How long does it take for action? Here on the Big Island, it takes a while. For example, the ATV/dirt bike track began operating in in our neighborhood in early October 2005. The operator does not own the property but lives with the lady that does. Three letters were sent to the property owner in December 2005 attempting to arrive at some sort of compromise. These were ignored. Letters were then sent to the State of Hawaii Land Use Commission and the Hawaii County Planning department mid January 2006.

After numerous requests of the Planning Department to investigate they finally conducted an inspection of the property on March 7, 2006 and found (what else) a full blown dirt bike/ATV track replete with jumps. The Planning Department then sent a certified letter to the property owner advising them that such land use is not permitted and that a special permit is required. But, in the same letter they say: "if the property is used intermittently for dirt bike riding only by people residing on the property we are considering this to be below the threshold of activity that we will enforce, but it it exceeds this level, we consider it an activity that requires a special permit."

Either the property owner considered the letter a wink or she does not respect the county's authority. In any event, the use of the track by multiple machines from four to six hours every weekend, and sometimes on weekdays, continues.

This obviously means that the Hawaii County Planning Department does not want to bother with this issue. Our position is that arbitrary and selective enforcement is inappropriate and this has been forwarded to the Mayor and Corporation Council offices. The most recent letter, dated July 8,2006 from the Mayor's office says: "follow up will be done as soon as possible."

Stay tuned.