ELR Citation: ELR 20393
No(s). s. 10078, 10079 (Haw. Aug 23, 1985)

The court holds that Hawaii's coastal zone program, adopted pursuant to the Coastal Zone Management Act requires a county planning commission to determine whether a development project is consistent with the state Act's objectives before it issues a special management area permit. The court first reviews the commission's statutory mandate, which requires that a proposed development not have any substantial adverse environmental effects, that it be consistent with special management area guidelines, and that it comply with the county general plan. The court notes that the state coastal program allows a permit to be issued only if the commission finds no substantial adverse effects on recreational, historic, or scenic resources, or on coastal ecosystems, and that the objectives of the state Act are to protect, preserve, and restore natural and man-made historic resources in the coastal zone management area. The court then rules that the state program requires the commission to make specific findings that the proposed development will not adversely affect these resources. The court also rules that the commission's issuance of a conditional permit to the developer is an unlawful delegation of its duty to ensure that the coastal program's objectives are met, since any findings by the developer would be nonreviewable. Conditional permits may be appropriate when the condition involves approval by another government agency because such agencies would not be interested parties in the permit application. Finally, the court rules that the evidence in the record does not support the planning commission's conclusion that the proposed development will not have a significant impact on any historical or archaeological sites.

Counsel for Appellant
Isaac Hall
Legal Aid Society of Hawaii
2287 Main St., P.O. Box 368, Wailuku HI 96793
(808) 244-3731

Counsel for Appellee Planning Commission
Fred W. Rohlfing, Deputy Corp. Counsel
Planning Commission of County of Maui
208 S. High St., Wailuku HI 96793
(808) 244-7735

Counsel for Appellee Cam Molokai Associates
Jerry Michael Hiatt
Carlsmith, Wichman, Case, Mukai & Ichiki
Suite 2200, Pacific Tower, 1001 Bishop St., P.O. Box 656, Honolulu HI 96809
(808) 523-5000

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.