Conservation planning committee

A. There is established a conservation planning committee consisting of the following nine voting members and seven ex-officio non-voting members: 1. One faculty or graduate representative from the sustainable science management program or the agriculture and natural resources program, cultural and natural resource management degree path at the University of Hawaii Maui College. 2. One representative from ‘Aha Moku or ‘Aha Kiole. 3. Director of public works or director's designee. 4. Director of agriculture, County agricultural specialist, or director's designee. 5. One representative from a Hawaii-based conservation group or land trust. 6. One council member. 7. One representative who is a full-time resident of the east Maui community plan area. 8. One representative who is a full-time resident of the island of Molokai. 9. One representative who is a full-time resident of the island of Lanai. 10. Ex-officio non-voting members: one representative each from (a) the State department of land and natural resources, (b) the department of management's information technology division, (c) The Nature Conservancy, (d) the office of the mayor, (e) the managing director, (f) the department of finance, and (g) the department of parks and recreation. B. The council member must be appointed by the council for a term concurrent with the council member's term of office. C. To be eligible for appointment as a member of the committee for a seat with a residency requirement, a person must be a resident of the residency area for at least ninety consecutive days immediately preceding the person's appointment. If the committee member moves out of the residency area, the committee member will immediately vacate the seat. D. The following three voting committee members must be appointed by the mayor with the approval of the council by resolution and serve staggered terms of three years: 1. One faculty or graduate representative from the sustainable science management program or the agriculture and natural resources program, cultural and natural resource management degree path at the University of Hawaii Maui College. 2. One representative from ‘Aha Moku or ‘Aha Kiole. 3. One representative from a Hawaii-based conservation group or land trust. E. The following three voting committee members must be appointed by the council by resolution and serve staggered terms of three years: 1. One representative who is a full-time resident of the island of Molokai. 2. One representative who is a full-time resident of the island of Lanai. 3. One representative who is a full-time resident of the east Maui community plan area. F. The seven ex-officio non-voting members must be appointed by the mayor and serve for a term concurrent with the mayor's term of office. At least two voting committee members must have demonstrated expertise in native Hawaiian traditional and customary practices as evidenced by one or more of the following credentials: 1. A college degree in a relevant field, such as Hawaiian studies, native Hawaiian law, native Hawaiian traditional and customary practices, including traditional environmental practices, or related subject area. 2. Work history that demonstrates an appropriate level of knowledge in native Hawaiian traditional and customary practices, including traditional environmental practices. 3. Substantial experience as a native Hawaiian traditional and customary practitioner. G. The council member must be appointed by resolution for a term concurrent with the council member's term of office. The council member may be reappointed for a subsequent term after their current term ends. The voting members from County agencies must be appointed by the mayor, without approval by the council, for a term concurrent with the mayor's term of office. The mayor may reappoint voting members from County agencies for subsequent terms after their current terms end. H. "Staggered terms" means one or more initial terms are made for less than the stated term for members grouped together in a subsection to ensure terms do not all expire at the same time. The mayor or the appointment resolution, if any, must state the duration of each initial term. I. Additional stakeholders may be involved as resource persons for the committee on an ad hoc basis, including subject-matter experts, cultural practitioners, and stakeholder for specific lands, including lineal descendants. The additional stakeholders are not committee members. J. 1. The committee must assist with and oversee the creation of the countywide greenprint and provide recommendations to the mayor, council, and agencies related to this chapter's purpose. 2. The committee may advise the mayor to authorize the County to: a. Acquire real property containing wetlands either by negotiation under chapter 3.44 or by eminent domain. b. Seek execution of a conservation easement to restore or protect wetlands. 3. Wetlands include the following areas: a. Areas where water is the primary factor controlling the environment and the associated animal and plant life; where for any duration of time, at a frequency including nonconsecutive years: i. The water table is at or near the surface and the land is saturated by subsurface water, including the water table, subsurface kahawai, or springs; or ii. The land is covered by water. b. Areas of marsh, fen, peatland, or water. The waterbody can be: i. Natural or artificial. ii. Permanent, temporary, intermittent, or ephemeral. iii. Static or flowing. iv. Fresh, brackish, or salt. v. Above or below ground. vi. Groundwater, precipitation, or surface water-driven hydrology. c. Areas of marine water the depth of which at low tide does not exceed six meters, including fishponds and coral reefs, if within county jurisdiction. d. Areas of riparian zone and floodplain, including flowing, intermittent, or ephemeral streams and streambeds. e. Areas of coastal zones adjacent to wetlands, islands, or bodies of marine water deeper than six meters at low tide lying within the wetlands. f. Areas where hydric soils are present. g. Areas where there is surface or subsurface water that is hydrologically connected to wetlands. h. Areas described by one of the six wetlands classifications: i. Marine: coastal wetlands, coastal lagoons, rocky shores, seagrass beds, coral reefs, and anchialine pools. ii. Estuarine: muliwai, deltas, tidal marshes, mudflats, and mangrove swamps. iii. Lacustrine: wetlands near natural lakes or ponds. iv. Riverine: wetlands near rivers, streams, and gulches. v. Palustrine: marshes, swamps, and bogs. vi. Human-made: Loko iʻa (Hawaiian fish ponds), Loʻi kalo (Hawaiian wetland taro fields), shrimp ponds, farm ponds, paddies, and dams. i. Areas that provide wetland functions, including: i. Conveyance of stormwater. ii. Flood attenuation and storage. iii. Sediment attenuation and reduction. iv. Nutrient and chemical attenuation and reduction. v. Plant community abundance and diversity. vi. Fish and wildlife habitat. vii. Groundwater recharge and discharge. viii. Shoreline or stream bank stabilization. ix. Carbon sequestration. j. Areas that formerly had wetland characteristics or functions but have been altered or degraded by channelization, filling, draining, dredging, grading, grubbing, deep ripping, groundwater pumping, hardening of surfaces, or introduction of non-native or aggressive-invasive plant and animal species. K. Funding for the countywide greenprint may be provided by the County, subject to appropriation by the council. ( Ord. No. 5421 , § 4, 2022; Ord. No. 5187 , § 1, 2021; Ord. No. 4878 , § 1, 2018, eff. 1-2-2019)