(BIVN) – Hawaiʻi County Mayor Mitch Roth has extended the Waipi‘o Valley Road Emergency Rules, citing significant safety risks, according to documents posted to the County website.

The Eighth Amended Traffic Emergency Zone Declaration and Eighth Waipi‘o Valley Road Declaration Of Emergency was signed by Mayor Roth on November 9th. Along with the declarations, the Mayor’s Waipi‘o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 also went into effect.

Here is the language of the Mayor’s Waipi‘o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No.1:

Pursuant to the authority vested in me by Hawai‘i Revised Statutes (“HRS”) Sections 264-1.5 and 127A-25(a), the County of Hawaiʻi’s police powers, and due to the public welfare, health and safety concerns presented by the current conditions of the Waipi‘o Valley Road and the impact of closure on those located in Waipi‘o Valley if the road is closed or fails, I hereby continue, adoption and promulgation of this Mayor’s Waipi‘o Valley Road Emergency Rule No. 2 and Emergency Rule No. 1 previously adopted and promulgated on September 15, 2022. These rules have the force and effect of law.

This Continued Emergency Rule is based on the statements contained in the Eighth Amended Traffic Emergency Zone Declaration and Eighth Declaration of Emergency for Waipi‘o Valley Road effective November 10, 2023.

I, Mitchell D. Roth, Mayor of the County of Hawaiʻi, hereby authorize the following:

A. Waipio Valley Road Closure
Waipio Valley Road shall be closed, subject to the express limited exceptions herein. This includes, but is not limited to:

1. Prohibition of all pedestrians;
2. Prohibition of uncovered vehicles, including but not limited to ATV’s; and
3. Prohibition of horseback access.

B. Limited Access Exceptions

1. Vehicular access by Hawai‘i County residents, permitted licensed/insured tour operators, and Native Hawaiians claiming exercise of traditional and/or customary rights.a. Vehicles and passengers shall abide by existing traffic laws, including:

   i. Vehicular use is limited to low-range, four-wheel drive vehicles (All wheel drive vehicles are not considered low range, four- wheel drive vehicles);

   ii. Gross vehicle weight rating (GVWR) shall not exceed 10,000 pounds except for utility and emergency vehicles, or existing vehicles used for transit of agricultural products;

   iii. Vehicles shall be engaged in four-wheel drive mode at all times;

   iv. Vehicle passengers shall be seated in enclosed compartments of vehicles designed for passenger seating and wearing seatbelts;

   v. Makai-bound vehicles shall yield to mauka-bound vehicles.

   b. Licensed/insured tour operators must obtain a permit from the Mayor’s office. Please call (808) 961-8211.

   i. Permits shall be effective for a period of four (4) months from date of issuance.

2. The Mayor may grant individual exemptions to this rule upon request and shall explain the purpose for which Waipi‘o Valley Road will be used and upon sufficient showing that safety precautions consistent with these rules are in place. The decision to grant or deny a request is within the sole discretion of the Mayor. Request shall be submitted to the Mayor’s Office at 25 Aupuni Street, Suite 2603, Hilo, Hawai‘i 96720.

C. Regardless of Limited Access Exceptions Pursuant to Section B, Complete Closure During Significant Weather Events 

1. Waipio Valley Road shall be closed for all use, or access further may be limited, during significant weather events as determined by the Hawai‘i County Civil Defense Agency in consultation with the Department of Public Works.
2. This rule is not intended to limit the legal authority of government agencies to close, or limit use, of Waipi‘o Valley Road as otherwise provided by law.

D. Closure and Limited Access During Periods of Construction

Access to Waipi‘o Valley Road may be closed or further restricted during active road repair and/or mitigation activities. The Department of Public Works will hold public meetings as part of its road utilization planning during periods of road construction. Information and updates regarding the Waipi‘o Valley Road may be found at Bulletins | Hawaii County, HI Public Works.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this 9th day of November, 2023 in Hilo, Hawai‘i.

Here is the language of the Eighth Amended Traffic Emergency Zone Declaration and Eighth Waipi‘o Valley Road Declaration Of Emergency:

WHEREAS, Waipi‘o Valley Road is a four-wheel drive County road located on the northern Hāmākua Coast of Hawai‘i Island. The road is narrow and winds down the steep hillside of the south valley wall.

WHEREAS, Waipi‘o Valley Road is the only vehicular ingress and egress for Waipi‘o Valley.

WHEREAS, Waipi‘o Valley Road is used by residents of Waipi‘o Valley, farmers who transport agricultural products grown and harvested in Waipi‘o Valley, Hawai‘i County residents, visitors, and authorized tour operators.

WHEREAS, Waipi‘o Valley Road presents significant safety risks. For example, it lacks shoulders or adequate troughs to catch falling rocks and debris. The road is slippery, particularly after heavy rains, and adequate stormwater infrastructure is lacking. Some portions of the road are unpassable for two vehicles. Limited sight distance along the road hampers driver ability to safely navigate oncoming traffic and pedestrians in the roadway.

WHEREAS, Waipi‘o Valley Road descends about 800 feet in elevation over approximately 4100 feet. Rock outcropping and vegetation overhang the road.

WHEREAS, Waipi‘o Valley Road can experience significant amounts of runoff, particularly after heavy rains. Historically, the County closes the road following periods of heavy rain and to clear rock, soil and vegetation which has fallen on and across the road.

WHEREAS, a slope failure occurred in March 2019 following heavy rainfall and high streamflow associated with Hurricane Lane. The primary slide was approximately 500 feet tall and 70 feet wide. Additional upslope landslide events occurred in April 2018 and February 2019.

WHEREAS, on or about April 2, 2020, the County hired a consultant, Hart Crowser, to conduct a Preliminary Geotechnical Engineering Evaluation.

WHEREAS, the County’s receipt of the completed Hart Crowser’s Preliminary Geotechnical Report dated January 2022 (“Report”) occurred in January 2022.

WHEREAS, the Report provided geotechnical data regarding the current condition of the road and hazard ratings associated with those condition, which further detailed the described the dangers Waipi‘o Valley Road poses to the health, safety and welfare of the people.

WHEREAS, the County retained Hart Crowser, now a division of Haley & Aldrich, to further evaluate Waipi‘o Valley Road and recommend specific mitigation measures to make the road safe.

WHEREAS, Haley & Aldridge submitted a report to the County dated September 30, 2022 entitled Rockfall and Slope Instability Mitigation and Conceptual Design Summary Report “Summary Report” wherein it recommended a phased mitigation approach to address numerous hazards along the roadway. (See Summary Report).

WHEREAS, the Department of Public Works held an initial community meeting on October 26, 2022, at the gymnasium in Honokaa and discussed the findings of the Summary Report as well as plans to make additional safety improvements to the roadway. The overall schedule and impacts to the community during the 2 to 3-year construction were discussed.

WHEREAS, remediation efforts have commenced to increase the safety of Waipi‘o Valley Road and are ongoing. To this end, the County is finishing mitigation work (referred to as Phase 1) which commenced on or about June 1, 2023, and has plans to perform additional work over the next two (2) years (referenced currently as Phase 2 and Phase 3). A public meeting was held on May 1, 2023, to discuss road conditions, planned work, and additional meetings are planned prior to performing further mitigation activities.

WHEREAS, the current condition poses substantial endangerment to public health and safety, and warrants preemptive and protective action in order to provide for the health, safety, and welfare of the people using the road who will be negatively impacted if the road fails and residents are unable to enter and exit Waipi‘o Valley.

WHEREAS, the current danger to pedestrians navigating Waipi‘o Valley Road presents an unacceptable risk that cannot be corrected absent regulations and/or remediation.

WHEREAS, limiting vehicular access generally, and, specifically, to drivers familiar with the current road conditions is a necessary action for vehicular navigation of Waipi‘o Valley Road until adequate remediation measures can be implemented.

WHEREAS, Hawaiʻi Revised Statutes (“HRS”), Section 264-1.5, permits establishment of a traffic emergency zone in response to substantial endangerment to public health and safety which is or is highly likely to be caused by the temporary closure of, or the lack of adequate access to Waipio Valley via Waipio Valley Road.

WHEREAS, on February 25, 2022, a Traffic Emergency Zone Declaration was established for the Waipi‘o Valley Road (“Traffic Declaration”) and the Mayor’s Waipi‘o Valley Road Emergency Rule No. 1 (“Emergency Rules”) were issued to regulate use of Waipi‘o Valley Road.

WHEREAS, following issuance of the Traffic Declaration and Emergency Rules, the County held public meetings, received comments from the community, responded to lawsuits, clarified certain findings made in the Summary Report, and retained Haley & Aldrich to conduct further geotechnical studies to recommend remediation measures necessary to improve the dangers presented by the current condition of Waipi‘o Valley Road.

WHEREAS, HRS §127A-14 authorizes the mayor to declare an emergency has occurred.

WHEREAS, HRS §127A-2 defines an emergency to include an occurrence which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

WHEREAS, HRS §127A-14(c) vests the mayor with sole authority to judge the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency.

WHEREAS, effective September 19, 2022, a First Waipi‘o Valley Road Declaration of Emergency was established for the Waipi‘o Valley Road (“ Declaration of Emergency”).

WHEREAS, effective September 19, 2022, an Amended Traffic Zone Declaration was established for the Waipi‘o Valley Road (“Traffic Declaration”).

WHEREAS, the Traffic Declaration and Declaration of Emergency have remained in effect pursuant to the Second Amended Traffic Emergency Zone Declaration and Second Waipi‘o Valley Road Declaration of Emergency were established for the Waipi‘o Valley Road (“Second Amended Declarations”), effective November 14, 2022; Third Amended Traffic Emergency Zone Declaration and Third Waipi‘o Valley Road Declaration of Emergency, effective January 13, 2023; Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi‘o Valley Road Declaration of Emergency, effective March 14, 2023; Fifth Amended Traffic Emergency Zone Declaration and Fifth Waipi‘o Valley Road Declaration of Emergency, effective May 13, 2023; Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi‘o Valley Road Declaration of Emergency, effective July 12, 2023; Seventh Amended Traffic Emergency Zone Declaration and Seventh Waipi‘o Valley Road Declaration of Emergency, effective September 11, 2023 (collectively “Traffic and Road Emergency Declarations”).

WHEREAS, pursuant to the Declaration of Emergency and Traffic Declaration, Emergency Rule No. 2 and Emergency Rule No. 1 were issued on September 15, 2022, with an effective date of September 19, 2022.

WHEREAS, pursuant to the Second Amended Declarations, the Mayor’s Waipi‘o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 were issued, effective November 14, 2022 (“Emergency Rules”).

WHEREAS, the Emergency Rules have continued in effect pursuant to the effective Traffic and Road Emergency Declarations.

WHEREAS, the conditions giving rise to the Traffic and Road Emergency Declarations still exist.

NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawai‘i, do hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the substantial danger to the health, safety, and welfare of the people which is or is highly likely to be caused by the temporary closure of, or the lack of adequate access to Waipio Valley Road.

The Amended Traffic Emergency Zone Declaration remains effective September 19, 2022, continuing thereon until February 25, 2027, unless further amended, terminated, or superseded by a separate proclamation, whichever shall occur first.

NOW, THEREFORE, I MITCHELL D. ROTH, Mayor of the County of Hawai‘i do, further, proclaim and declare that an emergency has occurred effective November 10, 2023, and continuing through January 9, 2024.

NOW, THEREFORE, the Mayor’s Waipi‘o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 shall remain in effect.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of November, 2023 in Hilo, Hawai‘i.