Building Permits denied by Archeological Finds (homes, neighborhood, buyers)

[Whalesongs]

Hello, I am a resident in Hawaii and am considering a small parcel of land on Molokai to build a small 2/2 on for a quiet retirement.

I was pressing for the real scoop on getting permits on Molokai. The realtor said before getting permits, the county may require an archeological dig first because it's in and SMA zone.

It's a terribly small lot under 7.200 sq ft between two others with homes built already. She said it already had one done 5 or 6 years ago and that doesn't matter if they found nothing, they can ask for a new one and the cost averages $20K to pay the 8 people who have to fly out and dig with tiny shovels for weeks.

Does anyone know how common it is that the country requires a dig before giving a septic permit?

Does anyone know what the protocol is if they find something and claim it as a historical preservation site and deny any building permits (which is understandable). Are they obligated to purchase the land from you to hold it as a preserve or can they stick you with holding title to land you paid for that you can not use or resell?

If a dig was done in the past and if anything was found, meaning "no building permits for you"
would a seller have to disclose that?

I greatly appreciate learning from anyone who has had experience with this.

[Parnassia]

Originally Posted by Whalesongs

Hello, I am a resident in Hawaii and am considering a small parcel of land on Molokai to build a small 2/2 on for a quiet retirement.

I was pressing for the real scoop on getting permits on Molokai. The realtor said before getting permits, the county may require an archeological dig first because it's in and SMA zone.

It's a terribly small lot under 7.200 sq ft between two others with homes built already. She said it already had one done 5 or 6 years ago and that doesn't matter if they found nothing, they can ask for a new one and the cost averages $20K to pay the 8 people who have to fly out and dig with tiny shovels for weeks.

Does anyone know how common it is that the country requires a dig before giving a septic permit?

Does anyone know what the protocol is if they find something and claim it as a historical preservation site and deny any building permits (which is understandable). Are they obligated to purchase the land from you to hold it as a preserve or can they stick you with holding title to land you paid for that you can not use or resell?

If a dig was done in the past and if anything was found, meaning "no building permits for you"
would a seller have to disclose that?

I greatly appreciate learning from anyone who has had experience with this.

I happened to spot your OP while scrolling around on C-D. While I don't have experience with HI I have been involved with natural/historical resource review processes and SHPOs (State Historic Preservation Office) in other states. Hopefully, HI experts here can give you specifics, but maybe I can help get you headed in the right direction.

You know your parcel is within a designated Special Management Area. You should have known that before purchasing the lot. It may have affected the asking price and how readily the seller negotiated. The designation will come with more rigorous reviews than another parcel outside one. The size of the lot really doesn't matter but the intensity of development you hope to do on it does. Installing septic will cause a major disruption in the soils (and anything buried in them) either way. If the lot is small, you may not have options where to place your excavation. It is what it is.

In the other states I've worked in, if a seller knows about "encumbrances" (existing ROWs, easements, wetland designations, the SMA/or other resource protection restrictions) on their land they are supposed to disclose it to potential buyers. Obviously they could affect the future uses any future owner could make of that parcel. A proper title search should disclose encumbrances too. As for paying for the necessary surveys, you may well be on the hook for them as you bear some responsibility as the legal owner. Sometimes you simply can't do what you want, though the fact that the two adjacent parcels were developed for the same type of use isn't trivial. Unless those builds were done so long ago regulations regarding development didn't exist.

I'd suggest contacting the county first, but they may refer you on to the state. These sorts of questions are common so getting answers from the horse's mouth shouldn't be that difficult.

https://www.mauicounty.gov/1354/Spec...ement-Area-SMA

Can you get a copy of the previous archeological review? There are different "levels" of historical/archeological significance. The previous surveyor may have made recommendations about what if any future surveys could be triggered by different types of development, what sort of use the parcel would be suited for, or the likelihood anything new will be discovered based on findings on adjacent parcels.

In other states I've worked in, if archeological resources are found the state does not automatically buy the land from the owner unless the find was unusually significant. They might remove artifacts in order protect them, document them in place and design a plan to conserve them in situ, or record what's present and still permit limited development (maybe disallowing a traditional septic but permitting another type of wastewater system) once they've collected as much information from them as possible.

I would first track down whatever survey information you can, then contact these folks for more specific information. Have the parcel identification ready. Good luck OP!

https://dlnr.hawaii.gov/shpd

[Whalesongs]

I haven't bought anything yet, just considering a few.

That was well-rounded overview you provided from your experience and I appreciate it and hope it was of interest to others. I don't believe in "canceling history". The current trend is shocking.

It turns out the first one was for the general neighborhood itself before lots were created and sold. Applying for a septic may flag a site-specific one for the lot. The Realtor said a friend had it happen not long ago not far from these lots. Nothing was found, so nothing happened to learn from if something was found.

Respecting any sacred site comes first and I would just want to know what I may be getting into. (All land is sacred really) We are just caretakers of this awesome gem.

The county has been vague, as usual.

Mahalo Nui Loa

[Kim33Maui]

What are examples of important archeological items they might find that can halt the construction of the home?

[whtviper1]

Originally Posted by Kim33Maui

What are examples of important archeological items they might find that can halt the construction of the home?

Bones