NOTICE OF PUBLIC HEARING
Pursuant to Hawaii Revised Statutes (“HRS”) Chapter 91 and the Rules of Practice and Procedure of the County of Kauai Rules of Practice and Procedure of the County of Kaua’i Public Access, Open Space, and Natural Resources Preservation Fund Commission Chapter IV., notice is hereby given that the County of Kauai Planning Commission (“Commission”) will hold a public hearing to hear testimony and comments from all interested persons regarding the following:
Proposed Amendments to Report Process, Chapter V. of the Rules of Practice and Procedure of the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission
New Application Process for Maintenance Grants, Chapter VI. of the Rules of Practice and Procedure of the County of Kauai Public Access, Open Space, and Natural Resources Preservation Fund Commission
The Commission is amending its Rules by amending Chapter V., Application Process for Open Space Funds, which details the process to submit applications and proposals for the use of Open Space Funds, and adding a new Chapter VI., Application Process for Maintenance Grants, which details rules pertaining to maintenance funds. A summary of the proposed amendments is as follows:
Chapter V. Application Process for Open Space Funds (Delete and Replace)
The proposed rule establishes updated procedures and criteria governing proposals and applications for the use of Open Space Funds for land acquisition, improvements, and related purposes. The amendments clarify eligibility requirements, allowable expenditures, and proposal criteria, including public benefit, cost-effectiveness, and feasibility. The rule further establishes prohibitive factors for unsafe properties and outlines a structured review process, including preliminary and final evaluations by the Planning Department and Commission.
The proposed Chapter V also formalizes requirements for the Commission’s biennial report, including fund analysis, project prioritization, and acquisition planning, as well as procedures for transmitting recommendations to the County Council and Mayor. Additionally, the rule refines the dossier recommendation process for urgent acquisitions and establishes comprehensive requirements for land acquisition grants, including applicant eligibility, matching fund requirements, grant agreements, and enforcement provisions.
Chapter VI. Application Process for Maintenance Grants (New Chapter)
The proposed rule establishes a new framework for the use of a portion of the Open Space Fund for maintenance of properties acquired or improved with the Fund. The rule provides for annual allocation of up to five percent (5%) of the Fund for maintenance purposes and sets forth eligibility requirements for applicants, including designated stewards of funded properties.
The rule outlines allowable uses of maintenance funding, application requirements, evaluation criteria, and timelines for review and approval. It also establishes requirements for maintenance grant agreements, reporting and accountability, and enforcement provisions to ensure proper use of funds and long-term stewardship of Open Space properties.
A public hearing will be held on Friday, June 5, 2026, at 1:00 p.m. or thereafter in the Lihu’e Civic Center, Pi’ikoi Suite 300, Boards and Commission Meeting Room, 4444 Rice Street, Lihu’e, Kaua’i, Hawai’i. All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, on the proposed rule amendments at the time of the public hearing. Persons wishing to submit written testimony are requested to submit their written testimony to the Planning Department, 4444 Rice Street, Suite A473, Lihu’e Kaua’i, 96766, or via email to openspace@kauai.gov. Persons presenting oral testimony are requested to also submit their testimony in writing to the Planning Department at the addresses noted above. All submissions for the record must be received at or prior to the scheduled public hearing.
A copy of the proposed rule amendments will be mailed to any interested person who requests a copy and pays the required fees for copying and postage. Please submit your request to the Planning Department at the addresses listed above. Copies of the proposed rule amendments may be picked up from the Planning Department at the above address between the hours of 7:45 a.m. and 4:30 p.m., Monday through Friday, excluding holidays. In addition, the full text of the proposed rule amendment is available on the web site of the Planning Commission: https://www.kauai.gov/Government/Boards-and-Commissions/ Planning-Commission. Individuals who require special needs accommodations may request assistance by writing or contacting Mr. Brent Sokei at (808) 241-4050 at least seven (7) working days prior to the scheduled public hearing.
(TGI1526163 5/01/26)
