
Section 14- . Program established.
There is established a historic place marker program. The program shall:
(1) Map Hawai‘i Island’s traditional land divisions and place names;
(2) Promote understanding of the cultural, historical, and environmental significance of moku and ahupuaʻa;
(3) Preserve and perpetuate traditional place names and the cultural identity associated with those places;
(4) Establish and maintain the historic place marker inventory; and
(5) Establish a coordinated County process for the planning, design, fabrication, installation, and maintenance of historic markers.
Section 14- . Program administration; departmental responsibilities.
(a) The planning department shall administer the program in coordination with the department of public works and the department of research and development.
(b) The planning department shall:
(1) Administer and coordinate the program;
(2) Conduct any research necessary to identify the traditional moku and ahupuaʻa of Hawaiʻi Island and appropriate locations for historic markers;
(3) Coordinate with the department of public works and, when applicable, appropriate State agencies regarding the location and installation of historic markers;
(4) Develop the historic place marker implementation plan required by this article; and
(5) Maintain the historic place marker inventory which may include the location of markers, traditional place names, moku and ahupuaʻa boundaries, maps, historical and cultural information,
archival materials, photographs, oral histories, and other information that supports public understanding of Hawaiʻi Island’s history, culture, and landscapes.
(c) The department of public works shall:
(1) Review proposed marker locations to ensure compliance with roadway safety and maintenance requirements;
(2) Develop or approve of all historic place marker specifications;
(3) Fabricate, procure, install, inspect, repair, replace, and maintain historic place markers installed pursuant to this article; and
(4) Coordinate with the State department of transportation regarding any historic place marker proposed within a State roadway or State right-of-way.
(d) The department of research and development shall:
(1) Assist the planning department in expanding the historic place marker inventory to include historical, cultural, and geographic information associated with each moku and ahupuaʻa,
consulting the cultural resources commission as needed;
(2) Lead and coordinate community engagement and consultation with lineal descendants, cultural practitioners, and individuals with specialized traditional geographic and historical
knowledge to inform the identification of traditional land divisions, place names, boundaries, and appropriate historic marker locations;
(3) Develop partnerships with educational institutions and other entities with relevant knowledge to collect and preserve historical information, photographs,
maps, oral histories, and other materials appropriate for inclusion in the inventory;
(4) Identify and pursue grants and other funding opportunities to support the continued development of the historic place marker inventory; and
(5) Support public access to the inventory through digital tools and educational resources developed in coordination with the planning department.
Section 14- . Historic place markers.
(a) The historic place marker program shall consist of boundary markers identifying the moku and ahupua‘a of Hawai‘i Island.
(b) Historic place markers may be installed at or near the boundaries of moku and ahupuaʻa on County property, State property, private property, or other lands, subject to the approval
of the property owner or governmental agency having jurisdiction over the proposed location.
(c) Historic place markers shall be designed primarily for clear identification by the public and shall be appropriate for the location in which they are installed. Markers located
along roadways shall be designed for identification by motorists and shall minimize text, graphics, or other visual elements that may distract drivers.
(d) Historic markers shall identify the applicable moku or ahupuaʻa using standardized County-approved designs and shall include the proper Hawaiian spelling and diacritical marks.
Section 14- . Historic place marker implementation plan.
(a) Within eighteen months following the effective date of this ordinance, the planning department shall develop, in coordination with the department of public works, and transmit to
the council, a historic place marker implementation plan. The implementation plan shall identify:
(1) A map identifying the moku and ahupuaʻa of Hawaiʻi Island;
(2) The proposed location of historic markers identifying the boundaries of each moku and ahupuaʻa;
(3) Standard marker design specifications;
(4) Estimated fabrication, installation, and maintenance costs; and
(5) A schedule for installation.
(b) Prior to finalizing the historic place marker implementation plan, the planning department shall publish a preliminary map identifying traditional moku and ahupuaʻa boundaries and
proposed historic marker locations. The department shall provide at least one virtual presentation of the preliminary map to be made available on the County website, followed by a public
review and comment period of not less than sixty days.
(c) If discrepancies or conflicting information regarding any ahupuaʻa or moku boundary are identified during the public review and comment period, the department, in coordination with
the department of research and development, shall consult individuals with relevant cultural, historical, and geographic knowledge to evaluate the information and determine appropriate
revisions prior to finalizing the implementation plan.
(d) Within six months following transmittal of the historic place marker implementation plan, the department of public works shall complete installation of the historic markers.
Section 14- . Permit exemption.
(a) Notwithstanding any law to the contrary, historic place markers installed pursuant to this article within County rights-of-way or on County property are exempt from any County permit
requirements otherwise applicable to sign installation.
(b) Nothing in this section exempts the County from obtaining approvals or permits required by the State department of transportation or any other governmental agency having jurisdiction
over property outside County ownership or control.
Section 14- . Effect of historic place markers.
(a) Historic markers installed pursuant to this article are intended solely for historical, educational, and cultural recognition.
(b) The placement of a historic marker does not establish, alter, or constitute evidence of a legal property boundary, governmental jurisdiction, zoning boundary, easement, or ownership
interest.”
SECTION 3. Severability. If any provision of this ordinance, or the application hereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or application of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
ASHLEY KIERKIEWICZ
Council Member
_______________________________________
HOLEKA GORO INABA, Ed.D.
Council Member
______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: