Attachment 1 2.88.060 ‐ Powers and duties. A. The commission shall advise and assist federal, state, and county government agencies in carrying out their historic preservation responsibilities. B. The commission shall provide public information, education, training, and technical assistance relating to the federal, state, and county historic preservation programs. C. The commission shall initiate, accept, review, and recommend to the state historic preservation officer, historic properties nominations for inclusion on the Hawaii and national registers of historic places. D. The commission shall maintain a system for the survey, inventory, and nomination of historic properties and archaeological sites within the County, as well as a system of site monitoring, that are compatible with that of the State historic preservation office. E. The commission shall administer the certified local government program of federal assistance for historic preservation within the County. F. The commission shall provide design review for projects affecting any building, structure, site, or district eligible for listing on the national or Hawaii register of historic places, and shall request and consider the State historic preservation officer's review and comment on all County undertakings, including the granting of permits. In its review, the commission shall consider the cultural significance of the site and its surroundings along with the Secretary of the United States Department of the Interior's standards for rehabilitation, as amended. G. The commission shall develop and implement a comprehensive countywide historical preservation planning process, consistent with the State historical preservation plan, which includes the submitting of information pertaining to the State inventory of historic places to the State historic preservation officer. H. The commission shall make recommendations to the council relating to the acceptance of gifts and donations for projects connected with the identification, rehabilitation, restoration, and reconstruction of historic properties, the historic preservation planning process, and the promotion of exhibits and other information activities. The department shall transmit to the council the commission's recommendations with a proposed resolution, pursuant to section 3.56.030 of this code. I. Pursuant to section 19.52.020 of this code, the commission shall have the authority to administer the provisions of the historic districts established in Title 19 of this code, and shall advise the mayor, the council, and the County planning commissions on the establishment of historic districts and regulations. J. The commission shall adopt rules and regulations of procedure and conduct, pursuant to chapter 91, Hawaii Revised Statutes. K. The commission shall have the authority to review and comment on archaeological reports and cultural impact assessments, if submitted by the department for review, as part of development proposals to various county agencies. L. The commission shall establish review criteria for areas with concentrations of archaeological sites or burials as identified in the cultural resources management plan. M. The commission shall undertake any other action or activity necessary or appropriate towards the implementation of its powers or duties or towards the implementation of the purpose of this chapter. More specifically, these may include the following: 1. Recommend new ordinances establishing historic and archaeological districts; 2. Review and recommend amendments to current policies and laws relating to historic sites; 3. Continually reevaluate building code requirements and recommend amendments that are more sympathetic to preservation or provide exemptions for historic properties; Page 1 Attachment 2 Wailea-Makena CP the cultural preserve to include additional newly identified sites. Because of the significance of the sites, the County Cultural Resources Commission shall review all plans for development. Because of high public interest and the contiguous nature of the sites, consideration should be given to educational uses of the sites. e.Formulate and adopt rural and historic district roadway standards for the old Makena Road to promote the maintenance of historic landscapes and streetscapes in character with the region, so long as these standards are for public roadway purposes, and do not obstruct or interfere with the rights of the public for the use and enjoyment of the area. Makena Road shall be kept open for public use. f. General sites that should be identified for preservation include, but are not limited to, the following: 1) Ancient Trails/Old Government Roads 2) Fishponds 3) Landings 4)Nearshore marine cultural resources 5) Significant native vegetation zones 6) Plantation ditch systems 7)Religious Structures (shrines, churches & heiau) 8) Old bridges 9) Plantation camps 10) Plantation era structures & homes 11) Petroglyphs 12) Burials g.Important sites and areas in the Kihei-Makena Community Plan region include the following: 1) Lahaina-Pali Trail 2) McGregor's Landing 3)Ma`alaea/McGregor Complex 4)Ma`alaea Petroglyphs 5) Kealia Pond 6)Naval Air Station Pu`unene 7) Kihei Landing 8) Keolahou Church 9) Kalepolepo Fishpond 10)David Malo Church 11)Waiohuli Kai Fishpond 25 12) Ko`a at Waimahaihai, Kama`ole 13) Kihei Regional Park Complex 14) Kama`ole House Site 15) Palauea Complex 16)Makena Landing Area Sites 17)Makena Complex 18) Keawala`i Church 19) Pu`u Olai 20)Mo`omuku Ko`a 21) Kanahena Landing Area 22)Moanakala Village 23) Kanahena Point Complex 24) Kalaeloa Complex 25) Keone`o`io Village 26)Hoapili Trail 27) Keawanaku Complex 28)Wawaloa Complex 29) Alaha Complex 30)Waiakapuhi Complex 31) Kalulu Complex The above list is not comprehensive. It represents some of the well- known sites that are currently listed in the State inventory of Historic Places and on file with the State and National Registers of Historic Places. Many more sites have not been surveyed for historic significance. A map indicating the general location of these sites is on file with the County's Department of Planning. The said map should be consulted prior to development proposals affecting the above-mentioned areas. Prior to any development approvals, the said map shall be referenced and the comments of the State Historic Preservation Division and the County Cultural Resources Commission shall be sought. 26 Paia-Haiku CP stage to ensure adequate review of lands involving archaeologically and culturally sensitive sites. 3. Implement a historic or cultural district overlay ordinance to provide protection for areas of significant archaeological, historical and cultural resources. Areas which should be considered for designation include the following: a. Pa`ia Town b. Ho`olawa Bay, Huelo c. Kuiaha Bay, Ha`iku d. Halehaku Bay, Pilale e. Honopou Valley, Peahi (coastal valley area) f. Kaupakulua Gulch (coastal valley area) g. Hanawana Landing, Huelo/Kailua 4. Investigate the creation of a "cultural park" at Ho`olawa Bay and other important sites in the region. 5. Flag for preservation the following general site types and areas: a. Ancient Trails/Old government roads b. Fishponds c. Landings d. Nearshore marine cultural resources e. Stream valley areas (1) habitation complexes (shoreline and interior) (2) lo`i and `auwai (3) terraces f. Significant native vegetation zones g. Plantation ditch systems h. Religious structures (shrines, churches and heiaus) i.Old bridges j.Plantation camps k.Plantation era structures and homes l. Petroglyphs m. Burials 6. Initiate and adopt, under the auspices of the Department of Planning, a mauka/makai access dedication ordinance pursuant to Chapter 46, H.R.S. and acquire accesses through purchase, dedication, condemnation, or land exchange. 20 Wailuku-Kahului CP 6. Support programs for the protection and preservation of historic and archaeological resources and foster an awareness of the diversity and importance of the region’s ethnic, cultural, historic, and archaeological resources. 7. Encourage community stewardship of historic buildings and cultural resources and educate private property owners about financial benefits of historic preservation in Maui County. 8. Preserve and restore historic roads, paths, and water systems as cultural resources, and support public access. 9. Recognize and respect family ancestral ties to certain sites including burial sites, and establish cultural and educational programs to perpetuate Hawaiian and other ethnic heritages. Implementing Actions 1. The Cultural Resources Commission shall update, and the Council shall adopt, the County Cultural Resources Management Plan to further identify specific and significant cultural resources in the region and provide strategies for preservation and enhancement. 2. Require development projects to identify all cultural resources located within or adjacent to the project area and consult with individuals knowledgeable about such cultural resources prior to application as part of the County development review process. Further, require that all proposed activity include recommendations to mitigate potential adverse impacts on cultural resources including site avoidance, adequate buffer areas, and interpretation. Particular attention should be directed toward dune areas, known and probable pre- contact habitation areas, and other sites and areas listed in No. 5 below, with review by the Cultural Resources Commission, where appropriate. 3. Implement a historic and cultural overlay ordinance to provide protection