On May 8, the Department of Land and Natural Resources’ Office of Conservation and Coastal Lands will request that the Board of Land and Natural Resources approve a settlement agreement for a violation case brought on April 26, 2024, regarding unauthorized fence construction in the Conservation District at Marconi Point.
The OCCL had identified unauthorized fences in the Conservation District on Unit 1 of the Marconi Point Condominiums project, as well as along the boundary between the project and Turtle Bay Resort.
The OCCL noted in its report to the Land Board, “The fence lines are detrimental and interfere with the life cycle of the moli (Laysan albatross) creating separation, anxiety, and trauma to the protected bird. Fences block the adults when caring for their egg and young as they take turns watching over the nest. When the birds are ready to leave the nest, fences may block the flight path of the very important initial first flight.”
The office initially proposed imposing a fine of $15,000 against the Association of Unit Owners of Marconi Point Condominiums and/or the project’s developer, Makai Ranch, LLC, and requiring the boundary fence’s removal from the Conservation District.
The boundary fence was constructed long before the owners’ association was created. Even so, because the easement containing the fence is a common element of the CPR, “the entire CPR is responsible for this violation,” the OCCL’s report stated. (The Unit 1 fences were later removed as part of a settlement agreement with the former owner of that lot.)
At the board’s April 2024 meeting, counsel for the alleged violators asked for a contested case hearing. A contested case hearing on violations stemming from other unauthorized activities on the CPR’s coastline by certain unit owners and their contractor was held earlier this year (see this month’s cover story). The association of unit owners, however, chose to pursue a settlement agreement for the fence violation, rather than proceed with a contested case hearing.
Under the agreement, the association must remove the boundary fence portion that extends into the Conservation District in a manner that won’t adversely affect Laysan albatross or other species, provide supporting documentation to the OCCL, work with the office to determine the district boundary’s location, and waive its right to a contested case hearing regarding the enforcement action.
The DLNR agrees to waive all fines sought against the association “and any other potentially liable parties, for the boundary fence violation,” and close the enforcement action upon confirmation that the fence portion has been removed, the agreement states.
The Land Board was first scheduled to decide on whether to accept the agreement in March, but the meeting was cancelled due to bad weather. Community members had submitted written testimony opposing the proposal to waive the fines, arguing that the fences had caused harm to the albatross that nest in the area.
— Teresa Dawson
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