The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Lāna’i Planning Commission on Sept. 17, 2025
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Sept. 17, 2025, 5 p.m.
Remote meeting
To: Lāna’i Planning Commission
Reynold Gima, Chair
Nicole Alboro, Vice Chair
From: Jonathan Helton, Policy Analyst
Grassroot Institute of Hawaii
RE: Item A(1) — A PROPOSED AMENDMENT TO THE LANAI PLANNING COMMISSION, CHAPTER 402, SPECIAL MANAGEMENT AREA RULES
Aloha Chair Gima, Vice Chair Alboro and other members of the Commission,
The Grassroot Institute of Hawaii opposes item A(1), which would amend the Lāna’i Planning Commission’s rules to require the Commission to approve or deny Special Management Area minor permits for work proposed on Lanai.
Grassroot is concerned that requiring an additional layer of review would delay the completion of critical community projects and would undermine the point of SMA minor permits.
Right now, the Maui Planning Department issues all SMA minor permits — work that state law defines as having “no substantial adverse environmental or ecological effect” and that is valued at $750,000 or less, or $500,000 or less if situated on a shoreline parcel.[1]
The department then notifies the Commission of its decisions on SMA minor permits. All work that does not meet the criteria for a minor permit or an exemption must receive an SMA major permit, which does require a public comment period and Commission approval.
Changing the rules to require Commission approval of SMA minor permits could delay their approval. To begin with, according to the proposed rule change, the department would still review and make recommendations on all SMA minor permits.
Applicants would then have to wait for the department to place the permit on the Commission’s agenda. Then, if the Commission hearing fails to meet quorum, the project could face another month waiting.
It is important to understand that there is meant to be a distinction between SMA minor and major permits, and that SMA minor permits are intended to face a lower level of scrutiny because of the kinds of activities they cover.
Consider the last SMA minor issued for work on Lanai was approved earlier this month. It covered restoration of a trail and the installation of warning signs near a cliff.[2] Meanwhile, the last SMA major permit the Commission approved was back in 2020 for Phase 2 of the Kaluakoi Estates, which involved five new single-family homes, two pools and related buildings.[3]
Clearly, these are different types of work that do not need the same level of review.
It is also worth noting that other counties process their SMA minor and major permits differently. The Kaua‘i Planning Department approves all SMA exemption and minor permit requests, while the Kaua‘i Planning Commission is the approving authority for SMA major permits.[4] Hawai‘i County treats SMA exemptions, minor permits and major permits in the same manner.[5]
Last, the Commission should consider amending its definition of “proposed action,” which refers to “any use, activity or operation proposed by an applicant on land within the special management area.”[6]
Its rules also state that “all proposed action within the special management area recommended exempt … shall be placed on the agenda for review and final determination at the next commission meeting.”[7]
Hypothetically, these rules could mean that someone who wanted to repair a sidewalk or plant a fruit tree within the SMA would need to obtain Commission approval.
This runs counter to common sense and ignores the list of exemptions already established in state law but not yet adopted into the Lāna’i Planning Commission’s rules.[8]
If the Commission would like to update its rules to reflect changes to state law and practices used elsewhere throughout the state, Grassroot would welcome dialogue about how to make that happen.
Thank you for the opportunity to testify.
Jonathan Helton, Policy Analyst
Grassroot Institute of Hawaii
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[1] Act 125, Session Laws of Hawaii 2025.
[2] SM72025-00002, Maui’s Automated Planning and Permitting System, accessed Sept. 16, 2025.
[3] SM120200006, Maui’s Automated Planning and Permitting System, accessed Sept. 16, 2025.
[4] “Special Management Area Rules and Regulations,” County of Kaua‘i, pp. 14-15, accessed Sept. 16, 2025.
[5] “Planning Commission Rules of Practice and Procedure,” County of Hawai‘i, pp. 9-10 and 9-11, accessed Sept. 16, 2025.
[6] “Chapter 402 – Special Management Area Rules,” Lāna’i Planning Commission, p. 6, accessed Sept. 16, 2025.
[7] Ibid, p. 15.
[8] §205A-22 Definitions., Hawaii Revised Statutes, accessed Sept. 16, 2025.
