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

A BILL FOR AN ACT

SECTION 1. Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183C-   Conservation district lands; county control. Notwithstanding any other law to the contrary, all privately owned lands classified as conservation district lands pursuant to section 205-2 shall be under the exclusive jurisdiction of the counties. All powers, duties, rights, and obligations previously exercised by the department of land and natural resources over privately owned conservation district lands are transferred to the counties. All public conservation district lands or conservation district lands not privately owned shall be under the jurisdiction of the department of land and natural resources."

SECTION 2. Section 171-3, Hawaii Revised Statutes, is amended to read as follows:

"§171-3 Department of land and natural resources. (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources.

(b) Except as provided under section 183C-  :

SECTION 3. Section 183C-1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§183C-1[]] Findings and purpose. The legislature finds that public lands within the state land use conservation district contain important natural resources essential to the preservation of the State's fragile natural ecosystems and the sustainability of the State's water supply. It is therefore, the intent of the legislature to conserve, protect, and preserve the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public health, safety and welfare."

SECTION 4. Section 183C-2, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "conservation district" to read:

""Conservation district" means those public lands within the various counties of the State bounded by the conservation district line, as established under [provisions of] Act 187, Session Laws of Hawaii 1961, and Act 205, Session Laws of Hawaii 1963, or further amendments thereto."

2. By amending the definition of "land" to read:

""Land" means all public real property, fast or submerged, and all interests therein, including fauna, flora, minerals, and all such natural resources, unless otherwise expressly provided."

SECTION 5. Section 183C-2, Hawaii Revised Statutes is amended by deleting the definition of "landowner".

[""Landowner" means an owner of land or any estate or interest in that land."]

SECTION 6. Section 183C-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Whenever any [landowner or] government agency whose property will be directly affected makes an application to change the boundaries or land uses of any zone, or to establish a zone with certain land uses, or where the department proposes to make the change or changes itself, the change or changes shall be put in the form of a proposed rule by the applicant and the department shall then give public notice thereof during three successive weeks statewide and in the county in which the property is located. The notice shall be given not less than thirty days prior to the date set for the hearing, and shall state the time and place of the hearing and the changes proposed. Any proposed rules and the necessary maps shall be made available for inspection by interested members of the public. The hearing shall be held in the county in which the land is located and may be delegated to an agent or representative of the board as may otherwise be provided by law and in accordance with rules adopted by the board. For the purpose of its public hearing or hearings, the board may summon witnesses, administer oaths, and require the giving of testimony."

SECTION 7. Section 183C-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall render a decision on a completed application for a permit within one-hundred-eighty days of its acceptance by the department. If within one-hundred-eighty days after acceptance of a completed application for a permit, the department shall fail to give notice, hold a hearing, and render a decision, the [owner] applicant may automatically put the [owner's] applicant's land to the use or uses requested in the [owner's] application. When an environmental impact statement is required pursuant to chapter 343, or when a contested case hearing is requested pursuant to chapter 91, the one-hundred- eighty days may be extended an additional ninety days at the request of the applicant. Any request for additional extensions shall be subject to the approval of the board."

SECTION 8. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts[, other than in conservation districts]. Conservation districts on public lands shall be governed by the department of land and natural resources pursuant to chapter 183C."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.