Feb 18 County Council Meeting: Council Member Holland to introduce bill to enforce requirement to allow public access to mauka and makai public lands

Proposed Draft Bill (No. 2986) Chapter 9, Article 2.9, Kaua'i County Code 1987, as amended, requires that a subdivider or developer dedicate land for public access to adjacent shoreline and mountain areas. The Council finds that owners of large parcels are using the condominium property regime (CPR) process to circumvent the subdivision process, thereby avoiding possible conditions, including the requirement to allow public access to mauka and makai public lands. To address these complex issues, the State Legislature enacted Hawai'i Revised Statutes (HRS) Section 514B-6, which provides that "no later than July 1, 2022, the counties shall adopt supplemental rules governing condominium property regimes, including agricultural lands that are held in condominium property regimes." Given the clear intent of the State Legislature to have the respective counties regulate CPRs, the purpose of this Ordinance is to add a new Article to Chapter 8,.Kaua'i County Code 1987, as amended, to govern CPRs, which shall be similar in effect to the Subdivision Ordinance for the County of Kaua'i. Consequently, the new CPR regulations will hold CPR applicants for CPR zoning clearance to an individualized review and determination, which will require the granting of relevant public access when reasonably appropriate.