SB1593 SD2

Report Title:

Land Use; Rural Districts; One-Time Reclassification

Description:

Allows counties to recommend rural district amendments and form an advisory group to redefine rural districts. Conducts a study to develop policy recommendations to expand and enhance rural districts. Allows one-time reclassification of lands. Appropriates money for the purposes of this Act. (SD2)

THE SENATE	S.B. NO.	1593
TWENTY-THIRD LEGISLATURE, 2005		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

relating to land use.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Many parts of the State contain pockets of rural communities that are located in the near vicinity of many state highways. These unique communities offer a glimpse of what Hawaii was like before the advent of modern subdivisions.

Historically rural communities in our State were self-contained and did not function as a suburb of a major urban center. Commerce and community business was conducted within its boundaries at a personal level and everyone knew their neighbors. There was no need to venture outside of the community, and a trip to the city was usually reserved for special occasions.

The legislature believes that rural districts are a commodity to our State, and by creating more rural districts, citizens will look at their land not just as real estate but as precious communities.

The purpose of this Act is to:

(1) Allow counties to work with the office of planning to develop policy and recommend boundary amendments to expand and enhance the use of rural districts;

(2) Convene an advisory group for redefining rural districts;

(3) Allow counties one opportunity to reclassify areas of land into rural land use districts; and

(4) Appropriate money to accomplish the purposes of this Act.

SECTION 2. (a) Each county's planning department may conduct a study with the office of planning to review boundaries within its jurisdiction to develop policies and boundary amendment recommendations that would expand and enhance the use of rural districts. The boundary review process shall include but not be limited to:

(1) Developing recommendations for more effective state and county rural land use policies and development standards;

(2) Mapping lands recommended for rural district boundary amendments; and

(3) Establishing a process for the one-time reclassification of lands to rural districts.

(b) Each county may convene an advisory group for redefining rural districts and creating appropriate rural standards for boundary reviews. The advisory group may conduct public hearings in accordance with chapter 92, Hawaii Revised Statutes.

The advisory group may include representatives of county, state, and federal agencies, landowners, farmers and farm organizations, the business community, environmental organizations, native Hawaiian organizations, planning organizations, and community groups.

The advisory group's review shall include:

(1) Examining existing state and county rural land use policies and development standards, and the practices used in other states;

(2) Proposing amendments to existing statutes to better utilize the rural district for rural settlements and rural town centers;

(3) Developing common rural land use principles to guide state and county rural land use policies, including the concepts of rural service centers and rural service areas;

(4) Compiling spatial data and mapping for lands in each county that are suitable for reclassification to rural district using geographic information systems; and

(5) Preparing an application and supporting reports and materials for proposed rural district boundary amendments to be submitted to the land use commission.

(1) Examining existing state and county rural land use policies and development standards and the practices used in other states;

(2) Developing common rural land use principles to guide state and county rural land use policies, including the concepts of rural service centers and rural service areas;

(3) Developing recommendations for improving existing state and county rural land use policies to provide flexibility for rural non-agricultural uses and to utilize innovative rural land management tools;

(4) Compiling spatial data and mapping for lands in each county that are suitable for reclassification to rural districts using geographic information systems; and

(5) Preparing an application and supporting reports and materials for proposed rural district boundary amendments to be submitted to the land use commission.

The state office of planning shall be responsible for any consulting services as may be needed for the boundary review process. The office of planning shall also assist the counties in coordinating working and public informational meetings for their respective counties.

(d) Counties may develop criteria for mapping lands to be recommended for reclassification into rural districts; provided that priority shall be placed on the reclassification of lands that are already subdivided and developed for non-agricultural uses. Counties may further consider long-range land use patterns contained in the county’s general, community, or development plans and new rural policy standards developed or considered by the county and the office of planning.

County planning departments may identify areas that have land use and resource characteristics suitable for the new rural district, and counties shall also consult with stakeholders, including property owners, community organizations, and county and state agencies in the mapping process.

(e) Each county may develop procedures for involving the public in reviewing lands for amending rural district boundaries. The procedures shall include a series of public meetings during the policy and mapping phases of the boundary review.

SECTION 3. The office of planning and the county planning departments shall collaborate and submit proposed legislation to redefine the rural district to the legislature at least twenty days before the convening of the regular session of 2006.

SECTION 4. (a) This section establishes a one-time, process for a reclassification to rural districts for lands that were classified agricultural prior to June 4, 1976. Each county, with the assistance of the office of planning, shall submit recommendations for amended rural district boundaries to the land use commission. The recommendations shall be submitted in the form of a report and shall include maps displaying the proposed new rural district boundaries. The report shall document the:

(1) Criteria used and the rationale for the proposed district boundaries;

(2) Process used in developing proposed district boundaries;

(3) Stakeholders involved in the process; and

(4) Comments and concerns raised during the process.

(b) The district boundary amendments proposed under this section shall be exempt from sections 6E-3, 6E-8, and 6E-42, Hawaii Revised Statutes.

(c) Upon receipt of each county's recommendations, the land use commission shall conduct at least one public hearing in accordance with chapter 91. The hearing shall be in the county where the land is located prior to the commission's decision.

(d) The commission shall decide whether to approve or deny, in whole or in part, the proposed district boundaries within ninety days of receiving the county's report.

New district boundaries shall be approved by two-thirds of the land use commission members.

All new district boundaries shall be adopted on or before June 30, 2007.

(e) In making its decision, the commission shall consider:

(1) Whether the proposed reclassification conforms to county general and development plans;

(2) Whether the proposed reclassification results in a rural land use and settlement pattern that:

(A) Promotes and protects an existing rural community's character and heritage;

(B) Provides for compact, mixed-use rural service centers or villages;

(D) Accommodates rural, non-farm development in a land-efficient manner; and

(E) Protects and promotes good agricultural land and agricultural use in the state land use agricultural district;

(3) The impact of the reclassification on state funds, state resources, and public infrastructure and services; and

(4) The impact of the reclassification on conservation, historic, archaeological, or cultural resources.

(f) The land use commission shall document in a report:

(1) All testimony received at hearing;

(2) The reasoning for approving or denying the boundary amendments;

(3) All concerns or issues that the commission has regarding the amendments; and

(4) Information or descriptions required to identify the general boundaries of the new rural district.

(g) 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.

(h) 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 in which the land in question is found. The district boundaries and classification of parcels not subject to the appeal shall remain in full force and effect.

The appeal shall be filed within thirty days of the date of the commission’s decision. The appeal shall be in accordance with chapter 91, Hawaii Revised Statutes, and the Hawaii rules of civil procedure.

(i) 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.

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

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

(l) 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 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 prior to any approval.

SECTION 5. 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, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to conduct a study to develop policy and recommend boundary amendments to expand and enhance the use of rural districts.

The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal year 2005-2006, to assist the counties in implementing this Act:

City and county of Honolulu $

County of Kauai $

County of Maui $

County of Hawaii $

Total $

The sums appropriated shall constitute the State's share of the cost of mandated programs under article VIII, section 5, of the state constitution.

SECTION 7. This Act shall take effect upon approval; provided that sections 5 and 6 shall take effect on July 1, 2005.