For the past several generations, a well-known Kihei forest has provided one of Kihei’s last green spaces, and also a habitat for endangered Species. That is until the new Oahu-based landowners started clearing away the forest, without the necessary permits or permissions.
One of the last green areas in Kihei, a habitat for endangered species, and a designated wetland. This area provides roosting habitat for endangered Hoary bats and other endangered species and is being illegally cleared. This area is part of the flood plains inventory of protected wetland areas, which means that there needs to be proper studies of environmental impacts before work is carried out for permits are granted. This parcel is also located in the SMA Zone and requires an SMA permit for this scope of work, which they did not have. No permits have been requested or issued, and a full 7 acres of living forest have been cleared. The authorities were extremely slow to respond, and despite repeated public outcry, and requests to the authorities, they failed to stop the violations. The County Issued Warnings, and eventually a lawsuit was brought by a public environmental Group against the landowner, The 2nd Circuit Judge, Judge Cahill, issued a Stop Work order that was also ignored, and there was a 5-hour court hearing, Friday 13th where the Judge ordered the landowner to cease cutting down green trees and disturbing soil, However, even this order has been ignored since then.
August 27th, 2024: The Maui County Planning Department issued a notice of warning on Aug. 27 to the owners of a 7.2-acre parcel at 68-148 E. Waipuilani Road for large-scale vegetation removal and soil disturbance without an assessment or determination required for property in the Special Management Area.
August 28th, 2024: Ka ‘Ohana O Nā ‘Āina Pulu filed a complaint for declaratory and injunctive relief and a temporary restraining order against six developer LLC companies and the County of Maui “to prevent the on-going, un-permitted clearing of 7.2 acres of wetlands at 68-148 E. Waipuilani Road.” A temporary restraining order was issued on Sept. 3.
September 13th, 2024: On Friday 13th, 2nd Circuit Court Chief Judge Peter Cahill approved an agreement Tuesday between the two sides of a dispute over the clearing of a 7.2-acre wetlands parcel in Kīhei.The framework of the agreement was largely hammered out Friday behind closed doors. It puts a stop to the cutting of live trees and allows a conservation group that filed a complaint over the clearing to visit the site.
The area in green is designated as wetland by the County Wetlands Overlay. The rectangle in the middle is the property that was the subject of a complaint over illegal clearing work. Map courtesy of JOHANN LALL