One of the Antiplanner’s co-speakers during a couple of events in Honolulu is David Callies, a law professor and author of two books on Hawaii land-use law: Regulating Paradise and Preserving Paradise. Hawaii passed the first statewide growth-management law in 1961, and still has about the strictest land-use laws in the nation. Not coincidentally, it also competes with California in having the nation’s least-affordable housing.
Regulating Paradise, a 1984 book that Callies is currently updating, shows that the 1961 law (sometimes called Act 187) is only one of several laws that have limited development of the state. Landowners in some parts of the state have to comply with as many as 30 different sets of regulations, from historic preservation to coastal zone management.
The original purpose of the 1961 law was to protect farmland. But Callies points out that this backfired. By limited urban development to about 5 percent of the Hawaiian Islands, the law made housing so expensive that farmers could not pay workers a living wage and compete with other tropical countries that grew similar crops. As a result, Hawaiian agriculture is in decline, and the only justification for the land-use law is to provide scenic views for upper-middle class urbanites.
