Report Title:

Land Use; Reclassification; County Ordinance

Description:

Provides that a zoning ordinance adopted by a county prior to January 1, 1980, shall not be invalidated by a reclassification of land; provided that the uses allowed under the zoning ordinance are permissible uses under the new classification. (HB2243 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2243
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
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.  The legislature finds that the zoning designation of certain lands has raised questions pertaining to interim zoning established during the period just after Hawaii's land use law was enacted and its relationship to the various state land use classifications.  This has resulted in invalidation of zoning ordinances when lands are reclassified by the land use commission, although the uses allowed under the zoning ordinances are permissible uses under the state land use reclassification.

     The purpose of this Act is to provide that a zoning ordinance adopted by the county prior to January 1, 1980, shall not be invalidated by a reclassification of land if the uses allowed under the zoning ordinance are permissible uses under the new classification.

     SECTION 2.  Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts, other than in conservation districts[.]; provided that any zoning ordinance adopted by a county prior to January 1, 1980, shall not be invalidated where the land has been reclassified pursuant to section 205‑3.1 or 205‑4; provided further that the uses allowed under the zoning ordinance are permissible uses under the reclassification.  Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.