Multiple sources report that the Hawaii Supreme Court unanimously ruled this week that the Maui County Planning Commission cannot allow property owners or developers to self-determine whether their coastal projects require a permit. The court affirmed a lower court ruling striking down key portions of the commission’s 2024 amended rules for the Special Management Area, finding them in conflict with Hawaii’s Coastal Zone Management Act. The decision has broad implications for any development — including rebuilding efforts — near Maui’s shoreline.
- The Hawaii Supreme Court ruled unanimously that the Maui County Planning Commission cannot delegate its environmental assessment duties to property owners or developers in the coastal Special Management Area.
- Justice Todd Eddins wrote that the county holds Maui’s coastal resources ‘in trust’ under the Hawaii Constitution and cannot give away that responsibility by rule.
- The court affirmed Maui Circuit Court Judge Kirstin Hamman’s November 2024 ruling that invalidated key portions of the planning commission’s amended rules as conflicting with the Coastal Zone Management Act.
- Maui Tomorrow Foundation, an environmental nonprofit, brought the lawsuit after the planning commission adopted rules in 2024 that created 15 categorical exemptions broad enough to effectively eliminate required county oversight. (Courthousenews)
- The Special Management Area covers environmentally, culturally, and historically sensitive lands near Maui’s shoreline where development generally requires a county permit.
- The ruling affects not only developers but also fire survivors attempting to rebuild homes in Lahaina, as the coastline permitting debate has involved multiple stakeholder groups for years.
Sources
- Hawaii Free Press: Maui can’t delegate environmental assessment to property owners
- Courthousenews: Maui can’t delegate environmental assessment to developers
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