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Home My WebLink AboutCOM 0088.069 1998-2000 A' BENJAMIN J. CAYETANO y GOVERNOR 'y� *� YI ! 1 ! $ I „, GARY GILL DIRECTOR STATE OF HAWAII OFFICE OF ENVIRONMENTAL QUALITY CONTROLn c{ 236 SOUTH BERETANIA STREET I "' - t ` 12 SUITE 702 HONOLULU, HAWAII 96813 TELEPHONE (8081 5864186 FACSIMILE (8081 5864186 March 16, 1999 The Honorable James Y. Arakaki, Chair Council of the County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 Dear Mr. Arakaki: We have received a March 3, 1997 [sic], letter (enclosed) from Ms. Judith Graham requesting our interpretation of the helicopter facility trigger in Chapter 343, Hawaii Revised Statutes, as it applies to a proposed new zoning code for the County of Hawaii. In subsequent telephone conversations with Ms. Graham, we understand that proposed zoning code revisions (pages 132 and 137 of the Ramseyer draft version, 2/8/99, proposed sections 25 -5 -142 and 25 -5 -152 entitled "Permitted uses” at subsection (a)) indicate that "[a]irfields, heliports and private landing strips" are permitted uses in the MG and ML (general and limited industrial) districts. Section 343 -5(a), Hawai`i Revised Statutes mandates the preparation of an environmental assessment for actions which "[p]ropose the construction of new, or the expansion or modification of existing helicopter facilities within the state which by way of their activities may affect land classified as conservation district by the state land use commission under chapter 205; the shoreline area as defined in section 205A -41; or any historic site as designated in the National Register or Hawaii Register as provided for in the Historic Preservation Act of 1966, Public Law 89 -665, or chapter 6E; or, until the statewide historic places inventory is completed, any historic site found by a field reconnaissance of the area affected by the helicopter facility and which is under consideration for placement on the National Register or the Hawaii Register of Historic Places." [Underscoring supplied]. Our underscored portion of the above statute supports our interpretation that an environmental assessment is required for a heliport facility, irrespective of where such a facility is situated. We believe this since: (1) we are unaware of any federal or state provisions prohibiting helicopters from flying anywhere in the State; and (2) barring any such prohibitions helicopters can fly over and through conservation -zoned areas, shoreline areas, and historic sites. We are unclear on what the proposed revisions to your County zoning code mean in terms of implementing the environmental review process set forth in Chapter 343, Hawaii Revised Statutes. We are gravely concerned that if an applicant no longer needs to apply for a discretionary permit from an executive branch agency of the County government, the proposed changes to the zoning code effectively constitute a "permit by rule" which will bypass public review /discretionary consent by a County agency and hence, the requirement to prepare an environmental assessment. We strongly urge you to ensure that the county's proposed revisions to its zoning code remains no less stringent than the State law governing the environmental review process by placing language in the zoning code that does not contravene the statutory requirement for the preparation of an environmental C $ • O / 6 (;omen. b C C Ce File No. N Presented Covs+c - E•d- -- Ref. 3 _t 7 - 49 - Ref. Date r The Honorable James Y. Arakaki, Chair Council of the County of Hawaii March 16, 1999 Page 2 of 2 assessment for helicopter facilities. If there are any questions, please call Mr. Leslie Segundo, Environmental Health Specialist at (808) 586- 4185. Sincerely, / GARY GILL Interim Director c: Ms. Judith Graham • PO Box 1366 Kamuela HI 96743 March 3, 1997 Mr. Gary Gill , Office of Environmental Control Honolulu, Hawaii . 99 RE: Hawaii County Zoning Code and heliports % P , 14r Dear Gary Gill: n Recently the Third Circuit Court found there had been a wilful violation of the Sunshine Law with respect to zoning code amendments passed in November 1996. The County Council is now considering iatification of that ordinance. Ratification if it occurs appears scheduled for March 17, 1999. I was one of two plaintiffs in the civil case. The new zoning code allows heliports in several districts', without a County permit. Bearing in mind that Chapter 343 HRS has helicopter provisions, and requires a [permit] application to be triggered, it appears' to ine that these provisions in the code defeat the intent of the helicopter provisions in Chapter 343 HRS. Again, pursuant to Chapter 46 HRS, the County may not pass ordinances that defeat the intent of state statute. I am enclosing relevant pages, marked in the Ramsayer format pursuant to Court order, which show heliports as a permitted use in the General Industrial and Limited Industrial zoning districts, and in the Agricultural district when not also in the State Agricultural district (might this be state Rural district ?). - �„ °� ' If my analysis seems correct, I would be most appreciative if before March 17 your office would write the Hawaii County Council infoning them cf the understanding. Otherwise, these provisions would (it appears) likely be ratified. The address is: 25 Aupuni Street, Hilo HI 96720. Perhaps you could telephone with any questions, or I might call your office. Thank you for your consideration. Sincerely, df �✓ J udy raham '775 976; 885 4621 Orork 11,1.11— 1 . .0.2 BENJAMIN J. CAYETANO , GOVERNOR �e � M GARY GILL $ ' " 4 /77. - ga 's DIRECTOR STATE OF HAWAII OFFICE OF ENVIRONMENTAL QUALITY CONTROL 236 SOUTH BERETANIA STREET SUITE 702 HONOLULU, HAWAII 88813 TELEPHONE (808) 6884186 FACSIMILE (8081588-4188 MARCH 17, 1999 rook FACSIMILE TRANSMITTAL ( PAGES INCLUDING THIS ONE) (808) 9614780 5!7 f PLEASE SEND BEFORE 9:00 A.M. TO: The Honorable James Y. Arakaki, Chair Council of the County of Hawaii FROM: Interim Director Office of Environmental Quality Control SUBJECT: Zoning Code Revisions Attached is a letter concerning proposed zoning code revisions before your Council. Please call 586 -4185 if there are any questions. Thank you for your consideration of our comments. \ / ( r GARY GILL 311 lg 9 recel 10- Co Goy °ff�� :Cis- Am ( con ri,,_ b. phone ca P�