REPORT TITLE:
LUC; Boundary Changes


DESCRIPTION:
Increases the threshold for land use boundary changes under the
land use commission from 15 to 50 acres.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2551
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE LAND USE COMMISSION.


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] fifty acres presently in the
 
14 agricultural, rural, and urban districts.
 
15      (c)  District boundary amendments involving land areas of
 
16 [fifteen] fifty acres or less, except in conservation districts,
 
17 shall be determined by the appropriate county land use decision-
 
18 making authority for said district and shall not require
 
19 consideration by the land use commission pursuant to
 
20 section 205-4.  District boundary amendments involving land areas
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 of [fifteen] fifty acres or less in conservation districts shall
 
 2 be processed by the land use commission pursuant to
 
 3 section 205-4.  The appropriate county land use decision-making
 
 4 authority may consolidate proceedings to amend state land use
 
 5 district boundaries pursuant to this subsection, with county
 
 6 proceedings to amend the general plan, development plan, zoning
 
 7 of the affected land or such other proceedings.  Appropriate
 
 8 ordinances and rules to allow consolidation of such proceedings
 
 9 may be developed by the county land use decision-making
 
10 authority."
 
11      SECTION 2.  Section 205-4, Hawaii Revised Statutes, is
 
12 amended by amending the title and subsection (a) to read as
 
13 follows:
 
14      "§205-4  Amendments to district boundaries involving land
 
15 areas greater than [fifteen] fifty acres.(a)  Any department or
 
16 agency of the State, any department or agency of the county in
 
17 which the land is situated, or any person with a property
 
18 interest in the land sought to be reclassified, may petition the
 
19 land use commission for a change in the boundary of a district.
 
20 This section applies to all petitions for changes in district
 
21 boundaries of lands within conservation districts and all
 
22 petitions for changes in district boundaries involving lands
 
23 greater than [fifteen] fifty acres in the agricultural, rural,
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 and urban districts, except as provided in section 201G-118.  The
 
 2 land use commission shall adopt rules pursuant to chapter 91 to
 
 3 implement section 201G-118."
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.