DLNR; Conservation Lands

Transfers DLNR jurisdiction over privately owned conservation
district lands to the counties.

THE SENATE                              S.B. NO.           1480
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 183C, Hawaii Revised Statutes, is
 2 amended by adding a new chapter to be appropriately designated
 3 and to read as follows:
 4      "183C-     Conservation district lands; county control.
 5 Notwithstanding any other law to the contrary, all privately
 6 owned lands classified as conservation district lands pursuant to
 7 section 205-2 shall be under the exclusive jurisdiction of the
 8 counties.  All powers, duties, rights, and obligations previously
 9 exercised by the department of land and natural resources over
10 privately owned conservation district lands are transferred to
11 the counties.  All public conservation district lands or
12 conservation district lands not privately owned shall be under
13 the jurisdiction of the department of land and natural
14 resources."
15      SECTION 2.  Section 171-3, Hawaii Revised Statutes, is
16 amended to read as follows:
17      "171-3 Department of land and natural resources.  (a)  The
18 department of land and natural resources shall be headed by an
19 executive board to be known as the board of land and natural

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 1 resources.
 2      (b)  Except as provided under section 183C-  :
 3      (1)  The department shall manage, administer, and exercise
 4           control over public lands, the water resources, ocean
 5           waters, navigable streams, coastal areas (excluding
 6           commercial harbor areas), and minerals and all other
 7           interests therein and exercise such powers of
 8           disposition thereof as may be authorized by law[.]; and
 9      (2)  The department shall also manage and administer the
10           state parks, historical sites, forests, forest
11           reserves, aquatic life and aquaculture programs,
12           aquatic life sanctuaries, public fishing areas,
13           boating, ocean recreation, and coastal programs,
14           wildlife, wildlife sanctuaries, game management areas,
15           public hunting areas, natural area reserves, and other
16           functions assigned by law."
17      SECTION 3. Section 183C-1, Hawaii Revised Statutes, is
18 amended to read as follows:
19      "[[]183C-1[]]  Findings and purpose.  The legislature finds
20 that public lands within the state land use conservation district
21 contain important natural resources essential to the preservation
22 of the State's fragile natural ecosystems and the sustainability
23 of the State's water supply.  It is therefore, the intent of the

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 1 legislature to conserve, protect, and preserve the important
 2 natural resources of the State through appropriate management and
 3 use to promote their long-term sustainability and the public
 4 health, safety and welfare."
 5      SECTION 4. Section 183C-2, Hawaii Revised Statutes, is
 6 amended as follows:
 7      1.  By amending the definition of "conservation district" to
 8 read:
 9      ""Conservation district" means those public lands within the
10 various counties of the State bounded by the conservation
11 district line, as established under [provisions of] Act 187,
12 Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii
13 1963, or further amendments thereto."
14      2.  By amending the definition of "land" to read:
15      ""Land" means all public real property, fast or submerged,
16 and all interests therein, including fauna, flora, minerals, and
17 all such natural resources, unless otherwise expressly provided."
18      SECTION 5.  Section 183C-2, Hawaii Revised Statutes is
19 amended by deleting the definition of "landowner".
20      [""Landowner" means an owner of land or any estate or
21 interest in that land."]
22      SECTION 6.  Section 183C-4, Hawaii Revised Statutes, is
23 amended by amending subsection (e) to read as follows:

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 1      "(e)  Whenever any [landowner or] government agency whose
 2 property will be directly affected makes an application to change
 3 the boundaries or land uses of any zone, or to establish a zone
 4 with certain land uses, or where the department proposes to make
 5 the change or changes itself, the change or changes shall be put
 6 in the form of a proposed rule by the applicant and the
 7 department shall then give public notice thereof during three
 8 successive weeks statewide and in the county in which the
 9 property is located.  The notice shall be given not less than
10 thirty days prior to the date set for the hearing, and shall
11 state the time and place of the hearing and the changes proposed.
12 Any proposed rules and the necessary maps shall be made available
13 for inspection by interested members of the public.  The hearing
14 shall be held in the county in which the land is located and may
15 be delegated to an agent or representative of the board as may
16 otherwise be provided by law and in accordance with rules adopted
17 by the board.  For the purpose of its public hearing or hearings,
18 the board may summon witnesses, administer oaths, and require the
19 giving of testimony."
20      SECTION 7.  Section 183C-6, Hawaii Revised Statutes, is
21 amended by amending subsection (b) to read as follows:
22      "(b)  The department shall render a decision on a completed
23 application for a permit within one-hundred-eighty days of its

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 1 acceptance by the department.  If within one-hundred-eighty days
 2 after acceptance of a completed application for a permit, the
 3 department shall fail to give notice, hold a hearing, and render
 4 a decision, the [owner] applicant may automatically put the
 5 [owner's] applicant's land to the use or uses requested in the
 6 [owner's] application.  When an environmental impact statement is
 7 required pursuant to chapter 343, or when a contested case
 8 hearing is requested pursuant to chapter 91, the one-hundred-
 9 eighty days may be extended an additional ninety days at the
10 request of the applicant.  Any request for additional extensions
11 shall be subject to the approval of the board."
12      SECTION 8.  Section 205-5, Hawaii Revised Statutes, is
13 amended by amending subsection (a) to read as follows:
14      "(a)  Except as herein provided, the powers granted to
15 counties under section 46-4 shall govern the zoning within the
16 districts[, other than in conservation districts].  Conservation
17 districts on public lands shall be governed by the department of
18 land and natural resources pursuant to chapter 183C."
19      SECTION 9.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 10.  This Act shall take effect upon its approval.
23                           INTRODUCED BY:  _______________________