Question: Reading about the required depth of burials (“Kokua Line,” Sept. 20) reminded me of an old law that allows burial of family members in their backyard. Is this still permitted?
Answer: Not unless a burial was allowed in that backyard prior to 1967.
The state Department of Commerce and Consumer Affairs, which oversees the Cemetery and Pre-Need Funeral Authority, says owners of residential and agricultural property may bury a family member on their properties, but only if zoned for burials by the city and county and if they are exempt from the licensure requirements of Section 441 of the Hawaii Revised Statutes.
On Oahu the city Department of Planning and Permitting’s Zoning Plan Review Branch would determine whether a property is zoned for burials.
Basically, if a home is in a residential subdivision, burials are not considered “a customary and incidental use,” so the department “will not allow family burial plots as an accessory to dwelling use in the residential or country districts.”
This question comes up periodically over the years, according to an official with Planning and Permitting.
So much so that officials usually provide in response a copy of a Sept. 10, 1997, letter to the Department of Health’s Vital Records Office, which had asked for clarification of how the city addressed family burial plots under its zoning code.
The letter says that similar to a cemetery use, if a family burial plot would be in a P-2 General Preservation District, no permit would be required, but a conditional use permit “minor” would be required in an AG-2 Agricultural District.
However, the Planning and Permitting official said that this effectively only applies to cemeteries and not to backyard burials.
Family burials would not be allowed in a residential, country or agricultural lot unless the lot existed prior to 1967, in which case the city “would consider this to be a nonconforming use, and future burials can take place without a permit,” the letter explained.
Meanwhile, the city said it does not get involved if the property is within lands administered by the state Department of Hawaiian Home Lands.
In that case, “we will leave the matter to its jurisdiction.”
Useful Website
We were searching for information about Hanauma Bay when we found very useful links on the city’s website, honolulu.gov, for residents. Just click on “Residents” at the top.
You’ll find all kinds of information, from what the designated “exceptional trees” are on Oahu to a schedule of major parades and live cameras of congested streets; from how to register bicycles and report potholes to finding where lifeguards are posted and where to take refuge in the event of a tsunami.
The links are divided into four categories: Honolulu Community, Service Information, Street Information and Public Safety.
Mahalo
To a kind angel named Jackie who saw I needed help on Saturday morning, Sept. 15. My husband and I started our walk with our dog from our home with plans to have breakfast at the Mililani Town Center around 9 a.m. But as we walked up Lanikuhana Avenue, I started feeling dizzy. Everything started to grow dark when Jackie saw what was happening, stopped her car, flung open the door and insisted we all get in, even our dog. My husband explained my problem, so she reached in the back seat and gave me a health bar as she explained that her father is a diabetic, so she always has something for him. Jackie would not give her full name, and as she drove us home, she advised me to carry a backpack with water, glucose tablets and more. Jackie, you have a very kind heart, and I will always be grateful! Thank you so very much, with blessings to you and your father. I will eat first before walking from now on. — Norma Wright, Mililani
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
