Defines interpretation of district boundaries. Allows the executive director of the land use commission to make such interpretations, but provides that interpretations are advisory only.

A BILL FOR AN ACT

SECTION 1. The rules of the state land use commission allow its executive director to make an interpretation of district boundaries upon request. Concerns have been raised that those who request interpretations may consider the conclusions made by the executive director to be equivalent to a district boundary amendment granted by the commission. This Act makes clear that interpretations of district boundaries are advisory only and are not an action of the agency.

The purpose of this Act is to define interpretation of district boundaries and to clarify that the issuance of such an interpretation is advisory only.

SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§205-   Interpretation of district boundaries. Any person or entity entitled to petition the land use commission under section 205-4 may request the executive director to determine where district boundaries lie with respect to the property in question. The commission shall adopt rules pursuant to chapter 91 to administer this section.

Any interpretation of district boundaries made by the executive director is advisory only. Any amendments to district boundaries shall be made by the commission as provided by law."

SECTION 3. New statutory material is underscored.

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