Report Title:

Land Use; Rural Districts; One-time Reclassification

Description:

Conducts a study to develop policy recommendations for expanding and enhancing the use of rural land use districts. Requires counties to review land for reclassification to rural land use districts. Allows a one-time reclassification of lands. Appropriates moneys for the purposes of this Act.

THE SENATE

S.B. NO.

1152

TWENTY-THIRD LEGISLATURE, 2005

 

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. Less than 0.25 per cent of lands in the State are classified as rural land use districts. The legislature finds that rural districts should be better utilized to protect and enhance the character and economies of rural communities. The legislature further finds that there is a need to develop more viable rural districts especially in areas where rural communities already exist.

The purpose of this Act is to:

(1) Conduct a study to develop policy recommendations to expand and enhance the use of rural districts;

(2) Request proposed legislation to redefine rural districts from the state and county planning departments;

(3) Require county planning departments to review land within its jurisdiction for reclassification to rural districts;

(4) Allows a one-time reclassification of lands to rural districts;

(5) Appropriate moneys for the purposes of implementing this Act.

SECTION 2. (a) The office of planning and the county planning departments shall conduct a study to develop policy recommendations to expand and enhance the use of the rural districts.

(b) The office of planning and each county shall convene a joint advisory group for redefining rural districts and creating appropriate rural standards for boundary reviews.

The advisory group may include representatives of county, state, and federal agencies, landowners, farmers and farm organizations, the business community, environmental organizations, native Hawaiian organizations, planning organizations, and community groups.

(c) The advisory committee's study shall include:

(1) Examining existing state and county rural land use policies and development standards, and the practices used in other states;

(2) Proposing amendments to existing statutes to better utilize the rural district for rural settlements and rural town centers;

(3) Developing common rural land use principles to guide State and county rural land use policies, including the concepts of rural service centers and rural service areas;

(4) Compiling spatial data and mapping for lands in each county that are suitable for reclassification to rural district using geographic information systems; and

(5) Preparing an application and supporting reports and materials for proposed rural district boundary amendments to be submitted to the land use commission.

SECTION 3. The office of planning and the county planning departments shall collaborate and submit proposed legislation to redefine the rural land use district category to the legislature at least twenty days before the convening of the regular session of 2006.

SECTION 4. Each county planning department shall review and examine all the land within its jurisdiciton for possible reclassification to rural districts. The review and examination shall be developed with input from the community.

Each county may propose state boundary changes based upon its adopted general and community plans and its planning study.

SECTION 5. This section establishes a one-time process for the reclassification of lands to rural districts.

(a) Each county may request the land use commission to amend rural district boundaries and shall submit a report and maps displaying the proposed new rural district boundaries. The report shall document the:

(1) Criteria used and the rationale for the proposed district boundaries;

(2) Process used in developing proposed district boundaries;

(3) Stakeholders involved in the process; and

(4) The comments and concerns raised during the process.

(b) The office of planning shall prepare written comments and provide oral testimony to the commission, presenting the State’s recommendations and supporting rationale regarding the proposed district boundary amendments.

(c) The district boundary amendments proposed under this section shall be exempt from sections 6E-2, 6E-8, and 6E-42, Hawaii Revised Statutes.

(d) Upon receipt of each county's recommendations, the land use commission shall conduct at least one public hearing in accordance with chapter 92, Hawaii Revised Statutes. The hearing shall be in the county where the land is located prior to the commission's decision.

Notice of the time and place of the hearing shall be published at least once in a newspaper:

(1) Circulated in the county where the land is located; and

(2) Of general state circulation.

Both publications shall be made at least thirty days before the scheduled hearing.

Hearing notices shall also be mailed to persons or organizations who submit a written request for a hearing notice to the commission at least forty-five days prior to the scheduled hearing. Hearing notices shall include the date, time, and location of the hearing and the time and place that the county's report and maps may be reviewed.

Written testimony containing comments and recommendations for the proposed boundary amendments shall be submitted to the commission within fifteen days prior to the hearing. Testimony may also be submitted in person or in writing at the public hearing.

(e) The commission shall decide whether to approve or deny, in whole or in part, the proposed district boundaries within ninety days of receiving the county's report.

New district boundaries shall be approved by two-thirds of the land use commission members.

All new district boundaries shall be adopted on or before June 30, 2007.

(f) In making its decision, the commission shall consider:

(1) Whether the proposed reclassification conforms to county general and development plans;

(2) Whether the proposed reclassification results in a rural land use and settlement pattern that:

(A) Promotes and protects existing rural community's character and heritage;

(B) Provides for compact, mixed-use rural service centers or villages;

(C) Avoids costly extension of city-like infrastructure and services;

(D) Accommodates rural, non-farm development in a land-efficient manner; and

(E) Protects and promotes good agricultural land and agricultural use in the state land use agricultural district;

(3) The impact of the reclassification on state funds, state resources, and public infrastructure and services; and

(4) The impact of the reclassification on conservation, historic, archaeological, or cultural resources.

(g) The land use commission shall document in a report:

(1) All testimony received at hearing;

(2) The reasoning for approving or denying the boundary amendments;

(3) All concerns or issues that the commission has regarding the amendments; and

(4) Information or descriptions required to identify the general boundaries of the new rural district.

(h) Any change in the district designation of lands pursuant to this section shall not invalidate the county zoning of affected parcels. The existing county codes and rules applicable to affected parcels shall remain in effect until such time as the underlying zoning for a parcel is amended by the county or property owner, or the county amends its codes.

(i) A change in land use district classification of a parcel or parcels resulting from a land use commission decision pursuant to this section may be appealed to the circuit court of the circuit in which the land in question is found. The district boundaries and classification of parcels not subject to a petition for declaratory ruling shall remain in full force and effect.

The appeal shall be filed within sixty days of the date of the commission’s decision. The appeal shall be in accord with chapter 91, Hawaii Revised Statutes, and the Hawaii rules of civil procedure. In issuing any final order in an action brought pursuant to this subsection, any court with jurisdiction may award the costs of litigation, including reasonable attorney fees and court costs, to the prevailing party whenever the court determines such an award to be appropriate.

(j) No individual requests for reclassification shall be permitted under this Act. District boundary amendment requests that are not part of the proposed boundary amendments of these proceedings shall be subject to sections 205-3.1 and 205-4, Hawaii Revised Statutes.

(k) The land use commission shall have the sole authority to interpret the district boundaries adopted under this Act.

(l) Any state or county approval of projects involving a permit, license, certificate, zoning change, subdivision, or other entitlement for use, on lands which are reclassified by the commission pursuant to this section, shall be subject to sections 6E-8 and 6E-42, Hawaii Revised Statutes.

(m) For any proposed project involving lands reclassified by the commission pursuant to this section, the applicable state or county agency or officer shall advise the department of land and natural resources of any application involving a permit, license, certificate, land use change, subdivision, or other entitlement for use of such lands, which may affect threatened or endangered species and their associated ecosystems. The agency or officer shall allow the department of land and natural resources an opportunity for review and comment on the effect of the proposed project on threatened or endangered species and their associated ecosystems prior to any approval.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to conduct a study to develop policy recommendations to expand and enhance the use of rural districts.

The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal year 2005-2006, to assist the counties in implementing this Act:

City and county of Honolulu $

County of Kauai $

County of Maui $

County of Hawaii $

Total $

The sums appropriated shall constitute the State's share of the cost of mandated programs under article VIII, section 5, of the state constitution.

SECTION 8. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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