Correction:

TMT followed all applicable laws and regulations in gaining approval for the project. A permit was issued, and construction plans approved after environmental impacts had been reviewed at every level and found to be in full compliance with applicable laws and regulations. In particular, the Environmental Impact Statement for the project went through a rigorous public process, and was not challenged by anyone. A full discussion of the extensive efforts undertaken to ensure TMT ’s full compliance with all legal requirements can be found in the conservation district use permit ( CDUP ) issued for the project ( PDF ).

It is not true that development is not permitted in the conservation district. The conservation district is categorized into five different subzones, in each of which certain land uses are allowed. Each type of subzone has slightly different rules and levels of protection. Examples mentioned—Waipiʻo, Kaʻena, and the Nā Pali Coast—are in the Protective subzone, the most environmentally sensitive category and thereby subject to a higher level of protection. The summit of Maunakea is in the Resource subzone where certain types of land uses are specifically allowed with permits such as aquaculture facilities, quarries and mines, single-family homes and astronomy facilities. Building a facility in the conservation district requires a great deal of additional review and the issuance of a CDUP , which is the process that TMT followed. The CDUP for the TMT project was approved by the Board of Land and Natural Resources ( BLNR ) and upheld by the Hawaiʻi Supreme Court as valid and in compliance with all legal and regulatory requirements.

From the Department of Land and Natural Resources ( DLNR ) website:

The Conservation District has five subzones: Protective, Limited, Resource, General and Special. The first four subzones are arranged in a hierarchy of environmental sensitivity, ranging from the most environmentally sensitive (Protective) to least sensitive (General). The Special subzone defines a unique land use on a specific site.

The use of Conservation District lands is regulated by Title 13 Chapter 5 of the Hawaiʻi Administrative Rules and Chapter 183C of the Hawaiʻi Revised Statutes. These rules and regulations identify land uses that may be allowed by discretionary permit as well as impose fines for violations.

The observatories on Maunakea are located in the resource subzone of the conservation district, where astronomy facilities are explicitly allowed with a management plan and permit approved by BLNR , under HAR § 13-5-24. The TMT project has met both requirements: (1) a comprehensive management plan for Maunakea, as discussed in the next paragraph, was accepted by the university and approved by BLNR ; and (2) a CDUP issued by BLNR after 44 days of hearings where more than 20 parties presented evidence, presented and cross-examined witnesses, and participated in the crafting of the final decision and order adopted and issued by BLNR .

To learn more about Hawaiʻi’s conservation district subzones visit the Office of Conservation and Coastal Lands ( DLNR ) site.

The Outrigger project mentioned in the “Answer” above is not comparable to TMT . In the case of the Outrigger project, a Hawaiʻi court ruled that a comprehensive management plan ( CMP ) was a prerequisite to that project’s development, in addition to existing management plans. Therefore, the project was cancelled because there was no CMP at the time.