Report Title:
Land Use Commission; County Petitions
Description:
Allows counties to file boundary amendment petitions for multi-parcel petition area to conform land use designations to county general plans or county development or community plans.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1321 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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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:
SECTION 1. The legislature finds that section 205-18, Hawaii Revised Statutes, requires the office of planning to make periodic reviews of the classification and districting of all lands in the State every five years. However, the last review undertaken by the office was in 1992. Since that last review, many county general plans and county community and development plans have undergone many changes and comprehensive reviews resulting in substantial revisions and amendments. Accordingly, many of the county land use plans are now inconsistent with the state land use district boundaries.
To bring consistency to the state and county land use plans, the counties, the parties closest to the lands, and residents occupying and enjoying the beneficence of the lands should be allowed more flexibility in trying to coordinate the land use and planning process.
The purpose of this Act is to allow a county to file a comprehensive petition or petitions in accordance with its county land use plans with the land use commission to bring consistency to state and county land use plans.
SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§205- County petition. Each county land use decision-making authority may periodically file a petition with the commission pursuant to section 205-4 for a boundary amendment within the county that:
(1) May encompass the entire county, a community or development plan area, or any portion thereof;
(2) Is in compliance with the county's general plan and community or development plan; and
(3) Need not comply with the detailed content requirements of an individual petition as required by commission rules, but must include sufficient criteria and rationale in the general plan and community or development plan included with the petition to afford the commission sufficient information to act in accordance with section 205-17; provided however that if the petition includes any lands in the conservation district, the petitioner must comply with the requirements of chapter 343."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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