Letter to the Editor
Growing up here on Kauai, I was always taught to return borrowed property in better condition than when I received it. I can remember cleaning my cousins’ toys after using them, washing my grandfather’s car after driving it around the block, cleaning all the fishing equipment borrowed from a friend after a weekend fishing expedition, cleaning all the woks that we borrowed to cook malasadas at the County Fair, and cleaning up the beach after a campout. There was never a question about taking care of property that belonged to others. We were the stewards of the borrowed property while the property was in our possession. This is a great practice and that was passed on to me by my parents, and their parents, and their parents, etc.
Yesterday, the Kauai County Council passed a bill that will allow illegal vacation rentals to continue to operate on Kauai’s precious agriculture lands. Although Chapter 205 of the Hawaii Revised Statutes clearly prohibits the use of agriculture lands for the purpose of vacation rentals, and provides for a process for illegal vacation rental owners to apply for a special use permit, Councilmember Tim Bynum introduced this bill to allow these illegal vacation rental owners to operate legally under County law. Council Chair Kaipo Asing and Councilmember Derek Kawakami voted against the bill, but Councilmembers Furfaro, Kaneshiro, Bynum, Chang and Kawahara voted to approve it. The bill passed and will be going to Mayor Carvalho for his signature.
As a result of this bill, we will not be passing these lands to the next generation in better condition than when we got them. We will have effectively taken out a huge chunk of agriculture lands from this precious island that ironically is called the GARDEN Island. We have not acted as good stewards of these lands. Remember, we are all only visitors here. We have a relatively short time here on Earth, and we must preserve and protect this “borrowed” place that we call Kauai.
This bill will cause the increase in property values of agricultural lands making it even more difficult, if not impossible, for true farmers to acquire lands to farm on. The most disturbing part of this bill is that it punishes all of the local families that have had agriculture lands in their families for generations. Because they chose to follow the laws and not build anything other than farm dwellings on their properties, they are forever prohibited from having a revenue-generating vacation rental on their property. For those investors that chose to violate Chapter 205, as well as their Farm Dwelling Agreements, and use their agriculture lands for vacation rentals, they are now “permitted” to continue. This is a travesty for the agriculture industry on Kauai.
This bill undermines the intent of Chapter 205 of the Hawaii Revised Statutes, which was enacted to preserve agriculture lands throughout the State. This bill must not become law. I hope that Mayor Carvalho quickly vetoes this bill.