The state Board of Land and Natural Resources voted Friday to fine Public Utilities Commission Chairwoman Hermina Morita and her husband $31,000 for building and operating a pair of unauthorized commercial vacation rentals on restricted conservation land on Kauai.
Morita and her husband, Lance Laney, the listed landowner, were further ordered to remove the two rental cottages, discontinue all commercial activity on the parcel and submit an after-the-fact application for a large garage constructed on the property.
According to the Department of Land and Natural Resources’ Office of Conservation and Coastal Lands, the couple made unauthorized use of a 3.18-acre parcel of land within a State Land Use Conservation District Protective Subzone in Hanalei at the end of Ohiki Road. The area is primarily used for light farming and recreation and includes "minor" residential development, according to the OCCL.
The parcel in question had been approved for the reconstruction of a pre-existing single-family residence after Hurricane Iniki. No further construction had been authorized. During an investigation initiated by a complaint, the state determined through aerial photographs and tax records that five structures are currently located on the parcel compared with just two prior to Iniki.
Subsequent investigation determined that two of the additional structures — marketed collectively as Taro Patch Hale — were being operated as commercial vacation rentals in violation of land use regulations.
Online advertisements stated that the cottages — one of which was recently remodeled to include a full kitchen and larger living room — were available for rent at a rate of $130 to $140 per night.
Morita and Laney, who were notified of the alleged violations in December, were fined $15,000 for unauthorized construction, $15,000 for unauthorized vacation rental activity and an additional $1,000 for administrative costs.
Morita could not be reached for comment.
The couple has 10 days to contest the action.
