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The Honolulu Advertiser
Posted on: Thursday, October 9, 2008

State needs more practical historic-buildings law

Well-intentioned laws can have unexpected consequences, and the aftermath of passing Act 228 makes that clear.

The law, which took effect last summer, requires that archival photos must be taken of structures built more than 50 years ago before permits can be issued for renovations.

While that's a worthy idea, the law casts too wide a net and has snared too many property owners and contractors in needless red tape.

The law also may impede historic preservation: An unreasonable regulatory burden may encourage more renovations to be done without a permit.

Complaints have emerged from construction firms snagged by the law in the past few months.

One contractor told The Advertiser he was compelled to produce 35 prints of images showing "every angle, every room" of a 71-year-old Makiki home.

Additionally, the photos must be black-and-white archival photos, which are very expensive.

Finally, the law is being enforced before the state develops detailed rules spelling out more plainly what kinds of projects the law covers, and the number and type of photos required.

Although it's clearly in the public interest to save valuable structures, the bar, simply put, has been set too low.

Laura Thielen, director of the state Department of Land and Natural Resources, the agency that oversees historic preservation, testified before the bill passed that the requirement should be enforced only for buildings eligible for listing on national or state historic registers, or those already listed.

An eligible building "must possess historic integrity in terms of its materials, workmanship, location, feeling and association," Thielen said.

The state needs to identify buildings that have this integrity and could more reasonably be considered for protection — a list that narrows the broad category of older buildings.

In the meantime, it's unfair to compensate for the lack of a sensible list by hanging archival responsibility on owners of all 50-year-old buildings.

State Rep. Cindy Evans, D-7th District (North Kona, South Kohala) introduced the measure and agrees it should be revised. The law should apply to a better-defined class of projects and shouldn't be enforced until rules are defined.

She will take suggestions by phone (586-8510), fax (586-8514) or email (repevans@ capitol.hawaii.gov).

Lawmakers — aided by historic preservation advocates, homeowners and those in the building industry — need to sharpen their pencils and produce a law that will provide more practical protection for historic resources.