LIHU‘E — A outdoor-recreation tour company that offers the “thrill of a lifetime,” as stated on its website, has been doing it for years without a Use Permit from the County of Kaua‘i. Outfitters Kaua‘i will go before the Kaua‘i
LIHU‘E — A outdoor-recreation tour company that offers the “thrill of a lifetime,” as stated on its website, has been doing it for years without a Use Permit from the County of Kaua‘i.
Outfitters Kaua‘i will go before the Kaua‘i Planning Commission on Tuesday, seeking a Use Permit to operate recreational tours in the Kipu area, plus build recreation facilities, including additional ziplines.
Outfitters offers kayak tours up Hule‘ia River, through the “beauty and solitude of the surrounding National Wildlife Refuge.” Up river, customers hike through a fern-covered valley to reach pools and waterfalls. On the way back a “very cool” motorized canoe does all the work, according to the company’s website.
Outfitters, which offers several different tours around Kaua‘i, also operates a six-station zipline tour in Kipu, and is proposing to build six additional stations there.
The company, however, doesn’t appear to have been doing anything illegal or without permits, since the county Planning Department until now has never required them to obtain a Use Permit.
Outfitters has a county-issued Special Management Area Permit to conduct outdoor recreation, despite running a commercial activity in the Kipu area for well over 10 years.
On Aug. 26, 1998 the county Planning Department approved the SMA Permit to allow Outfitters to operate guided kayak, hiking and biking tours in Kipu. On April 21, 2001, the permit was amended to allow a tractor to be included in the guided tours.
At that time, staging and collecting of fees occurred within industrial and commercial districts, at Nawiliwili and Po‘ipu, so the department interpreted the activities that were being conducted on agricultural lands as outdoor recreation, therefore a Use Permit was not required.
In the meantime, Outfitters added a six-station zipline tour in Kipu, and is now planning to double the number of ziplines. The planning director’s report regarding Outfitters’ application said the existing ziplines have not yet received appropriate zoning permits.
Because of the increase of the commercial activities in Kipu, the department reassessed the activities and determined that they constitute commercial recreation. So Outfitters now must go through the process to obtain a Use Permit.
SMA Permits, despite being regulated by county, state and federal laws, must be approved by the Planning Commission and administered by the county Planning Department. Use Permits relate to county zoning ordinances and types of activities carried on in different zoning districts.
Per Section 13-6 of the rules of practices and procedures of the commission, the proposed use on state agricultural lands can be permitted through a special permit if it meets the criteria as an unusual-yet-reasonable use of the land.
The commission meeting is scheduled for Tuesday, 9 a.m. at the Lihu‘e Civic Center Mo‘ikeha Building first-floor conference room.
Rick Haviland, owner of Outfitters Kaua‘i, could not be reached for comment.
Go to www.kauai.gov for more information.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.
