HOUSE OF REPRESENTATIVES

H.B. NO.

802

TWENTY-EIGHTH LEGISLATURE, 2015

 

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.  Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:

     "(a)  District boundary amendments involving lands in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands shall be processed by the land use commission pursuant to section 205-4[.], except amendments involving lands in the urban district as provided in subsection (c).

     (b)  Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands less than fifteen acres presently in the rural [and urban districts] district and lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands[.], except amendments involving lands in the urban district as provided in subsection (c).

     (c)  District boundary amendments involving land in the urban district, regardless of acreage involved or whether the amendment changes the boundary of the agricultural or rural district, shall be determined exclusively by the county in which the land is located; provided that any amendment that changes the boundary of the conservation district shall be determined pursuant to subsection (a).  The appropriate county shall amend the boundary of the urban district by ordinance pursuant to the zoning powers granted under section 46-4.

     [(c)] (d)  District boundary amendments involving land areas of fifteen acres or less, except as provided in [subsection] subsections (b)[,] and (c), shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that [such] the boundary amendments and approved uses are consistent with this chapter.  The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or [such] other proceedings.  Appropriate ordinances and rules to allow consolidation of [such] these proceedings may be developed by the county land use decision-making authority.

     [(d)] (e)  The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the department of business, economic development, and tourism and shall notify the commission and the department of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing.  A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision.  Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the department of business, economic development, and tourism by the county planning director."

     SECTION 2.  Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district.  This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural[,] and rural[, and urban] districts, except as provided in [section] sections 201H-38[.] and 205-3.1(c).  The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38."

     SECTION 3.  Section 205-50, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any land use district boundary amendment or change in zoning involving important agricultural lands identified pursuant to this chapter, except boundary amendments involving lands in the urban district, shall be subject to this section."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Land Use; District Boundary Amendments; Urban District; Counties

 

Description:

Provides the counties with exclusive authority to amend district boundaries for lands in the urban district.

 

 

 

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