Building on Maui Stalled by State Agency Backlog

BUILDING ON MAUI STALLED BY STATE AGENCY BACKLOG

Orlando and Rowena Baraoidan believed that rebuilding on a new lot in Central Maui would be a smoother process after their home was lost in the devastating Lahaina fires of August 2023. Instead, they find themselves mired in bureaucratic delays, unable to break ground on their vacant property due to a backlog at the State Historic Preservation Division (SHPD).

The core issue is a completed archaeological study—essential for obtaining a county building permit—that has been with SHPD for months without movement. “We just don’t know what to do,” Rowena expressed in a recent interview. “Our hands are tied.”

Planners, consultants, and homeowners alike report that SHPD’s review process has become more sluggish than ever. As housing needs in Maui surge, the agency tasked with safeguarding Native Hawaiian burial sites and other historic resources is facing mounting criticism. This bottleneck can extend for years, leaving individuals like the Baraoidans in limbo.

A Honolulu attorney recently resolved a similar situation for five homeowners who had been stuck in the permitting process for three years. “SHPD’s had a long history of delaying projects. That’s nothing new,” Thorne Abbott, a former Maui County coastal planner, noted. “But this is the worst I’ve seen it in years.”

The precise scope of the SHPD backlog remains unclear, as the agency and its parent organization, the Department of Land and Natural Resources, declined to provide an interview for this piece. However, Dan Dennison, DLNR’s communications director, confirmed that Gov. Josh Green’s office is actively addressing the backlog as part of broader housing initiatives on Maui. “SHPD has been working with a task force established by the Governor’s office to expedite housing project approvals,” Dennison stated.

Source from https://www.civilbeat.org/2024/10/state-agency-backlog-is-stalling-building-on-maui/

The Bottleneck: A Multi-Step Process

The delays stem from SHPD's requirement for comprehensive archaeological studies, often demanding multiple drafts and surveys before granting approval. Nico Fuentes, an archaeologist from Atlas Archaeology, emphasized that homeowners aren’t trying to bypass historic preservation laws; they just want timely reviews according to existing regulations. Despite a submitted report indicating no historical sites on the Baraoidans’ property, they remain in a holding pattern, waiting for SHPD’s verdict.

Under SHPD’s administrative rules, county governments can step in if there’s no response within 45 days. Attorney Sharon Paris has urged Maui County to intervene on behalf of the Baraoidans and others facing similar challenges. “It’s unfair, and frankly against the law, to place the burden of these systemic issues on individual Maui citizens,” Paris stated.

Maui County’s public works director, Jordan Molina, acknowledged the complexity of the situation. The county typically defers to SHPD, leading to delays for property owners caught in the crossfire of bureaucratic inefficiency.

Consequences of Inaction

The impact of these delays is particularly pronounced in the wake of the Lahaina wildfires. With numerous proposed projects now requiring SHPD review, the already overstretched agency faces insurmountable demands. As Rep. Elle Cochran of Lahaina noted, the need for timely responses has never been more critical.

Molina echoed this sentiment, indicating that the county is competing with individual homeowners for SHPD’s limited resources. “They’re extremely understaffed at this point, which doesn’t help at all,” he said.

This situation has led to frustration and financial strain for homeowners like the Baraoidans. They initially purchased their property in March, assuming that the previous owner’s efforts would facilitate a smooth transition. With two sons and seven grandchildren also affected by the fires, the couple had hoped to create a new home where family could gather—especially as the prospect of rebuilding in Lahaina remains uncertain.

Orlando works as a golf course superintendent, and Rowena is in financial services. While their insurance covers temporary housing, those funds are running out. Soon, they will face the burden of both housing expenses and a mortgage on a property that might remain unbuilt.

“It’s so stressful,” Orlando said. “We were just wishing for one thing to go as planned.”

Source from https://www.civilbeat.org/2024/10/state-agency-backlog-is-stalling-building-on-maui/

Looking Ahead

As the Baraoidans and countless others navigate this bureaucratic maze, the pressing need for action is clear. Both SHPD and Maui County must find a way to streamline the permitting process without compromising the important protections for historic sites. The stakes are high—not only for the future of housing on Maui but for the families who have lost so much and are eager to rebuild their lives.