A Papaikou property owner’s plan to host an annual “Burning Man-style” festival on his land is being challenged by neighbors.
In 2023, Andrew Tepper opened a portion of his more-than-1,400-acres located on Indian Tree Road north of Papaikou for a multiday festival called “Falls on Fire.” The event was evidently a success, with 111 registered attendees. A second event, held in November 2024, was even more successful, with over 200 guests.
However, neither event was held legally. Following complaints regarding the 2023 event, the Hawaii County Planning Department determined the organizers did not have proper permits to allow for an overnight camping event on land zone for agriculture.
The Planning Department levied fines against Tepper’s company, Teppy Mountain LLC, and ordered him to remove online posts advertising the 2024 event.
Despite this, the 2024 event went ahead anyway, leading to increased fines — $34,400 in total — and a requirement that Tepper not conduct or advertise any further unpermitted events until securing a special permit.
On Thursday, Tepper’s application for a special permit came before the Windward Planning Commission. In it, he requested to be allowed to host an annual, four-day festival allowing for camping for up to 500 attendees on a 14-acre portion of the larger 1,400-acre parcel.
Tepper’s application specified that the festival would include three areas reserved for camper use — which accounts for the bulk of the 14 acres reserved for the festival — a bonfire area and “amplified sound,” which would be directed toward the vacant portion of the parcel, away from neighboring dwellings.
In the spirit of the annual Burning Man festival in Nevada, which maintains — though doesn’t necessarily uphold — a “leave no trace” policy, all Falls on Fire attendees would be required to clean up after themselves, with portable toilets handling wastewater functions.
The festival would be “centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment,” and would feature events such as light installations, live music, eco-conscious workshops, collaborative art projects and the symbolic burning of an effigy.
The application also requests approval for the storage of six commercial vehicles that are used to deliver gravel to local businesses. The Planning Department had previously issued a warning in 2022 about storing commercial vehicles on ag land.
Thursday’s Planning Commission meeting stirred impassioned support from prior attendees. Indian Tree Road resident Harry Holm said similar festivals are held in other Big Island districts, but none exist in North Hilo.
“Last year’s festival had no major issues, demonstrating that the event was well-run and respectful of the community,” Holm said. “The festival location, tucked away at the back of the property, surrounded by agricultural land, really minimizes the disruption to neighbors.”
While Holm added that about 10% of last year’s attendees were tourists — thus providing an opportunity for North Hilo to attract tourist dollars — he said the event is really a “kama‘aina-centric gathering space” that can thrive with proper county oversight.
All event attendees who testified Thursday lauded the festival’s ability to allow people to connect with each other and the land.
“I would challenge anyone in opposition to actually go to the event, decide what they would like to teach this community, and find that this community is going to have an open heart and receive anything that they want to say to them,” said Braden Smith, who added that the festival includes group events where attendees work to improve the land, such as by removing invasive material from a stream passing through the property.
But several opposed the application, mostly neighbors of Tepper’s property.
Ben Mead, who said he is the closest neighbor to Tepper’s property, said he is “violently opposed” to the festival.
“The noise (from prior festivals) was unbearable,” Mead said. “It’s not just loud music, this is that ‘boom-boom-boom’ kind of stuff, that … comes up through the floor of your house. … I’d like to point out that Teppy Mountain’s packing list for the event recommends people bring earplugs, one set for music and one for sleeping.”
Mead added that the area is largely grass and pasture land, and that Tepper’s fire prevention plan is insufficient for the event.
Another neighbor, Francisco Roberto Goncalves Luz Filho, wrote he is concerned about the safety of his children and animals, given the inevitable increase in traffic caused by the event, and noted that the road is already in poor condition.
Although some event supporters challenged these concerns — Evan Rock said if you “put in some earplugs a few days out of the year, it’s not a big deal” — two neighbors, James McMahon and wife, Lichun Huang Ack, requested a contested case hearing on the matter, echoing the concerns about traffic, road conditions and noise.
“Based on our experience from the previous two years of the event, we’ve had basically a front-row seat,” McMahon said. “The traffic was pretty much continuous 24 hours.”
The commission eventually voted to grant McMahon standing for his contested case, albeit not without some drama. With only four commissioners in attendance, the commission needed a unanimous vote to grant standing, something commissioner Gordon Takaki seemed unwilling to accede at first.
Eventually, after two votes where Takaki was the lone vote against granting standing to McMahon, Takaki finally agreed — during multiple executive session discussions, which are not accessible to the public — with his colleagues to grant standing on the third vote.
Tepper, a Pittsburgh native, told the Tribune-Herald he is working to address neighbors’ complaints, such as by re-orienting speakers to better direct sound toward toward vacant land and to impose a noise reduction at 2 a.m.
Tepper acknowledged the event will get “a little bit annoying” four days out of the year, but said he “can’t not do this,” given the impact the event has on attendees.
However, Tepper said did not object to the contested case being granted and told the Tribune-Herald he would try to come to some sort of mutually agreeable arrangement with McMahon during mediation.
Whether that is successful is unclear.
Testifier Rock said McMahon has been “combative with pretty much everyone on the road in our efforts to maintain the road,” and has stood in potholes to prevent them from being filled.
McMahon said neighbors had attempted to fill a pothole with gravel, which he opposed because he thought it would further deteriorate the road surface.
McMahon also was charged Wednesday with third-degree assault, criminal property damage, unauthorized entry into a vehicle and harassment. The criminal complaint suggests an altercation occurred between him, his neighbor Filho and an unnamed minor.
With the contested case process underway, the commission’s discussion of the matter was suspended until the case has been resolved.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
