Provides for a one-time review and proposed boundary amendment to reclassify agricultural district lands that are principally rural subdivisions; makes an appropriation to office of planning to provide technical assistance to counties.

A BILL FOR AN ACT

SECTION 1. Many parts of the State are characterized by rural settlements that straddle state highways. These rural settlements offer a glimpse of what small rural communities looked like prior to the advent of modern subdivisions and what might be promoted and enhanced as existing rural settlements are rehabilitated or new communities developed.

Historically rural settlements in our State were somewhat self-contained and did not function as a suburb of a major urban center. Commerce and community business was conducted within the town at a personal level and everyone knew their neighbor and community. The efficiency of this pattern of community development was such that a trip to the city was a special occasion instead of a daily commute.

The legislature finds that to promote and protect the rural lifestyle that characterized early statehood, to take advantage of technology that allows for commerce and business to be conducted from a distance and to guard against the advent of urban sprawl and a dependence on the automobile, the viability of rural communities and the state land use rural district needs to be enhanced.

The purpose of this Act is to establish a one-time, streamlined process for the reclassification of lands to the rural land use district to create more viable rural districts, primarily in those areas where rural communities already exist and agricultural lands have already been subdivided and developed as low-density residential communities or put to non-agricultural use.

SECTION 2. (a) Within      days of the effective date of this Act, each county shall develop criteria for the mapping of lands to be recommended for reclassification to the rural district; provided that priority shall be placed on the reclassification of those lands that are already subdivided and developed for non-agricultural uses. The mapping of lands to be recommended for reclassification shall be based on the long-range land use patterns contained in the county's adopted general plan and community or development plans. The mapping shall also take into consideration any new rural policy standards developed or being considered by each county and the office of planning. The county planning departments shall identify those areas that have the attributes and land use and resource characteristics that make them suitable for the new rural district. The counties shall consult with stakeholders, including property owners, community organizations, and county and state agencies in the mapping process.

(b) Within      days of the effective date of this Act, each county shall submit recommendations for new rural district boundaries to the land use commission in the form of a report for each county prepared by the county planning department, including maps displaying proposed new rural district boundaries as recommended by the county planning departments. The report shall document the criteria used and the rationale for the proposed district boundaries, the process used in developing proposed district boundaries, the stakeholders involved in the process, and the comments and concerns raised during the process.

(c) The district boundary amendments proposed under this section shall be exempt from the provisions of sections 6E-8 and 6E-42, Hawaii Revised Statutes.

(d) The commission shall hold at least one public hearing in accordance with chapter 92, Hawaii Revised Statutes, in each county prior to the final adoption by the commission of the new rural district boundaries for that county. Notice of the time and place of the hearing shall be published at least once in a newspaper in the county where the lands sought to be redistricted are situated, as well as once in a newspaper of general circulation in the State at least thirty days in advance of the meeting. Notice of the hearing shall be mailed to persons or organizations who have made a timely written request for advance notice of boundary amendment proceedings. The notice shall indicate the time and place that the report and maps showing the proposed district boundaries within the county may be inspected prior to the meeting. Any person wishing to file written comments and recommendations on the proposed boundary amendments with the commission shall file the materials within fifteen days of the hearing. Any person may submit testimony in person or in writing at the public hearing.

(e) Within ninety days of the date of acceptance of the filing of a county report and recommendations, the commission shall act on the proposed boundary amendments, and shall approve or disapprove the proposed district boundaries in whole or in part. The district boundaries for all counties shall be adopted in final form on or before June 30, 2007. The new district boundaries shall be approved by two-thirds of the membership to which the land use commission is entitled.

(f) The commission shall specifically consider the following in its decision making:

(g) At the time the land use commission adopts the new district boundaries, the commission shall adopt a report or findings to include:

(h) Any change in the district designation of lands pursuant to this section shall not invalidate the county zoning of affected parcels. The existing county codes and rules applicable to affected parcels shall remain in effect until such time as the underlying zoning for a parcel is amended by the county or property owner, or the county amends its codes.

(i) A change in land use district classification of a parcel or parcels resulting from a land use commission decision pursuant to this section may be appealed to the circuit court of the circuit where the land in question is found pursuant to section 91-14, Hawaii Revised Statutes. The district boundaries and classification of parcels not subject to an appeal shall remain in full force and effect.

(j) No individual requests for reclassification shall be permitted under this Act. District boundary amendment requests that are not part of the proposed boundary amendments of these proceedings shall be subject to sections 205-3.1 and 205-4, Hawaii Revised Statutes.

(k) The land use commission shall have the sole authority to interpret the district boundaries adopted under this Act.

(l) Any state or county approval of projects involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, on lands that are reclassified by the commission pursuant to this section, shall remain subject to sections 6E-8 and 6E-42, Hawaii Revised Statutes.

(m) For any proposed project involving lands reclassified by the commission pursuant to this section, the applicable state or county agency or officer shall advise the department of land and natural resources of any application involving a permit, license, certificate, land use change, subdivision, or other entitlement for use of such lands, that may affect threatened or endangered species and their associated ecosystems. The agency or officer shall allow the department of land and natural resources an opportunity for review and comment on the effect of the proposed project on threatened or endangered species and their associated ecosystems up to and during the commission's public hearing on the matter, but in any case prior to any approval.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006 for technical assistance and spatial data required for mapping pursuant to section 2 of this Act.

The sum appropriated shall be expended by the office of planning to provide mapping, technical assistance or consultant support subject to the receipt of a mutually agreeable work plan developed by the county and the office.

SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2005.