Report Title:

Restriction on the reclassifying of agricultural lands for urban use

 

Description:

Prohibits the State Land Use Commission from allowing land to be reclassified from agricultural to urban use unless public thoroughfares have first been completed.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1024

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to agricultural lands.

 

 

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-    Reclassification of land; agricultural district to urban district.  (a)  Notwithstanding any provision in this chapter to the contrary, the commission shall not grant petitions seeking the reclassification of land from the agricultural district to the urban district with respect to any residential development unless the petitioner first completes the construction of all public thoroughfares as designated in the plans submitted by the petitioner and upon which the petitioner's request is based.

     (b)  As used in this section:

     "Public thoroughfare" includes the entire width, including a berm or shoulder, of every road, alley, street, way, lane, trail, highway, bikeway, or bridge, when any part thereof is open for use by the public, including any bicycle lane, bicycle path, bikeway, controlled-access highway, laned roadway, roadway, or street.

     "Residential development" means any artificial change to real property related to the construction, expansion, enlargement, alteration, or erection of residential buildings or structures that requires a grading or building permit as appropriate."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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