Double Your Fun: Big Island Considering Another Planning Commission

According to this story in the West Hawaii Times (free registration may be required), the County of Hawaii is considering amending its Charter to form another Planning Commission, and splitting jurisdiction between a Leeward commission and a Windward commission. 

No one has challenged the validity under state law of a county having more than a single planning commission (even though Maui County for some time has has three -- one for each populated island within the county), and state law can be read to require that each county have a single commission. Jesse Souki analyzed the issue in this post on his Hawaii Land Use Law blog.  Also, see his comment below.

Comments

[Jesse]

I analyzed whether two planning commissions are legally permissible at http://hilanduse.blogspot.com/2007/09/hawaii-county-considers-second-planning.html

Aside from the fact that it may not be permitted under the law, there are the practical implications of having more than one planning commission as opposed to advisory boards who make recommendations to the planning commission (e.g., on Oahu).

Maui County’s Maui, Molokai, and Lanai planning commissions have sometimes complicated rather than clarified land use matters since each has the power to approve land use entitlements. In smaller communities like Molokai, the planning commission has sometimes departed from the interests of their community by proposing such initiatives as making the entire island a special management area. This would have the effect of subjecting just about every landowner's use of his property to the planning commission's approval.

[rht]

Good points, Jesse. Check out the link he provides for the use of the singluar "a county planning commission" in chapter 46.

For some reason, the link above doesn't seem to work, so I'm going to repost it in the body of the main post and below:

http://hilanduse.blogspot.com/2007/09/hawaii-county-considers-second-planning.html