1015
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LAND USE.



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] fifty acres shall be processed by the land
 
 6 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 acres] lands of fifty acres or less
 
14 presently in the agricultural, rural, and urban districts.
 
15      (c)  District boundary amendments involving land areas of
 
16 [fifteen] fifty acres or less, except land in conservation
 
17 districts and land in agricultural districts with soil classified
 
18 by the land study bureau's detailed land classification as
 
19 overall (master) productivity rating class A or B shall be
 

 
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 1 determined by the appropriate county land use decision-making
 
 2 authority for said district and shall not require consideration
 
 3 by the land use commission pursuant to section 205-4.  District
 
 4 boundary amendments involving land areas of [fifteen] fifty acres
 
 5 or less in conservation districts and land in agricultural
 
 6 districts with soil classified by the land study bureau's
 
 7 detailed land classification as overall (master) productivity
 
 8 rating class A or B shall be processed by the land use commission
 
 9 pursuant to section 205-4.  The appropriate county land use
 
10 decision-making authority may consolidate proceedings to amend
 
11 state land use district boundaries pursuant to this subsection,
 
12 with county proceedings to amend the general plan, development
 
13 plan, zoning of the affected land or such other proceedings.
 
14 Appropriate ordinances and rules to allow consolidation of such
 
15 proceedings may be developed by the county land use decision-
 
16 making authority."
 
17      SECTION 2.  Section 205-4, Hawaii Revised Statutes, is
 
18 amended by amending its title and subsection (a) to read as
 
19 follows:
 
20      "�205-4  Amendments to district boundaries involving land
 
21 areas greater than [fifteen] fifty acres.  (a)  Any department or
 
22 agency of the State, any department or agency of the county in
 

 
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 1 which the land is situated, or any person with a property
 
 2 interest in the land sought to be reclassified, may petition the
 
 3 land use commission for a change in the boundary of a district.
 
 4 This section applies to all petitions for changes in district
 
 5 boundaries of lands within conservation districts and all
 
 6 petitions for changes in district boundaries involving lands
 
 7 greater than [fifteen] fifty acres in the agricultural, rural,
 
 8 and urban districts, except as provided in section 201E-210.  The
 
 9 land use commission shall adopt rules pursuant to chapter 91 to
 
10 implement section 201-210."
 
11      SECTION 3.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY: ________________________
 

 
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