The state Land Use Commission yesterday decided that Kauai ATV could continue operating, despite having built an unpermitted staircase on agricultural lands. Because the company removed the structure from Ha‘upu Valley near Halfway Bridge of its own volition, all five
The state Land Use Commission yesterday decided that Kauai ATV could continue operating, despite having built an unpermitted staircase on agricultural lands.
Because the company removed the structure from Ha‘upu Valley near Halfway Bridge of its own volition, all five commissioners present found that the all-terrain vehicle tour company was no longer out of compliance.
But the decision did not come without a few frank words for Kaua‘i County officials, whom Commissioner Reuben Wong said should have handled the issue locally, instead of deferring to the state regulatory agency.
“It would appear to me that if the county had taken the appropriate action, then this matter would not have come to the state Land Use Commission,” Wong said.
Yesterday’s hearing marked the fourth time that the issue was before the commission.
Kauai ATV first appeared at an April 26 status hearing to respond to complaints from community members and Sen. Gary Hooser, D-Kaua‘i/Ni‘ihau, that it had constructed a large stairway and deck near a pond and waterfall without obtaining building permits from the county.
The stairs were reportedly used to access the waterfall — located at the bottom of a steep slope from the road — during regular tours.
According to the minutes from the April meeting, Kauai ATV owner Olie Rivera told the commission he had built the stairs himself and was not aware that permits were necessary.
The commission followed up by asking Kauai ATV to show cause on July 12 as to why its operating permits not be revoked in light of the violations.
Days before that meeting, Kauai ATV took down the stairway and decks.
But that didn’t quell public testimony, which ran so long that Kauai ATV and the county were unable to make their respective presentations.
The commission continued the hearing to yesterday, at which time all sides wrapped up their arguments. This time around, there was relatively little public comment, though letters supporting and opposing Kauai ATV were submitted to the commission beforehand.
Marleny Cotrim, Kauai ATV manager and daughter of the owner, testified on behalf of the company.
Articulate and contrite, Cotrim said Kauai ATV recognizes that it was wrong to construct the stairs without first seeking county approval, even though the company had not done so maliciously.
“We built the stairway initially for our tours to have a safe passage to a viewing point for our guests,” Cotrim said. “We did so admittedly in error.”
Cotrim noted that all but a few concrete footings have since been removed.
She explained that the company opted not to take out the up to three 1-square-foot posts, which extend about 2 feet into the ground, to avoid accusations of suspicious activity.
At the July hearing, community members had expressed concern about the removal of the staircase just days earlier and presented photos of what they alleged was a new, less conspicuous route to the bottom of the waterfall.
Cotrim also said the company, in going forward, is interested in further reducing its impact to the agricultural lands that it leases from Grove Farm for its off-road tours from Koloa as far north as Kahili Falls and Bamboo Intake.
Yesterday the commission seemed content with the removal of all structures and Kauai ATV’s willingness to cooperate.
Kaua‘i County, represented by Deputy County Attorney James Tagupa, was also appeased.
“We believe that since they removed the offending structure, then that satisfies the county,” Tagupa said.
But the commission’s attention then turned to the county, with Wong asking why the Planning Department had not taken action to remove or request the removal of the stairs when the complaints were first raised months ago.
“They had power to compel the removal of the stairs,” Wong said. “ … The county should step up to the plate and take care of it rather than us be the policemen to see whether one concrete footing has been removed or not.”
The five commissioners present followed with a unanimous vote to dismiss the order to show cause. Chair Lisa Judge and Commissioner Nicholas Teves did not attend.
