I’ve been in the private sector for about 45-years, 2-years in County Administration and 4½-years in State Administration. I firmly believe that issues are best dealt with at the level closest to the people affected – I am a ‘home rule’ kind of guy.
And, with respect to land use planning – let’s face it, the State doesn’t plan, it regulates.
Almost 120 years ago – 1905 – the State legislature passed “The County Act” (Act 39.) Contrary to the suggestion in the name, State government retained many traditional county government functions and over the next many decades took on even more, making Hawai‘i the most centralized state government.
This included Act 187, the Land Use Law, enacted in 1961 and Act 100, the Hawaii State Plan in 1978.
The 1961 Land Use Law created the Land Use Commission (LUC) and gave over-arching land use control to the State – in part, because the Counties did not have the resources or authority to deal with controlling the post-statehood building boom.
However, we need to remember; in 1961, Counties were under the heavy hand of the state and were not authorized self-governance. Essentially, with the strong, centralized state government, Counties weren’t allowed to do much of anything.
It wasn’t until 1968 – when the State Constitution was amended – when the Counties were given the power to adopt charters of self-governance.
The Counties have grown up over the past 50+years – it’s time the State backs-off and gives the Counties the opportunity for true self-governance.
Sure, we tried planning at the State level, but we have obviously moved from the context of “planning” (as a policy function) to permitting (a move strictly toward regulatory activity.)
Even the LUC website notes: “The Commission acts on petitions for boundary changes submitted by private landowners, developers and State and county agencies.”
In addition, even though the law requires the state to review classifications and districting of all lands every five years, it hasn’t done so since 1992 (over 30-years ago.)
The Land Use Commission process is a reactionary, regulatory process, not a visionary (i.e. planning) process.
And, the Land Use Commission is quasi-judicial – it’s like a courtroom with lawyers and witnesses that are subject to cross-examination – making it legalistic and confrontational.
Most agree that Planning requires community involvement and input.
Given this, who is in the better position to engage the public in genuine and meaningful land use planning discussions? I think it is the Counties and evidence confirms this.
Think back … when was the last time the State asked you what you thought about land use or planning matters?
On the other hand, Counties are constantly including the community in their planning functions. Simply recall the numerous island-wide public forums on creation and updates to General Plans, Sustainable Community Plans, Community Development Plans and other localized plans across each of the Counties.
How could (does) the State possibly match this level of community participation? What more could a few Honolulu bureaucrats and consultants possibly add by holding a couple more meetings per island to discuss that Island’s or community’s land use concerns?
And, why should we impose Honolulu bias on the neighbor islands? Let’s leave land use matters at the on-the-ground level – in each respective County, by each County.
