Grading & Clearing fees may increase

Hawaii County may tighten rules, raise costs, for residents, farmers

Developers wanting to grub or grade property larger than one acre will face new county requirements, plus higher fees under a Hawaii County Department of Public Works proposal. Farmers will also face new rules.

At urban construction sites, runoff, dust and erosion would have to be controlled, and toxic materials safety stored. While such practices are already in place, they vary depending on the type of project and are not written into county code.

All agricultural operations would need a soil and water conservation plan prepared by a licensed engineer or a conservationist. Farms would be checked by the county every five years to make sure plans are being followed. Under current rules, conservation plans for farms are optional, said Public Works spokeswoman Noelani Whittington.

Regardless of whether they're in the town or country, if someone wants to grade an area larger than 15,000 square feet, or grub -- remove vegetation -- more than an acre, they will have to follow a formal process written into the code. New requirements include an erosion control plan prepared by an engineer or land surveyor. Grading permit applications will also have to be filled out by the engineer or surveyor.

Property owners and contractors would be responsible for violations and fines up to $1,000 a day. The county could also require the owner to post a performance bond to cover the cost of work to correct the problem. Farms that fail to follow their conservation plans could be hit with a violation notice as well.

The steps are needed to protect the island's water resources, property and public health and safety, according to the county.

Grubbing permit fees will increase from $5 to $30 for work larger than an acre. And fees for moving the soil around will increase from $5 to $15 per 100 cubic yards, and from $25 to $150 for the first 1,000 cubic yards.

The new provisions would revise Chapter 10 of the Big Island County Code governing erosion and sediment control. Public Works will present the proposed changes to the Public Works and Intergovernmental Relations Committee in Hilo on Sept. 23.

But a County Council ad hoc committee is working on similar measures that are more detailed and spell out more clearly what contractors and owner must do, said Ka'u councilmember Bob Jacobson.

"Ours is a bit more all-encompassing," he said. "We'll be working on it. We're aiming for something that's clear, with fewer intangibles."

Hugh Willocks of Willocks Construction Corp. said he hadn't yet had a thorough look at the Public Works proposal, but his initial reaction was that it'll cost more to get work done.

"It looks like it has far-reaching implications if you have every farmer get a conservation plan by a registered engineer," Willocks said. "It's going to be costly and it's going to slow things down a lot."

"I wonder what prompted it," he said. "It looks like a lot more county oversight, and they have enough work with what they already got."

Jacobson acknowledges there will be greater costs for contractors and property owners.

"But in the long term, there will be less cost to the public in damage to roads and public structures. We're trying to make people more responsible in how they handle drainage ways," Jacobson said.

Chapter 10 has not been updated since 1975. The proposed changes put forth by the Public Works department originated from 2005 meetings between county agencies, the Hawaii State Department of Health, the Hawaii Coastal Zone Management Program, soil and water conservation districts and other parties.