Report Title:

Land Use Commission

 

Description:

Establishes expedited procedures before the Land Use Commission for counties to reclassify lands to conform to county land uses in county plans.  (HB3374 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3374

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO THE LAND USE COMMISSION.

 

 

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

 


     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-     County petition to conform lands to county plans.  A county may petition the commission to reclassify lands to bring the lands into conformance with county land use maps contained in the county general plan, county community, county development, or county community development plans.  Notwithstanding any provision to the contrary in this chapter, any petition filed under this section shall be subject to the following:

     (1)  Upon proper filing of a petition, the commission shall, within not less than thirty and not more than ninety days, conduct at least one hearing on the appropriate island.  Chapter 92 shall apply to the proceedings, but the petition shall not be subject to the contested case provisions contained in sections 91-8, 91-9, 91-9.5, 91‑10, 91‑11, 91‑12, 91‑13, and 91‑14.  The commission shall decide the petition solely on matters presented for the record and in testimony received at the hearing.  Ex parte communications with the members of the commission on the subject matter of the petition shall be prohibited;

     (2)  Notwithstanding any other provision to the contrary, notice of hearings shall be served on the office of planning, county planning commission, and county planning department of the county in which the land is located, and all persons with a property interest in the land as recorded in the county's real property tax records.  Notice of the hearing shall also be mailed to all persons who have made a timely written request for advance notice of boundary amendment proceedings.  Public notice shall be provided at least once in the county in which the land sought to be reclassified is situated and at least once statewide at least thirty days in advance of the hearing.  The notice shall indicate the time and place that maps showing the proposed district boundary may be inspected and the date, time, and place where the hearing will be held;

     (3)  Notwithstanding any other provision to the contrary, the commission and its staff may view and inspect any land that is the subject of the application prior to a hearing on the petition;

     (4)  The commission may take action separately on proposed boundary amendments contained within the petition or act on the petition as a whole.  No boundary amendment shall be approved unless the commission finds upon the clear preponderance of the evidence that the proposed boundary amendment is reasonable, not violative of section 205‑2 and consistent with the policies and criteria established pursuant to sections 205‑16 and 205‑17(1) and (2).  Six affirmative votes of the commission shall be necessary to enact a boundary amendment under this section;

     (5)  Within three hundred sixty‑five days after the proper filing of a petition, the commission shall either approve or deny the petition as a whole, approve the petition subject to conditions, in whole or in part, or deny the petition, in whole or in part.  Any land that is denied reclassification under this section may be the subject of a petition under section 205‑3.1 or 205‑4, as applicable, after six months from the date of denial; and

     (6)  Any subsequent county rezoning of property that is the subject of a boundary amendment under this section shall contain conditions that address the concerns of section 205‑17(3).  The counties shall give the appropriate state agencies the opportunity to comment upon any such rezoning action.  The rezoning process shall incorporate the requirements for the protection of historic sites and burials contained in sections 6E‑42 and 6E‑43, and any rules adopted thereunder, provided that any applicable studies shall be done in the rezoning process, and not during the periodic boundary amendment process."

     SECTION 2.  Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  District boundary amendments involving land areas of fifteen acres or less, [except as] unless provided otherwise in subsection (b), shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that [such] the boundary amendments and approved uses are consistent with this chapter.  The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, [development plan,] the land use map contained in a county general plan, the county community, county development, or county community development plan, the zoning of the affected land, or [such] any other proceedings.  Appropriate ordinances and rules to allow consolidation of [such] the proceedings may be developed by the county land use decision-making authority."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on June 1, 2025.