Residents were alarmed last year when the owner of the property was cited for doing improper work on his 50-acre, agriculture-zoned parcel, which stretches above much of the newer section of Wailuku Heights.

A grubbing permit for part of the property has been submitted to the county.

Residents Francis Torres and Jon Toda said development "on elevated mountain terrain" mauka of their homes could unleash boulders and lead to flooding during heavy rains.

"It will be kind of dangerous to live here, not knowing when a boulder will come down," Torres said last week to The Maui News.

He estimated the property proposed for development is on at least at a 45- to 50-degree slope.

Moving is "a thought" if the parcel is developed, Torres said.

Toda, an architect, added: "My fear is once they start clearing, there is going to be a lot more erosion. There is going to be a serious problem with the stability of land and the drainage."

Both men are part of the Wailuku Forest Preservation Coalition, made up of residents and supporters who hope the county will deny permits to develop the land. Property owner Sean Patrick Casey could not be reached last week to discuss his development plans.

Public Works Director Milton Arakawa said that even though a property is on a steep grade the county cannot reject an application to grade or grub. The department must follow the Maui County Code on administering permits and can ask for additional information about a property in order to make a decision, he said.

A grubbing permit for the parcel is pending, and the county is seeking more information, he said.

The county has asked for an engineer's soils report, a drainage plan and report, a more-detailed and site-specific erosion control plan as well as information on existing grades for the proposed work area.

Arakawa said that once the department receives the additional information, it will circulate it to several county divisions. The project also will be reviewed by the state Historic Preservation Division, to address public concerns about possible burials on the property, he said.

Although the Casey property is at the forefront of issues to be addressed, coalition members said the broader concern focuses on development of steep mountainside properties in general and the potential for the Wailuku Heights project to set a dangerous precedent.

Chicago-based attorney Jeffrey Torres, the son of Francis Torres, represents the coalition.

There are 500 acres of agricultural land above Wailuku Heights that could be developed, he said.

"It's bad enough Wailuku Heights is there. To lose 500 acres to cut into the mountain is something we cannot allow," Jeffrey Torres said.

Torres said his firm, McGuireWoods, is handling the case pro bono and is being assisted by Wailuku attorney Isaac Hall.

Jeffrey Torres added that he understands that the county will follow the current county code on grading and grubbing, but "we think it's much more serious than that."

Toda said that in the long term the county would need to have some regulations for steep properties.

"In the short term, what we are requiring is they do not issue any permits for the property until these kinds of risks can be analyzed or can be done in a safe way," Toda added.

Both Jeffrey Torres and Toda pointed out cases on O'ahu where rock and mudslides have killed people and destroyed homes.

Although laws passed now would not affect grading and grubbing permits that have already been submitted, coalition members hope the Wailuku Heights development will bring about revisions to safeguard residents in the county code.

Coalition members have met with county officials, including Council Member Mike Victorino, who lives in Wailuku Heights and holds the Wailuku-Waihee-Waikapu residency seat.

Victorino said he is researching ordinances from other counties that deal with similar types of situations. He added that he would like to have some "stringent rules" regarding how new development affects residents who already live in the neighborhoods.

The Wailuku Forest Preservation Coalition was formed last summer after residents became concerned about grading and grubbing going on at the property above Maalahi Street. Residents said they were also not aware that the properties above Wailuku Heights were zoned agricultural. They thought they were zoned conservation.

Conservation lands are overseen by the state Board of Land and Natural Resources, which can restrict land use. Agriculturally zoned lands are subject to county land-use standards and can be developed for agricultural uses, such as farm homes.

Residents were also alarmed when they learned about a blocked storm drain on the Casey parcel. County engineers said a $200 fine was issued to Casey last year for a pipe that was placed into a drainage way. The pipe has been taken out and the issue has been resolved, the engineers said.

Although the coalition prefers that no development be allowed above Ma'alahi Street, it is urging the county to do extensive studies and soil engineering analysis if work were to be approved.

Residents have already asked the county to check on grading work on the Casey property.

County officials who inspected the site said work already done on the site was not extensive enough to trigger a need for a permit.

In general, Arakawa said anyone who wants to grade or grub a steep slope should see the county engineers before doing so.

"There are thresholds under which a grading and grubbing permit is not required," he said. "If you are planting a garden, we are not going to require a permit for that."