Increases district boundary size for amendments handled by land use commission rather than county from 15 acres to 75 acres.

A BILL FOR AN ACT

SECTION 1. At present, amendments to district boundaries that are fifteen acres in size or less are handled by the county involved. Amendments to districts larger than fifteen acres are handled by the state land use commission. The purpose of this Act is to change this boundary between state and county action from fifteen acres to seventy-five acres. This will allow a larger number of these matters to be resolved at the county level, bringing decision-making closer to home. It will also save time and resources for the parties.

SECTION 2. Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

"(a) District boundary amendments involving land areas greater than [fifteen] seventy-five acres shall be processed by the land use commission pursuant to section 205-4.

(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] seventy-five acres or less presently in the agricultural, rural, and urban districts.

(c) District boundary amendments involving land areas of [fifteen] seventy-five acres or less, except in conservation districts, shall be determined by the appropriate county land use decision-making authority for [said] that district and shall not require consideration by the land use commission pursuant to section 205-4. District boundary amendments involving land areas of [fifteen] seventy-five acres or less in conservation districts shall be processed by the land use commission pursuant to section 205-4. 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 proceedings may be developed by the county land use decision-making authority."

SECTION 3. Section 205-4, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"§205-4 Amendments to district boundaries involving land areas greater than [fifteen] seventy-five acres. (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 and all petitions for changes in district boundaries involving lands greater than [fifteen] seventy-five acres in the agricultural, rural, and urban districts, except as provided in section 201G-118. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201G-118."

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.