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Blake D. McElheny


Land-use law helps prevent
unnecessary urbanization


Hawaii manages an enormous and growing economy while trying to protect its environmental and cultural resources. Most of the resource-intensive economic activity properly occurs in areas designated "urban" by the state land-use law. Lands designated "agricultural" also contribute significantly to the economy, especially as diversified agriculture continues to grow.

Hotel occupancy rates currently exceed 80 percent. Residential construction levels exceed 12-year highs. Sugar and pineapple are stronger than they have been in 11 years, and the quality of diversified agriculture is increasing.

Governing Magazine lists Hawaii as No.1 among the 50 states in unemployment reduction. Hawaii places second for "economic momentum," an index used to average the most recent one-year changes in employment, personal income and population.

In this context, it is exciting to witness the ongoing public dialogue about Hawaii's land-use law. Living on islands, it is appropriate to discuss finite resources, how to best sustain them, and how to reach agreement on appropriate land uses. The dialogue also gives the community a fuller appreciation of the law that has kept Hawaii from becoming paved over by urbanization during this economic growth.

Several key facts also can aid the understanding of the land-use law.

>> Hawaii implemented a state-wide zoning system in 1961. Since then, 12 other states have followed suit. Like Hawaii, these states rely on the protection of natural and cultural resources to support tourism and agriculture is important to their economies.

>> Hawaii's land-use law includes "agricultural" lands that are not particularly suited for intensive agricultural activity or farming. This is because of the law's intent to prevent costly urbanization of lands far from existing urban areas where additional development is more efficient. This was achieved in part by designating large areas in the agricultural and conservation districts. Though it was not labeled as such in 1961, contemporary planners might call this a growth management or urban containment strategy. In other words, when agriculturally designated lands restrict urban uses outside of the urban core, they serve their purpose even if they are not actively farmed.

>> More than enough land already is designated "urban" to achieve orderly growth, as long as the land is used efficiently.

The Web site http://luc.state. hi.us/maps/oahu_slud.jpg shows just how much of Oahu already is designated "urban."

>> The land-use law views residential development as an "urban" activity because of the need for utilities, roads, schools and other services. These expenses are passed on to the taxpayers and can hurt the economy if not managed properly.

>> Nearly 200,000 acres have been reclassified from agriculture since the land-use law was implemented. It is rare for the state Land Use Commission to reject a reasonable request for reclassification from agricultural designation. In any event, the existing reclassification process provides an excellent opportunity to examine proposed land uses. The process also allows for safeguards to prevent environmental and cultural damage and ensure that taxpayers aren't burdened with substantial infrastructure costs.

Therefore, most claims that more lands need to be opened up to urbanization without a thoughtful process are unreasonable from a planning perspective. These claims are factually, legally and historically incorrect.

Changing the land-use law and land designations based on misperceptions would be a major step backward for Hawaii. We must acknowledge the law's relative success in managing economic activity while protecting environmental and cultural resources from urbanization. Such an acknowledgement should come before debate about the definition of "important agricultural lands," "farm" and "farm dwelling."

Hawaii would be better off directing greater public attention and private and public investment to the full and orderly build-out of existing urban areas. This will limit costly controversies and excessive infrastructure expenses. New partnerships in these efforts will sustain Hawaii's economic momentum.


Blake McElheny was raised on the North Shore of Oahu and is a member of several community organizations.

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