For residents of the Hamakua Coast, the rhythms of life are typically dictated by the seasons of agriculture and the quiet of the rural landscape. But for the past three years, that stillness has been punctuated every November by the arrival of “Falls on Fire,” a Burning Man-inspired festival that blends art, fire dancing, and electronic music on a 1,400-acre estate in Papaikou.
What began as a counterculture celebration of sustainability and wellness has evolved into a protracted legal battle between the event’s organizer, Pennsylvania video game executive Andrew Tepper, and the neighbors who live in the shadow of his property. The conflict centers on a fundamental clash of lifestyles: the desire for a high-energy, artistic sanctuary versus the right to a quiet, undisturbed home.
The Hawaii County Windward Planning Commission is scheduled to decide the festival’s fate this Thursday. The commission will review the findings of a contested case hearing to determine if Tepper will be granted a special use permit to continue the event, or if the “Falls on Fire” effigies will be permanently extinguished in Papaikou.
A Pattern of Permitting Defiance
The road to Thursday’s decision has been marked by a recurring cycle of county warnings and ignored mandates. While the festival promotes environmental activism and permaculture, its administrative history has been far less sustainable. Following the 2023 festival, the county’s Planning Department issued a Notice of Violation Order, levying thousands of dollars in fines for hosting unpermitted events on land zoned for agricultural use.
In September 2024, Tepper attempted to legitimize the gathering by hiring Land Planning Hawaii to apply for a special use permit. The application sought authorization for camping for up to 500 attendees and the storage of commercial vehicles on the property. However, the process did not deter the festivities. Despite explicit warnings from the county to refrain from hosting the event until the permit was issued, Tepper proceeded with the 2024 festival from Nov. 8 to 11.
By the time the 2025 festival arrived, the friction had intensified. Tepper hosted yet another gathering while the permitting process remained pending, this time designating the event as “private.” According to reports, he refused to allow county inspectors onto the property while the festivities were underway. These repeated violations—ranging from unpermitted camping to amplified sound—have resulted in $34,000 in county fines.
The Human Cost of the “Boom Box”
For James McMahon and his wife, Lichuan Huang, the issue is not necessarily the art or the philosophy of the festival, but the physical impact on their daily lives. Their home sits roughly 30 feet from a road easement that serves as the primary artery for both the festival and a “heavy equipment rental base yard” operated by a tenant on Tepper’s land.
McMahon describes a home that literally shakes under the pressure of heavy truck traffic. “People don’t realize the ground here shakes a lot because we’re on deep soil,” McMahon said. “Any pounding from heavy trucks going up the road kind of reverberates around, and that’s a concern for us because of the possible damage to our foundations.”
During the festival, the narrow, one-lane Indian Tree Road becomes a bottleneck of traffic and noise. While the festival’s organizers eventually redirected speakers away from the ocean and toward the mountains, the noise pollution remained a primary grievance. In the event’s first year, McMahon noted that music continued until as late as 4 a.m. Or 5 a.m., with attendees often encouraged to wear earplugs to sleep.
Beyond the noise, there is a deeper anxiety regarding public safety. In a region prone to severe droughts and monsoonal patterns that leave vegetation combustible, the act of burning a multistory effigy presents a tangible wildfire risk. The single-lane access road raises concerns that emergency vehicles could be blocked by festival traffic during a crisis.
The Proposed Compromise
Following a contested case hearing on Nov. 13, 2025, a hearing officer issued a “findings of fact” suggesting that the special use permit should be granted, provided Tepper adheres to a rigorous set of conditions. These requirements are designed to mitigate the impact on the agricultural community and ensure public safety.
| Category | Proposed Requirement/Condition |
|---|---|
| Attendance | Limited to one event per year with a maximum of 500 people. |
| Noise Control | Strict 9 p.m. Cut-off time for all amplified sound. |
| Infrastructure | Installation of a 5,000-gallon water tank for fire control. |
| Road Maintenance | $10,000 annual payment for road repair; construction of pull-off areas. |
| Compliance | All past county fines must be paid before the 2026 event can proceed. |
| Safety | Written Department of Health approval required for any open burning. |
Wealth and Land in the Hamakua Coast
The dispute reflects a broader tension on Hawaii Island regarding the acquisition of vast tracts of land by wealthy outsiders. Andrew Tepper, the co-founder of video game developer eGenesis, has become one of the island’s most aggressive real estate investors. Since 2021, he has spent more than $35 million on local property, surpassing the acquisitions of high-profile figures like Salesforce CEO Marc Benioff and Dell Technologies CEO Michael Dell.
His recent purchase of the 792-acre Kupaianaha Ranch for over $10 million further underscores his footprint in the region. For neighbors like McMahon, this accumulation of land is coupled with a lack of community engagement. “Mr. Tepper has not been candid with us in terms of what his plans were when he purchased this property,” McMahon said. “He just came in and started doing these things.”
As the Planning Commission prepares to vote, the decision will serve as a bellwether for how Hawaii County balances the property rights of affluent landowners against the quality of life and safety of long-term agricultural residents.
The Windward Planning Commission’s decision on Thursday will determine if the 2026 iteration of “Falls on Fire” is permitted to move forward and what specific conditions will govern its existence. Official updates regarding the permit’s status are typically posted via the Hawaii County Planning Department.
Do you believe rural land-use laws should prioritize resident tranquility over artistic expression? Share your thoughts in the comments below.
Disclaimer: This article discusses ongoing legal and administrative proceedings. The information provided is for informational purposes and does not constitute legal advice.
