A15-798 Waikapu Properties, LLC, et al


Petitioner Waikapu Properties, et.al., filed a petition with the Commission on April 16, 2015 for their project called Waikapu Country Town.  The Commission heard Petitioner’s Motion asking the Commission to be the approving authority for an Environmental Impact Statement (EIS) and to go straight to preparation of an EIS document at its hearing on Maui on April 29, 2015.  The Commission granted Petitioner’s Motion by Order dated May 1, 2015 (see below under LUC Notices and Orders).  Petitioner filed a draft EIS (DEIS) with the State Office of Environmental Quality Control (OEQC) which was published on February 8, 2016.  The public review and comment period for the DEIS ran until March 24, 2016 *(original deadline as published on February 8 OEQC Bulletin was March 28).  The Public Comments section contains comments received during that time period.  The draft Final EIS (FEIS) was published in the January 8, 2017 issue of the OEQC Bulletin; but you can access a complete copy in sections from the link below.  The Commission accepted the FEIS on January 18, 2017 on Maui.

The Petitioner provided the Commission with an amended Petition that incorporated information contained within the accepted FEIS and any additional required information, and the Commission reviewed the application for completeness.  The Petition was deemed a complete filing on June 9, 2017, and the Commission’s 365-day time period for making a decision has begun.

The Commission approved the Petition in February 2018.  Findings of Fact, Conclusions of Law, Decision and Order (02/26/2018)


Post-Decision ActionsNotices and OrdersPetitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsCorrespondencePublic CommentsAnnual Reports


PETITIONER’S Draft Petition, (04/16/2015)
Petitioner’s Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement Under HRS Chapter 343 and For Authority to Prepare Environmental Impact Statement, Memorandum in Support of Motion, Appendix “1”, COS (04/16/2015)
Environmental Impact Statement Preparation Notice (EISPN) (11/12/2015)

Part I: EISPN Report
Part II: EISPN Appendices
Petitioner’s Affidavit: Notice of Filing Petition, Exhibit 1-3, COS


Petitioner Submittal Letter to OEQC of Draft EIS (02/02/2016)
Petitioner’s Draft Environmental Impact Statement (DEIS) (02/08/2016)
Petitioner’s draft Final EIS (12/23/2016)


Copy of Petitioner’s PowerPoint presentation used at LUC 01/18/2017 meeting
Amended Petition for Land Use District Boundary Amendment (05/01/2017)

EXHIBITS 1-50 to Amended Petition (also click here for links to Direct Witness Testimonies)
Verification of Michael Atherton
Affidavit of Mailing, COS

Exhibits 12 & 13 with metes and bounds descriptions signed and stamped by licensed surveyor (06/09/2017)
Affidavit of Mailing of Notice of Filing of Amended Petition; Exhibits “1”-“3”; COS (07/25/2017)
Petitioner’s Witness List (10/27/2017) (*go to EXHIBITS to Amended Petition for links to Direct Witness Testimonies)
Petitioner’s Exhibit List (10/27/2017)
* Revised Exhibit 12 and Revised Exhibit 13 (11/02/2017)
Supplemental Exhibit List- Exhibits 36-49 submitted at LUC hearing on 12/06/2017 on Maui
Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/26/2017)



Stipulation by Parties re: Filing Dates; Order (10/03/2017)



Petitioner’s Second Supplemental Exhibit List, COS (01/04/2018)
JAN 24 Petitioner’s Supplemental Proposed Findings of Fact, Conclusions of Law and Decision and Order (01/25/2018 email – 01/29/2018 hard copy)

2019 Annual Report (01/02/2020)

2020 Annual Report (02/21/2020) County Comments (03/05/2020)

2021 Annual Report (05/27/2021) County Comments (09/10/2021)

2022 Annual Report (03/07/2022) County Comments (03/24/2022)

2023 Annual Report (03/10/2023) County Comments (03/29/2023)