Disappeared News

Numerous Hawaiian and environmental groups are calling
on Mayor Victorino to rescind his "directive" to fast track shoreline
development approvals as being outside of his powers and otherwise illegal.

On May 30, Mayor Victorino issued a directive indicating certain
shoreline (Special Management Area or SMA) development approval requests
will be reviewed within fifteen days or be automatically approved.

The groups assert:

(1) that the Charter assigns no authority over the Special Management
Area to the mayor,
(2) that the governor's Eighth Supplemental Proclamation does not
authorize the mayor to take this action,
(3) that the governor's Eighth Supplemental Proclamation does not waive
provisions of the State Constitution related to the protection of the
environment, the public trust, or Hawaiian traditional rights - all of
which may be impacted by shoreline area uses, and
(4) that the governor's Eighth Supplemental Proclamation itself is
defective.

In sum, the directive lacks legal authority to do what it claims to
authorize.

Ths Special Management Area was created by state law to implement the
federal Coastal Zone Management Act which is to protect the shoreline
and its adjacent waters. Under the Maui County Charter, the Maui
Planning Commission is the designated authority over all matters related
to the Coastal Zone Management Act. The Maui Planning Commission has
delegated some of its authority to the Planning Director by
administrative rule.

"These groups support County efforts to assist small, local businesses
deal with the impacts of COVID-19. On the the hand, the County do so in
a lawful way ensuring our resources and practices are given adequate
protection." said Lance D. Collins, the groups' attorney.

The Maui community groups are Ho‘oponopono o Mākena, Ka Malu o Kahālāwai
Mālama Kakanilua,  Nā Mamo Aloha ‘Āina o Honokōhau,  Nā Papa‘i Wawae
‘Ula‘ula, Save Olowalu, Sierra Club, Maui Group, and West Maui
Preservation Association.

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* Why am I posting a press release? If a newspaper covers the story these days, it will largely be based on the press release. Perhaps they’ll check with Mayor Victorino, in this instance. If a mere blog checked with his office, likely there would be no response anyway. So for the moment, the press release is your best information.

Permalink posted by Larry @ 6/03/2020 06:36:00 PM