State paying to test water for property owners?

[Tink]

Thanks Opihikao, good reading so far, all kinds of rulings on structures, setbacks, etc. hope the County has all their ducks in a row on everything built/extensively remodeled after 1975 within the zone. Some on dredging of solids also. Could not get the last link to open though. Help,please, to educate me further? Mahalo.

Community begins with Aloha

[opihikao]

quote:

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Originally posted by Tink

Thanks Opihikao, good reading so far, all kinds of rulings on structures, setbacks, etc. hope the County has all their ducks in a row on everything built/extensively remodeled after 1975 within the zone. Some on dredging of solids also. Could not get the last link to open though. Help,please, to educate me further? Mahalo.

Community begins with Aloha

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You're welcome, Tink. Setting aside all the swiping at each other, thought I'd provide some factual information. I work with facts (most of the time; menopause will show y'all different, but it's a legal defense. []).

Knowing the boundaries we should abide by helps make for a better recovery from the hurricane, and hopefully a better Puna.

As to the last link, it is PDF file, and when clicking on the link, a window pops up on the bottom that says, "Open Save or Cancel" (showing a blank page until one is chosen). Click "Open". At least that's how it is on my computer. Hope that helps.

This (link below) is an extensive document which addresses the US/State/County regulations, and incorporates the native Hawaiian rights (ie. konohiki fishing rights, etc.) and protocol regarding shoreline. Historic case law, and opinion is included:

http://www.gpo.gov/fdsys/pkg/CZIC-ht393-...-no-21.htm

JMO.

[Tink]

Thank you very much for the help. To the average person, most laws are not understood unless it has a direct impact on their life, I apologize for that on my end. When we "brainstorm" solutions in the office, there is usually legal counsel to advise us if the idea is acceptable by law, or not, and we go from there. Common sense is usually lacking in higher appointed areas, so, we as grunts think of the simple stupid stuff, and sometimes it works!
I find all sorts of rulings regulating what belongs where ( where development stops and shoreline starts),and accessibility to ocean rights, but still haven't found where you can not add seawater to the waterways. Only regs on disturbing flow to ocean by changing grade, adding locks, etc.. Although I do have a tendency to take regulations and Code books and ask " show me where I can not do it this way. I believe I am still following the intent of the law, or ruling". If a law stated that you can not harass or endanger the wildlife in a National Sanctuary, and an oil spill occurred within its boundaries, how do they gather the wildlife and scrub them down with dish detergent to return back to the sanctuary? Technically, trying to catch a wild animal is harassment, along with a bath by human, due to the simple fact that they are wild.
I also understand ( I hope!) in reading, that by definition of SMA, all waterways that are fed by the ocean thru natural or permeable source are under the regulation of the SMA, and are to be accessible by the same rules as coastline. So, in effect, all dwellings within the SMA boundaries are similar to owning a condo. You own the house, the Feds own the land. Am I understanding correctly?

Community begins with Aloha

[opihikao]

Tink, very well thought out post. Thank you. I cannot profess to know all the answers, still learning myself as laws change over here. In keeping "maka'ala" (aware) of western law, as kanaka maoli, must remember to also read for reference, old documents from Kingdom time.

Attorneys are just another opinion, that costs hard US dollars. Learned that they are vital to making sound decisions, however, an attorney can interpret written law differently from another. Thus, my belief is; the onus is upon us to do what is right in the end.

I trust all the landowners hold the same charge, with an attorney to assist them in the process. Ultimately, making decisions that not only help themselves, but their neighbors, and community, if possible.

You asked:
"I also understand ( I hope!) in reading, that by definition of SMA, all waterways that are fed by the ocean thru natural or permeable source are under the regulation of the SMA, and are to be accessible by the same rules as coastline. So, in effect, all dwellings within the SMA boundaries are similar to owning a condo. You own the house, the Feds own the land. Am I understanding correctly?"

Basically, that is my understanding. The Federal Government and State Government don't "own" the land, they still charge you for taxes, etc., however, they control and have jurisdiction over everything done in that SMA area.

JMO.

ETA: typo,need my glasses; lighting is poor.[]

[Kapohocat]

Although the ponds that do not touch the ocean over land are under the jurisdiction of the Coastal Zone Management under DLNR for building, the ponds themselves (inland waterways) also come under the jurisdiction of the ACOE.

There is no "grandfathering" in of cesspools. Anytime you pull a building permit in the CZMA (or SMA), you are required to upgrade to the current required wastewater system (i.e depending on elevation and distance from ocean or pond). You are also supposed to update to the current building code with remodel or renovations of more than 50% (and that is based on $114/SF - I believe - x # of SF being remodeled or renovated.) So I would expect that much of the damage will necessitate building to go up to the current level of 16+ ft for the first floor in the FEMA Flood Zone which covers the ocean front. I just dont remember what that flood zone is called. I live in Fema Flood Zone X - i.e a flood once every 500 years.)

An additional requirement in KV is you must upgrade the wastewater system to the current DOH code when the property changes hands or you lose your water meter if you get water from the KKWA.

Now if we can get those ocean front homes not to store crap where Fema says it will flood, it would be great. I told one homeowner's adult son the day before that he should get all that paint and crap moved. He was an smart alec and said it will be fine. Hmmmmm..... I really didnt want to be able to say I told you so Dummy as it just means their crap landed in a pond. and all the crap in their pond is theirs not like some of the others who got every one else's crap in theirs and none of their stuff. Oh yah and know they want Fema to clean it up.

I, except for agreeing to the testing, took care of our own stuff. We are aerating pond, have added water plants to keep our pond healthy which connects to the ocean as evidenced by the rise and fall of the pond level.

As for lavalava's comments, I pay taxes to the state & county, I get pretty much very little for my $$$$'s so a few dollars for testing. I figure after 25+ yrs, the SOH & COH are still ahead quite a bit.

And remember the tide pools although on private roads have always been accessible to the public unlike the gates of Kapoho Beach Lots.

[Chas]

"And remember the tide pools although on private roads have always been accessible to the public unlike the gates of Kapoho Beach Lots."

I was always amazed that the neighborhood puts up with the tourists. Bless you. I don't know if I would be able to.

There was a man building a house right across from the parking area a while back when we were there, and he invited us in and showed us everything he was doing and gave us great advice for when we build. I wonder how he made out in the storm.

Another thing that always amazes us is the friendliness of everyone we meet when we are there. It's one of the main reasons (besides the obvious ones) we decided to move to the island... Sorry, more newcomers! We can't resist!

[Obie]

Chas

You are talking about Gary.His house came through fine,he rode out the storm there.Like everyone else down there he lost everything he had in his yard and everything stored under his house.They all lost their stairs also.

We had been saving money to try and repave the road and parking area down there .That may not happen now .The road and parking has been so devastated that we may have to require people to park near our mailboxes and walk in.The only vehicles that can traverse that road are large trucks.Rental cars are no longer going to cut it.

[Chas]

Thanks Obie, glad to hear he is OK. Well, sort of...

Sorry, just realized I hijacked the thread...

[lavalava]

Puts up with the tourists? What percentage are rentals? I always thought that Kapoho made their living off the tourists...

[csgray]

There are quite a few absentee owners who make their money off of vacation rentals, then there are all the people who actually live there, and unless they are cleaning up after the tourists for pretty low pay, none of them make any money off the tourists.

Carol
Not my circus, not my monkeys.