Requires counties to give notice to military installation authorities of any proposed zoning change applications of lands within 3,000 feet of a military installation, and requires consideration of potential impacts the zoning change could have on the military installation.

A BILL FOR AN ACT

SECTION 1. The legislature finds that in December 2001, the United States Congress authorized a new round of military installation and base realignments and closures to be implemented in 2005. In the past, certain base closings resulted due to the loss of efficiency or effectiveness of a military installation caused by the encroachment on the installation by nearby civilian urban growth. The legislature finds that all branches of the armed services of the United States in Hawaii are not only vital contributors to the economy of the State but are also good stewards of the lands they occupy and good contributing community members.

The purpose of this Act is to grant commanders of military installations in the State sufficient notice of proposed zoning changes on lands within three thousand feet of any military installation, affording the military authorities an opportunity to raise any concern they may have to avoid urban encroachment on military installations that could impact the effectiveness and preparedness of the military installation.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Notice of zoning change application within three thousand feet of military installation. (a) Any county planning department that processes a zoning change application shall notify the authorities of any military installation within three thousand feet of the lands that are the subject of the application of the proposed zoning change application, in accordance with the county's rules for public hearings, but in no case less than sixty days prior to the earliest administrative hearing on the application. A copy of the notification shall also be forwarded to the office of the governor. The county planning department may request from the commander of the military installation written comments and supporting facts relating to the use of the land being considered in the proposed zoning application. The failure of the installation commander to submit a response to such request by the date of the public hearing shall not lead to a presumption by the county that the proposed zoning application will not have any adverse effects on the operation and effectiveness of the installation.

(b) In reviewing any zoning change application subject to the requirements of subsection (a), the planning department shall be required to review and consider the following:

(c) As used in this section, "military installation" shall include any base, military airport, camp, post, station, yard, center, home port facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense."

SECTION 3. New statutory material is underscored.

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