Report Title:

North Kohala; Public Lands; Reclassification

 

Description:

Directs office of planning to petition the land use commission to reclassify certain public lands in North Kohala from the agricultural district to the conservation district.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

26

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to land use.

 

 

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

 


     SECTION 1.  The legislature finds that the North Kohala coastline provides cultural, historic, and scenic benefits to the people of Hawaii.  The area is significant, in part, because of the important role it had in the history of the missionary, paniolo, and plantation eras.  The area contains Lapakahi state park, an ancient Hawaiian coastal settlement, Mookini Heiau state monument, the birthplace of Kamehameha the Great, and numerous other historical and sacred native Hawaiian sites.

     In 1988, recognizing the scenic significance of the North Kohala coastline, the legislature adopted Senate Concurrent Resolution No. 179, H.D. 1, urging the State and Hawaii county to work together to preserve the public view and open space makai of the Kawaihae‑Mahukona‑Hawi road and to discourage subdivision and building development there.

     In 2000, over six hundred members of the community responded to an update of the Hawaii county comprehensive plan by petitioning to preserve and protect the North Kohala coastline from Kawaihae to Pololu Valley.

     In 2001, the legislature adopted Senate Concurrent Resolution No. 146, S.D. 1, urging the State and Hawaii county to collaborate with the community and residents of Kohala to develop and implement a plan that would protect the openness of the Kohala coast, preserve its valuable historic sites, and provide greater awareness and appreciation of the historic and cultural significance of the area.

     Despite years of advocacy for the protection of the North Kohala coastline, development in the area has continued and more subdivisions are planned.  This Act is limited to certain designated public lands in North Kohala that are currently within the agricultural district and with current zoning that would permit the lands to be developed for low density residential uses.

     The purpose of this Act is to prevent any development of the designated public lands by directing the office of planning to petition the land use commission to reclassify the lands from the agricultural district to the conservation district.

     SECTION 2.  (a)  The department of business, economic development, and tourism, office of planning shall petition the land use commission to reclassify certain public lands along the North Kohala coastline in Hawaii county, that are identified on the tax maps of the State of Hawaii as TMK: Third Division:

     (1)  5-7-003: 004, 013 and 015;

     (2)  5-8-001: 012 and 013;

     (3)  5-6-001: 011, 036, 037, and 060;

     (4)  5-7-001: 021 and 022; and

     (5)  5-9-003: 001,

from the agricultural district to the conservation district.

     (b)  The office of planning shall submit a report, including the status of the petition, to the legislature no later than twenty days prior to the convening of the 2010 regular session.

     (c)  Pending the preparation, filing, and final disposition of the petition required by subsection (a), the county of Hawaii shall not issue any special permit or issue any land use, subdivision, building, or other permit that would enable the development of the public lands along the North Kohala coastline in Hawaii county identified in subsection (a).

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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