HomeMy WebLinkAbout2025-10-31 Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 Twentieth Amended Traffic Emergency Zone Declaration and Twentieth Waipi'o Valley Road Declaration of EmergencyC. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
Merrick Nishimoto
Deputy Managing Director
County of Hawaii— Office of the -%ayor
25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-8211 • Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740
Phone (808) 323-4444 • Fax (808) 323-4440
October 31, 2025
::
To: Jon Henricks, County Clerk
Office of the County Clerk
From: C. Kimo Alameda, Mayor
County of Hawaii
RE: Mayor's Waipi`o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1
Twentieth Amended Traffic Emergency Zone Declaration and Twentieth Waipi`o Valley
Road Declaration of Emergency
Transmitting Mayor's Waipi`o Valley Road Continued Emergency Rule No. 2 and Emergency Rule
No. 1; Twentieth Amended Traffic Emergency Zone Declaration and Twentieth Waipi`o Valley
Road Declaration of Emergency issued by Mayor C. Kimo Alameda to the County Clerk, custodian
ofrecords.
Received by: 11
Print Name: �oeJ NR>
Date: W� tc
County of Hawaii is an Equal Opportunity Provider and Employer.
C. Kimo Alameda, Ph.13
Mayor
William V. Brilhame, Jr.
Managing Director
Merrick Nishimolo
Deputy Managing Director
County of Hawai `i
Office of the Mayor
25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553
KONA: 74-5044 Ane Keohokdlole Hwy., Bldg C • Kailua-Kona, Hawaii 96740
(808)323-4444 • Fax(808)323-4440
Mayor's Waiyi`o Valley Road Continued
Emergency Rule No. 2 and Emergency Rule No.l
Pursuant to the authority vested in me by Hawaii Revised Statutes ("HRS") Sections
264-1.5 and 127A-25(a), the County of HawaPi's police powers, and due to the public welfare,
health and safety concerns presented by the current conditions of the Waipi`o Valley Road and
the impact of closure on those located in Waipi`o Valley if the road is closed or fails, I hereby
continue, adoption and promulgation of this Mayor's Waipi`o Valley Road Emergency Rule No.
2 and Emergency Rule No. 1 previously adopted and promulgated on September 15, 2022.
These rules have the force and effect of law.
This Continued Emergency Rule is based on the statements contained in the Twentieth
Amended Traffic Emergency Zone Declaration and Twentieth Declaration of Emergency for
Waipi`o Valley Road.effective November 3, 2025.
I, C. Kimo Alameda, Mayor of the County of Hawaii, hereby authorize the following:
A. Waipio Valley Road Closure
Waipio Valley Road shall be closed, subject to the express limited exceptions herein.
This includes, but is not limited to:
1. Prohibition of all pedestrians;
2. Prohibition of uncovered vehicles, including but not limited to ATV's; and
3. Prohibition of horseback access.
B. Limited Access Exceptions
Vehicular access by Hawaii County residents, permitted licensed/insured tour
operators, and Native Hawaiians claiming exercise of traditional and/or
customary rights.
a. Vehicles and passengers shall abide by existing traffic laws, including:
County of Hawaii is an Equal Opportunity Provider and Employer.
Mayor's Waipio Valley Road Continued
Emergency Rule No. 2 and Emergency Rule No. 1
Page 2 of 3
i. Vehicular use is limited to low -range, four-wheel drive vehicles (All
wheel drive vehicles are not considered low range, four- wheel drive
vehicles);
ii. Gross vehicle weight rating (GVWR) shall not exceed 10,000 pounds
except for utility and emergency vehicles, or existing vehicles used
for transit of agricultural products;
iii. Vehicles shall be engaged in four-wheel drive mode at all times;
iv. Vehicle passengers shall be seated in enclosed compartments of
vehicles designed for passenger seating and wearing seatbelts;
v. Makai-bound vehicles shall yield to mauka-bound vehicles.
b. Licensed/insured tour operators must obtain a permit from the Mayor's
office. Please call (808) 961-8211.
i. Permits shall be effective for a period of four (4) months from date of
issuance.
2. The Mayor may grant individual exemptions to this rule upon request and
shall explain the purpose for which Waipi`o Valley Road will be used and
upon sufficient showing that safety precautions consistent with these rules are
in place. The decision to grant or deny a request is within the sole discretion
of the Mayor. Request shall be submitted to the Mayor's Office at 25 Aupuni
Street, Suite 2603, Hilo, Hawaii 96720.
C. Regardless of Limited Access Exceptions Pursuant to Section B, Complete
Closure During Significant Weather Events
1. Waipio Valley Road shall be closed for all use, or access further may be
limited, during significant weather events as determined by the Hawaii
County Civil Defense Agency in consultation with the Department of Public
Works.
2. This rule is not intended to limit the legal authority of government agencies to
close, or limit use, of Waipi`o Valley Road as otherwise provided by law.
D. Closure and Limited Access During Periods of Construction
Access to Waipi`o Valley Road may be closed or further restricted during active road
repair and/or mitigation activities. The Department of Public Works will hold public meetings as
part of its road utilization planning during periods of road construction. Information and updates
regarding the Waipf`o Valley Road may be found at Bulletins I Hawaii County, HI Public Works.
County of Hawaii is an Equal Opportunity Provider and Employer.
Mayor's Waipio Valley Road Continued
Emergency Rule No. 2 and Emergency Rule No. 1
Page 3 of 3
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the
County of Hawaii to be affixed. Done this IV-" day of UWe'r f 2025 in Hilo, Hawaii.
4C.mo Alameda, Ph.D
Mayor
County of Hawaii
APPROVED AS TO
Corporation Counsel
N
County of Hawaii is an Equal Opportunity Provider and Employer. _
C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
Merrick Nishimoto
Deputy Managing Director
County of Hawai `i
Office of the Mayor
25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553
KONA: 74-5044 Are Keohokalolo Hwy., Bldg C • Kailua-Kona, Hawai'i 96740
(808) 323-4444 • Fax (808) 323-4440
Twentieth Amended Traffic Emergency Zone Declaration And
Twentieth Waipi`o Valley Road Declaration Of Emergency
WHEREAS, Waipi`o Valley Road is a four-wheel drive County road located on the
northern Hamakua Coast of Hawaii Island. The road is narrow and winds down the steep
hillside of the south valley wall.
WHEREAS, Waipi`o Valley Road is the only vehicular ingress and egress for Waipi`o
Valley.
WHEREAS, Waipi`o Valley Road is used by residents of Waipi`o Valley, farmers who
transport agricultural products grown and harvested in Waipi`o Valley, Hawaii County
residents, -visitors, and authorized tour operators.
WHEREAS, Waipi`o Valley Road presents significant safety risks. For example, it lacks
shoulders or adequate troughs to catch falling rocks and debris. The road is slippery, particularly
after heavy rains, and adequate stormwater infrastructure is lacking. Some portions of the road
are impassable for two vehicles. Limited sight distance along the road hampers driver ability to
safely navigate oncoming traffic and pedestrians in the roadway.
WHEREAS, Waipi`o Valley Road descends about 800 feet in elevation over
approximately 4100 feet. Rock. outcropping and vegetation overhang the road.
WHEREAS, Waipi`o Valley Road can experience significant amounts of runoff,
particularly after heavy rains. Historically, the County closes the road following periods of
heavy rain and to clear rock, soil and vegetation which has fallen on and across the road.
WHEREAS; a slope failure occurred in March 2019 following heavy rainfall and high
streamflow associated with Hurricane Lane. The primary slide was approximately 500 feet tall
and 70 feet wide. Additional upslope landslide events occurred in April 2018 and February
2019.
WHEREAS, on or about April 2, 2020, the County hired a consultant, Hart Crowser, to
conduct a Preliminary Geotechnical Engineering Evaluation.
WHEREAS, the County's receipt of the completed Hart Crowser's Preliminary
Geotechnical Report dated January 2022 ("Report") occurred in January 2022.
County of Hawaii is an Equal Opportunity Provider and Employer.
Twentieth Amended Traffic Emergency Zone Declaration and
Twentieth Waipi o Valley Road Declaration of Emergency
Page 2 of 4
WHEREAS, the Report provided geotechnical data regarding the current condition of the
road and hazard ratings associated with those conditions, which further detailed the described the
dangers Waipi`o Valley Road poses to the health, safety and welfare of the people.
WHEREAS, the County retained Hart Crowser, now a division of Haley & Aldrich, to
further evaluate Waipi`o Valley Road and recommend specific mitigation measures to make the
road safe.
WHEREAS, Haley & Aldridge submitted a report to the County dated September 30,
2022 entitled Rockfall and Slope Instability Mitigation and Conceptual Design Summary Report
"Summary Report" wherein it recommended a phased mitigation approach to address numerous
hazards along the roadway. (See Summary Report).
WHEREAS, the Department of Public Works held an initial community meeting on
October 26, 2022, at the gymnasium in Honokaa and discussed the findings of the Summary
Report as well as plans to make additional safety improvements to the roadway. The overall
schedule and impacts to the community during the 2 to 3-year construction were discussed.
WHEREAS, remediation efforts have commenced to increase the safety of Waipi`o
Valley Road and are ongoing. To this end, the County finished mitigation work (referred to as
Phase 1) which commenced on or about June 1, 2023, and has plans to perform additional work
over the next four (4) years (referenced currently as Phase 2 and Phase 3). A public meeting was
held on May 1, 2023, to discuss road conditions, planned work, and additional meetings are
planned prior to performing further mitigation activities.
WHEREAS, the current condition poses substantial endangerment to public health and
safety, and warrants preemptive and protective action to provide for the health, safety, and
welfare of the people using the road who will be negatively impacted if the road fails and
residents are unable to enter and exit Waipi`o Valley.
WHEREAS, the current danger to pedestrians navigating Waipi`o Valley Road presents
an unacceptable risk that cannot be corrected absent regulations and/or remediation.
WHEREAS, limiting vehicular access generally, and, specifically, to drivers familiar
with the current road conditions is a necessary action for vehicular navigation of Waipi`o Valley
Road until adequate remediation measures can be implemented.
WHEREAS, Hawaii Revised Statutes ("HRS"), Section 264-1.5, permits establishment
of a traffic emergency zone in response to substantial endangerment to public health and safety
which is or is highly likely to be caused by the temporary closure of, or the lack of adequate
access to Waipio Valley via Waipio Valley Road.
WHEREAS, on February 25, 2022, a Traffic Emergency Zone Declaration was
established for the Waipi`o Valley Road ("Traffic Declaration") and the Mayor's Waipi`o Valley
Road Emergency Rule No. 1 ("Emergency Rules") were issued to regulate use of Waipi`o Valley
Road.
Twentieth Amended Traffic Emergency Zone Declaration and
Twentieth Waipi'o Valley Road Declaration of Emergency
Page 3 of 4
WHEREAS, following issuance of the Traffic Declaration and Emergency Rules, the
County held public meetings, received comments from the community, responded to lawsuits,
clarified certain findings made in the Summary Report, and retained Haley & Aldrich to conduct
further geotechnical studies to recommend remediation measures necessary to improve the
dangers presented by the current condition of Waipi`o Valley Road.
WHEREAS, HRS § 127A-14 authorizes the mayor to declare an emergency has occurred.
WHEREAS, HRS § 127A-2 defines an emergency to include an occurrence which results
or may result in substantial injury or harm to the population or substantial damage to or loss of
property.
WHEREAS, HRS § 127A-14(c) vests the mayor with sole authority to judge the existence
of the danger, threat, or circumstances giving rise to a declaration of a state of emergency.
WHEREAS, effective September 19, 2022, a First Waipi`o Valley Road Declaration of
Emergency was established for the Waipi`o Valley Road ("Declaration of Emergency").
WHEREAS, effective September 19, 2022, an Amended Traffic Zone Declaration was
established for the Waipi`o Valley Road ("Traffic Declaration").
WHEREAS, the Traffic Declaration and Declaration of Emergency have remained in
effect pursuant to the Second Amended Traffic Emergency Zone Declaration and Second
Waipi`o Valley Road Declaration of Emergency were established for the Waipi`o Valley Road
("Second Amended Declarations"), effective November 14, 2022; Third Amended Traffic
Emergency Zone Declaration and Third Waipi`o Valley Road Declaration of Emergency,
effective January 13, 2023; Fourth Amended Traffic Emergency Zone Declaration and Fourth
Waipi`o Valley Road Declaration of Emergency, effective March 14, 2023; Fifth Amended
Traffic Emergency Zone Declaration and Fifth Waipi`o Valley Road Declaration of Emergency,
effective May 13, 2023; Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi`o
Valley Road Declaration of Emergency, effective July 12, 2023; Seventh Amended Traffic
Emergency Zone Declaration and Seventh Waipi`o Valley Road Declaration of Emergency,
effective September 11, 2023; Eighth Amended Traffic Emergency Zone Declaration; Eighth
Waipi`o Valley Road Declaration of Emergency, effective November 10, 2023; Nineth Amended
Traffic Emergency Zone Declaration and Nineth Waipi`o Valley Road Declaration of
Emergency, effective January 10, 2024; Tenth Amended Traffic Emergency Zone Declaration
and Tenth Waipi`o Valley Road Declaration of Emergency, effective March 10, 2024 and
Eleventh Amended Traffic Emergency Zone Declaration and Eleventh Waipi`o Valley Road
Declaration of Emergency, effective May 10, 2024; Twelfth Amended Traffic Emergency Zone
Declaration and Twelfth Waipi`o Valley Road Declaration of Emergency, effective July 9, 2024;
Thirteenth Amended Traffic Emergency Zone Declaration and Thirteenth Waipi`o Valley Road
Declaration of Emergency, effective September 8, 2024; Fourteenth Amended Traffic
Emergency Zone Declaration and Fourteenth Waipi`o Valley Road Declaration of Emergency,
effective November 7, 2024; Fifteenth Amended Traffic Emergency Zone Declaration and
Fifteenth Waipi`o Valley Road Declaration of Emergency, effective January 6, 2025; Sixteenth
Amended Traffic Emergency Zone Declaration and Sixteenth Waipi`o Valley Road Declaration
of Emergency, effective March 7, 2025; Seventeenth Amended Traffic Emergency Zone
Twentieth Amended Traffic Emergency Zone Declaration and
Twentieth Waipi'o Valley Road Declarn[ion of Emergency
Page 4 of 4
Declaration and Seventeenth Waipi`o Valley Road Declaration of Emergency, effective May 7,
2025, Eighteenth Amended Traffic Emergency Zone Declaration and Eighteenth Waipi`o Valley
Road Declaration of Emergency, effective July 7, 2025; and the Nineteenth Amended Traffic
Emergency Zone Declaration and Nineteenth Waipi`o Valley Road Declaration of Emergency,
effective September 5, 2025 (collectively "Traffic and Road Emergency Declarations").
WHEREAS, pursuant to the Declaration of Emergency and Traffic Declaration,
Emergency Rule No. 2 and Emergency Rule No. 1 were issued on September 15, 2022, with an
effective date of September 19; 2022.
WHEREAS, pursuant to the Second Amended Declarations, the Mayor's Waipi`o Valley
Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 were issued, effective
November 14, 2022 ("Emergency Rules").
WHEREAS, the Emergency Rules have continued in effect pursuant to the effective
Traffic and Road Emergency Declarations.
WHEREAS, the conditions giving rise to the Traffic and Road Emergency Declarations
still exist.
NOW, THEREFORE, I, C. KIMO ALAMEDA, PH.D, Mayor of the County of Hawaii,
do hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the
substantial danger to the health, safety, and welfare of the people which is or is highly likely to
be caused by the temporary closure of, or the lack of adequate access to Waipio Valley Road.
The Amended Traffic Emergency Zone Declaration remains effective September 19,
2022, continuing thereon until February 25, 2027, unless further amended, terminated, or
superseded by a separate proclamation, whichever shall occur first.
NOW, THEREFORE, I C. KIMO ALAMEDA, PH.D, Mayor of the County of Hawaii
do, further, proclaim and declare that an emergency has occurred effective November 3, 2025,
and continuing through January 1, 2026.
NOW, THEREFORE, the Mayor's Waipi`o Valley Road Continued Emergency Rule No.
2 and Emergency Rule No. 1 shall remain in effect.
IN WITNESS WHEREOF, I have hereunto set my hand this It day of Ck%ber
2025 in Hilo, Hawaii.
C. Ki ameda, Ph.D.
Mayor
County of Hawaii
APPROVED AS TO
Deputy Corporation Counsel