Law to mitigate albizia threats on private land

LIHUE — A five-member committee missing members Luke Evslin and Arthur Brun on Wednesday heard from Deputy County Engineer Lyle Tabata on debris removal from rivers and other waterways.

“The state is responsible for maintaining state-owned streams and drainage facilities, that is the short answer,” Tabata said. “The counties are responsible for maintaining county-owned streams and drainage facilities. The county is responsible for enforcing the maintenance on private land where public safety is in danger.”

Tabata said the county may work on private land if there is a significant blockage that poses a risk to public safety.

“The county, we do annual flyover inspections, primarily to look for annual grading violations on the county,” Tabata said. “We could include inspecting these ways as part of our annual flyovers.”

Tabata said that public works does not own a drone and that they use GIS (geography information systems) and Google Earth as additional means of monitoring private, state, and county property.

If public works finds the landowner does not respond to the letter informing them of needed maintenance on streams or drainage facilities, the county attorney is used to gain a right of entry on that private property.

Tabata pointed to a new law that passed the state House of Representatives and Senate that was enacted into law on July 1, which allows private citizens control of albizia trees on vacant private property.

“It allows private citizens — and specifically the language is for albizia trees — allows private citizens control of albizia trees on vacant private property,” Tabata said. “The citizens have to determine that the property has been vacant for at least a year and be able to, under certain conditions, enter privately owned property adjacent to theirs.”

The private citizen must consult with a certified arborist about the danger that the albizia creates risk and show that it creates a hazard to their person or property if left untreated, Tabata said.

Two “reasonable” attempts must be made to contact the landowner by phone or registered mail and a written notice must be given before accessing the property.

Bruce Hart gave public testimony on Tabata’s presentation.

“This can cost tens of thousands of dollars and then they have to deal with all the regulations,” Hart said. “A long time ago, neighbors just got together with neighbors and took care of it. It may have been done not according to regulations, but it got done. I really wonder sometimes how much responsibility does the government have? The more responsibility we take on, the more complications that arise.”

Hart suggested the county create a task team for enforcing maintenance on problematic albizia trees and clogged waterways.

Councilman Mason Chock said part of what has been working nationwide for other counties is the establishment of a watershed plan that specifically identifies high-risk areas.

“There is some legislation across the nation that I think we could to tune in to, but it will take coordination of all of the agencies, led by the state agency,” he said.