A18-805 Church-Hildal


The Petitioner, Kenneth Stanley Church and Joan Evelyn Hildal, are requesting the reclassification of approximately 3.368 acres of land currently in the State Conservation District to the State Agricultural District consisting of two parcels TMK Nos. (3) 2-9-003:029 and 060.  These former sugar cane lands in Wailea, South Hilo, island of Hawaiʻi.  The property is currently used for agricultural purposes and has one existing agricultural storage and processing structure and one permitted dwelling under construction.


A petition was initially filed on July 20, 2018.  After a review of the material submitted, Petitioner was advised to look at previously filed petitions for style, format, and content; also, Petitioner was referred to the Commission’s administrative rules indicating specific guidance on filing requirements.  On July 31, 2018, Petitioner filed additional information in support of their filing.  On August 1, 2018, the LUC deemed the filing incomplete and directed the Petitioner to provide additional information, including evidence of compliance with Chapter 343, Hawaiʻi Revised Statutes (HRS).

On August 9, 2018, the Petitioner filed a Motion That the Land Use Commission Accept an Existing EA/FONSI.  On August 10, 2018, the LUC informed Petitioner that the filing was incomplete and did not follow requirements.  On September 5, 2018, the Petitioner filed an Amended Motion that the LUC Accept an Existing EA/FONSI as Sufficient to Support the Petition.

The LUC has tentatively scheduled a date to hear Petitioner’s Motion for January 23, 2019 in Hilo.  Please consult the LUC Calendar for specific details as they are posted.

Petitioner Filings

Petition for Boundary Amendment from State Conservation District to State Agricultural District

Motion for LUC to Accept an Existing Final Environmental Assessment/FONSI in Support of Petition filed August 10, 2018

Petitioner’s Cover Letter dated August 10, 2018

Exhibit 1 – Final EA/FONSI and Acceptance Letter by DLNR dated June 22, 2016

Exhibit 2 – Excerpt from July 8, 2016 OEQC Environmental Notice

Amended Motion for LUC to Accept an Existing EA/FONSI in Support of Petition filed August 15, 2018

Exhibit 1 – DLNR FONSI Determination Letter dated June 22, 2016

Exhibit 2 – DLNR Response Letter from Sam Lemmo (OCCL) re:  Removal of Invasive Species dated January 27, 2017

Exhibit 3 – County of Hawai`i Planning Department Response Letter re:  Agricultural uses in the SMA dated March 22, 2018


State Office of Planning Filing (OP)

A18-805 Office of Planning’s Response to Petitioner’s Amended Motion that the Commission Accept the Existing FONSI, Exhibit 1 , As Sufficient to Support the Petition dated October 31, 2018


County of Hawai`i Planning Department Filings (COH)

Docket No. A18-805 – Church-Hidal – PD Response to Petitioner’s Amended Motion dated November 26, 2018


Public Comments


LUC Notices and Orders


LUC Correspondence

LUC letter deeming Petition an incomplete filing dated August 1, 2018

LUC Letter deeming Petitioner’s Motion an incomplete filing dated August 10, 2018

LUC Letter Clarifying Procedural Filing Issues; Petition still incomplete dated December 11, 2018