The URL can be used to link to this page

Home My WebLink AboutCOM 0088.074 1998-2000 ~ O. r.~4 :i ~uy' BENJAMIN J.CAYETANO GOKtIMpI S ~ QARY l~` i .aIA _ ~ i ;gRECSOR ~ J STATE OF HAWAI I r- OFPICE Of ENVIRONMENTAL QUALITY CONTROL - , zss sovrn seRErwu~ s7nfR _ sure io: nonau~u, RwMwi sss~~ rsia~ons Tsui su.iss ~w;aru[ Rb~l sss~41M MARCH 17, 1999 f«1R FACSIMILE TRANSMITTAL PAGES INCLUDING THIS ONE) (808) %1-8780 PLEASE SEND BEFORE 9:00 A.M. TO: T'he 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. GARY GILL Comm. No. ~ D • D 7~ File No. - Ref. To: Presented co~^~u~ Ref. Date 3' 17-4 ~ . BENJAMIN J.CAYETANO OpVfRMpI ~o war aut CIaECT011 STATE OF HAWAII OFFICE Of ENVIRONMENTAL QUALITY CONTROL 2.16 SDUM eFaRANI~ sraFrr SUTF 10t nowautu, N~u+au oafs rnsfnr teen sw~us iKOwl[IM~IiNJ1N March 16, 1999 The Honorable Jamesc Y. Arakald, ["hair Counal of the County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Deer Mr. Arakaki: We have received a March 3, 1997 ~sicJ, letter (cndosed) from Ms. Judith Graham requesting our interpretation of the hclimpter faciliry vigger in Chapter 343, Hawaii Revisal 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 node revisions (pages 132 and 137 of the Ramseyer draft version, 2J8I'99, proposed sections 25-5-142 and 25-5-152 entitled 'Permitted uses' a1 subsection (a)) indicate that '[a]irfields, heliporu and private landing strips' are permiued rues in the MG and ML (general and limited industrial) districts. Section 343-5(a), Hawai'i Revised Statutes mandates the prcpatation of an environmental assacsment for actions which "[p)ropose the construction of new, or the expansion or modifimtion of adsting helicopter fadlities within the stau which by way of their activities may affect land cJassiGed az mnservatlon dittrlct by the state land use commission under chapter 205; [he shoreline area as defined in section 205A-01; or any historic site az designated in the National Register or Hawaii Register az provided for in the Historic Preservation Act of 1966, Public Law 8965, or chapter 6E: or, until the statewide hisrodc places inventory is completed, any historic site found by a field reconnaissance of [he area affected by the helicopter fadliry and which is under consideration for placement on the National Register or the Hawaii Register of Historic Ptnces.• (Underscoring supplied]. Our underscored portion of [he above statue supports our interpretation that an environmental assessment is required for a heliport faciliry, irrespective of where such a facility is situated. We believe this since: (1) we are unaware of any federal or sou provisions prohibiting helicopters from flying anywhere in the State; and (2) barring any such prohibitions helicopters can Oy over and through conservation-coned areas, shorclinc areas, and historic sites. We arc unclear on what the proposed revisions to your County inning code mean in terms of implementing the environmental review process set forth in Chapur 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 agenry of the County government, the proposed changes to the zoning code etfettively constitute a 'permit by rule' which will bypass public review/discretionary consent by a County agenry and hence, the requirement to prepare an environmental assessment. We strongly urge you to ensure that the county's proposed revisions to its zoning txxle remains no less stringent than the Suu 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 environmenul The Honamblc Jamcs Y. Arakaki, Chair Counts( of the County of Hawaii March 16, 1999 Pagc 2 of 2 assessment for helicopter facilities. If there are any questions, please call Mc Leslie Segundo, Environmental Health Specialist at (808) 586 4185. Sincerety,. /GARY GILL Interim Dircctor r. Ms. Judith Graham PO Box 1366 Kamuela HI 96743 March 3, 1997 Mr. Gary Gill office of Environmental Control Honolulu, Hawaii 9g ii; y.' .r RE: Hawaii County Zoning Code and heliports ~ P=:_~ lit Dear Gary Gill: 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 ratification of that ordinance. Ratification if it occurs appears scheduled for Harch 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. Hearing in mind that Chapter 343 NRS has helicopter provisions, and requires a [permit] application to be triggered, it appears to me 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 inte»t 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?). ~,!<"`'e I if my analysis seems correct, I would be most appreciative if before March 17 your office would write the Hawaii County Council informing them of 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, udy/graham 775 976; 885 4621