Clarifies the process to appeal county land use decisions.

A BILL FOR AN ACT

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

"§46- Appeal from the development agreement. Any person aggrieved by a development agreement entered into by the county legislative body shall file an appeal to the circuit court of the circuit in which the land in question is situated within thirty days of the effective date of the development agreement and in the manner set forth in Chapter 91."

SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any final order of a zoning agency established under this section may be appealed to the circuit court of the circuit in which the land in question is found. The appeal shall be in accordance with and taken within the time and in the manner set forth in the Hawaii rules of civil procedure[.] when no contested case hearing, as defined in chapter 91, has been held. The appeal shall be taken within the time and in the manner set forth in chapter 91 when there has been a contested case hearing as defined in chapter 91."

SECTION 3. Section 205-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur. The county planning commission shall notify the land use commission and such persons and agencies that may have an interest in the subject matter of the time and place of the hearing. An appeal of the county planning commission’s decision whether to issue a special permit under this section shall be filed with the circuit court of the circuit in which the land is situated within the time and in the manner set forth in chapter 91."

2. By amending subsection (e) to read:

"(e) A copy of the decision together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres shall be transmitted to the land use commission within sixty days after the decision is rendered. Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition. A denial or approval either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be [made pursuant to] taken in accordance with and within the time and in the manner set forth in the Hawaii rules of civil procedure."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act, upon its approval, shall take effect retroactive to __________________.