REPORT TITLE:
LUC; Boundary Changes

DESCRIPTION:
Increases the threshold for land use boundary changes under the
land use commission from fifteen to five hundred acres.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           939
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE LAND USE COMMISSION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1. Section 205-3.1, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (a), (b) and (c)  to read as
 
 3 follows:
 
 4      "(a)  District boundary amendments involving land areas
 
 5 greater than [fifteen] five hundred acres shall be processed by
 
 6 the land use commission pursuant to section 205-4.
 
 7      (b)  Any department or agency of the State, and department
 
 8 or agency of the county in which the land is situated, or any
 
 9 person with a property interest in the land sought to be
 
10 reclassified may petition the appropriate county land use
 
11 decision-making authority of the county in which the land is
 
12 situated for a change in the boundary of a district involving
 
13 lands less than [fifteen] five hundred acres presently in the
 
14 agricultural, rural, and urban districts.
 
15      (c)  District boundary amendments involving land areas of
 
16 [fifteen] five hundred acres or less, except in conservation
 
17 districts, shall be determined by the appropriate county land use
 
18 decision-making authority for said district and shall not require
 
19 consideration by the land use commission pursuant to section
 

 
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                                     S.B. NO.           939
                                                        
                                                        

 
 1 205-4.  District boundary amendments involving land areas of
 
 2 [fifteen] five hundred acres or less in conservation districts
 
 3 shall be processed by the land use commission pursuant to section
 
 4 205-4.  The appropriate county land use decision-making authority
 
 5 may consolidate proceedings to amend state land use district
 
 6 boundaries pursuant to this subsection, with county proceedings
 
 7 to amend the general plan, development plan, zoning of the
 
 8 affected land or such other proceedings.  Appropriate ordinances
 
 9 and rules to allow consolidation of such proceedings may be
 
10 developed by the county land use decision-making authority."
 
11      SECTION 2.  Section 205-4, Hawaii Revised Statutes, is
 
12 amended by amending the title and subsection (a) to read as
 
13 follows:
 
14      "�205-4  Amendments to district boundaries involving land
 
15 areas greater than [fifteen] five hundred acres.(a)  Any
 
16 department or agency of the State, any department or agency of
 
17 the county in which the land is situated, or any person with a
 
18 property interest in the land sought to be reclassified, may
 
19 petition the land use commission for a change in the boundary of
 
20 a district.  This section applies to all petitions for changes in
 
21 district boundaries of lands within conservation districts and
 
22 all petitions for changes in district boundaries involving lands
 
23 greater than [fifteen] five hundred acres in the agricultural,
 

 
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                                     S.B. NO.           939
                                                        
                                                        

 
 1 rural, and urban districts, except as provided in section
 
 2 201G-118.  The land use commission shall adopt rules pursuant to
 
 3 chapter 91 to implement section 201G-118."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________