Report Title:

Land Use; North Kohala Coastline

 

Description:

Directs the department of land and natural resources to petition Hawaii county to restrict the use of certain lands along the North Kohala coastline in Hawaii county within the agricultural district to prevent low density residential or any other development.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2606

TWENTY-FOURTH LEGISLATURE, 2008

 

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 North Kohala coastline provides cultural, historic, and scenic benefits to the people of Hawaii.  The area is significant, in part, because of the important role it had in the history of the missionary, paniolo, and plantation eras.  The area contains Lapakahi state park, an ancient Hawaiian coastal settlement, Mookini Heiau state monument, the birthplace of Kamehameha the Great, and numerous other historical and sacred native Hawaiian sites.

     In 1988, recognizing the scenic significance of the North Kohala coastline, the legislature adopted senate concurrent resolution no. 179, H.D. 1, urging the State and Hawaii county to work together to preserve the public view and open space of the North Kohala coast, and to discourage subdivision and building development there.

     In 2000, over six hundred members of the community responded to an update of the Hawaii county comprehensive plan by petitioning to preserve and protect the North Kohala coastline from Kawaihae to Pololu Valley.

     In 2001, the legislature adopted senate concurrent resolution no. 146, S.D. 1, urging the State and Hawaii county to collaborate with the community and residents of Kohala to develop and implement a plan that would protect the openness of the Kohala coast, preserve its valuable historic sites, and provide greater awareness and appreciation of the historic and cultural significance of the area.

     Despite years of advocacy for the protection of the North Kohala coastline, development in the area has continued and more subdivisions are planned.  The relevant area is currently within the agricultural district and current zoning permits it to be developed for low density residential uses.

     The purpose of this Act is to prevent any development of the lands by directing the department of land and natural resources to petition Hawaii county to restrict the use of certain lands along the North Kohala coastline in Hawaii county within the agricultural district.

     SECTION 2.  (a)  The department of land and natural resources shall petition Hawaii county to restrict the use of certain lands along the North Kohala coastline in Hawaii county (that are designated on the state tax map as TMK: 357002034, 358001002, 358001005, 358001006, 356001035, 357001004, 357001009, 357001010, 357001015, 357002018, 359001004, 359003002, 359003004, 359004001, 359004008, 356001073, 356001001, and 356001011), within the agricultural district to agricultural‑100 (AG‑100).

     (b)  The department of land and natural resources shall submit a report, including the status of the petition, to the legislature no later than twenty days prior to the convening of the 2009 regular session.

     (c)  Pending the preparation, filing, and final disposition of the petition required by subsection (a), the county of Hawaii shall not issue any special permit or issue any land use, subdivision, building or other permit that would enable any development of lands along the North Kohala coastline in Hawaii county referenced in subsection (a).

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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