In a lawsuit, Maui Tomorrow rejects the regulations as essentially toothless, but the county says they will expedite permitting and avoid unnecessary hurdles. A new coastal management regime that took effect in Maui County on Sunday is unlawful, according to Maui Tomorrow Foundation. The Wailuku-based nonprofit filed a lawsuit in state court last week against Maui County and the Maui Planning Commission over “categorical exemptions” written into the Special Management Area rules that it says effectively render the coastal regulations ineffective.
The commission adopted the SMA regulations in November and Mayor Richard Bissen approved them in July. Planning Director Kate Blystone did not respond to a request for comment Monday. The mayor’s communications team declined to comment on the case.
But the Maui County website says the new rules will “streamline the permitting process” in addition to using the best available science on sea level rise to improve coastal resilience. The rules stem from 1972 when Congress passed the Coastal Zone Management Act to balance economic development with protection of sensitive coastline areas by regulating what can and cannot occur inside them. The state holds authority over the CZMA program but delegates administration and enforcement to the counties.
The new Maui County rules take into account sea level rise projections and come nearly two years after the Maui Planning Department published its draft version of the rules. The draft f.