More government information at Hawaii.gov

Notice #: 0001477677-02
Public Hearings

DEPARTMENT OF PARKS AND RECREATION
KA ‘OIHANA MALAMA PAKA A ME NA HANA HO’ONANEA
CITY AND COUNTY OF HONOLULU
PUBLIC HEARING NOTICE
Repeal of the City and County of Honolulu Administrative Rules
entitled “1984 Amended Rules and Regulations for Community Recreational Gardening Program”
And the Adoption of Title 19, Chapter 19-12, City and County of Honolulu Administrative Rules,
“Rules and Regulations Governing the Honolulu Recreational Community Gardening Program”
Notice is hereby given of proposed rule repeal, rulemaking, and public hearing by the Department
of Parks and Recreation, City and County of Honolulu, to consider the repeal of the 1984 Amended
Rules and Regulations for Community Recreational Gardening Program and the adoption of
proposed Title 19, Chapter 19-12, City and County of Honolulu Administrative Rules, governing the
Honolulu Recreational Community Gardening Program.
The Department of Parks and Recreation proposes to repeal the existing rules governing the
community gardening program. Relative to the repealed rules, the adopted rules:
• Enhance safety through: Plot visibility requirements, no roofing, tree and fence height limits,
border height limits, no cactuses in common areas, no hazardous plants near plot border, no
changing surface run-off patterns, certain structures not allowed, and no hazardous materials
(bird spikes, barbed wire, etc.).
• Increase fairness and ease turnover of plots with: Trees/woody plants in pots, no inheriting
plots, City staff oversight of the application process, clearer list of violations, detailed
revocation and appeal process, and requirements for new gardeners to begin plot work within
14 days.
• Reduce the burden on volunteers through: City waitlist and application process oversight,
annually updated contact information provided to the plot officer for each gardener,
community gardens determining meeting and cleanup requirement within certain parameters,
and modernizing systems by allowing email use, virtual meetings, digital payment, etc.
• Promote ecologically sound practices, including: No herbicides/pesticides/fungicides or
soil amendments without prior approval, water conservation measures, invasive species
measures, and ban of certain materials in plots, such as Styrofoam.
• Improved clarity and transparency of processes and procedures with: A clearly identified
penalty process for violation of rules, fees and dues structured on a fixed schedule, roles and
responsibilities of gardeners/garden officers/temporary helpers, and detailed procedures for
meetings, elections, and how information is communicated.
The proposed new rules are summarized as follows:
§19-12-1 States the purpose for the adoption of the rules.
§19-12-2 Identifies that these rules apply to City-run community gardens.
§19-12-3 Adds new definitions and amends existing definitions.
§19-12-4 Identifies the indemnification and assumption of risk for participants.
§19-12-5 States that the director may waive any provision of this chapter if consistent with the
purposes of this chapter and in the public interest.
§19-12-6 States that if any part of these rules is held invalid or unconstitutional, the portion will
be held separate and not affect validity of the remaining portions.
§19-12-7 States that a plot permit is required to participate.
§19-12-8 Establishes the permit application process.
§19-12-9 Establishes the plot assignment process.
§19-12-10 Identifies department fees.
§19-12-11 Identifies the gardener’s duties and responsibilities.
§19-12-12 Identifies planting rules.
§19-12-13 Identifies plot rules.
§19-12-14 Identifies garden rules.
§19-12-15 Identifies common area rules.
§19-12-16 Identifies storage shed rules.
§19-12-17 States the conditions that would require the closing of areas.
§19-12-18 States the purpose of the Community Garden Organization.
§19-12-19 Establishes the organization and roles of the Community Garden Organization.
§19-12-20 Identifies the management duties of the Community Garden Organization.
§19-12-21 Identifies garden dues.
§19-12-22 Establishes meeting rules of practice.
§19-12-23 States the purpose of the Community Garden Council
§19-12-24 Establishes the organization and management of the Community Garden Council
§19-12-25 Identifies the criteria to revoke a permit.
§19-12-26 Establishes the process for permit revocation.
§19-12-27 Establishes the process for appealing a revocation.
An in-person and virtual public hearing will be held on January 28, 2025 from 5:30 p.m. to 7:30
p.m. at Foster Botanical Garden, Conservatory Classroom, 180 N Vineyard Boulevard, Honolulu,
Hawai’i 96817. The virtual meeting will be held via Zoom, and can be accessed using the following
link: bit.ly/gardenhearing
All interested persons are urged to attend the public hearing and present data, views, or
arguments in the time limit provided, for consideration by the Department of Parks and Recreation.
Persons unable to attend or wishing to present additional comments may mail written testimony to
the Department of Parks and Recreation, Executive Services Division, 1000 Ulu’ohi’a Street, Suite
309, Kapolei, Hawai’i 96707, no later than February 4, 2025.
Interested persons may review the current rules to be repealed and proposed rules starting today
and ending five days prior to the day of the public hearing during the hours of 7:45 a.m. to 4:30
p.m. at the Department of Parks and Recreation, 1000 Ulu’ohi’a Street, Suite 309, Kapolei, Hawai’i
96707.
A copy of the rules to be repealed and proposed rules shall be mailed to any person who submits
a written request to the above address and pays the required fee of $12.18 for the cost of duplicating
the documents and postage. A complete set of the current rules to be repealed and proposed rules
is also available, free of charge, along with supplementary materials such as Frequently Asked
Questions, an index, and past meeting recordings, on the Honolulu Recreational Community
Gardening Program’s website:
https://bit.ly/hrcgp-rule-revision
Individuals interested in attending the public hearing who have special needs or require special
assistance may contact the Department of Parks and Recreation at (808) 768-3006, by writing
to the above address, or emailing parks@honolulu.gov at least five (5) business days before the
scheduled public hearing.
LAURA H. THIELEN, Director (Po’o)
Department of Parks and Recreation
(SA1477677 12/27/24)