HCR348 HD1 PROPOSED

HOUSE OF REPRESENTATIVES	H.C.R. NO.	348
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII		PROPOSED

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE LAND USE COMMISSION AND the COUNTY COUNCILS AND THE planning commissions of maui and kauai counties TO RECOGNIZE THAT VACATION RENTAL USES IN single-family dwellings and FARM DWELLINGS IN STATE AGRICULTURAL DISTRICTs ARE NOT PROHIBITED UNDER CHAPTER 205, HAWAII REVISED STATUTES.

WHEREAS, when the Legislature established prohibited uses in state agricultural districts under Act 199, Session Laws of Hawaii 1976, alternative forms of visitor accommodations were uncommon throughout Hawaii; and

WHEREAS, Act 186, Session Laws of Hawaii 1980, authorized the counties to restrict the location of transient vacation rentals to those existing in multifamily buildings; and

WHEREAS, alternative visitor accommodations, including those in single-family dwellings and farm dwelling units, are an important part of Hawaii's tourism industry; and

WHEREAS, the tourism industry is a significant part of Hawaii's economy; and

WHEREAS, the counties have taken the position that chapter 205, Hawaii Revised Statutes, per se prohibits single-family and farm dwelling transient vacation rental uses within state agricultural districts without a special use permit; and

WHEREAS, single-family and farm dwelling transient vacation rentals and income therefrom may support agricultural activities and thus can be compatible with agricultural uses; and

WHEREAS, chapter 205, Hawaii Revised Statutes, does not prohibit these alternative forms of visitor accommodations in agricultural districts; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Land Use Commission and the county councils and the planning commissions of Maui and Kauai counties are requested to recognize that transient vacation rental uses are not prohibited in single-family and farm dwelling units that are otherwise in compliance with chapter 205, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that the Land Use Commission and the county councils and the planning commissions of Maui and Kauai counties are urged not to adopt rules and procedures that interpret chapter 205, Hawaii Revised Statutes, as prohibiting single-family and farm dwelling transient vacation rental uses in state agricultural districts, without providing for the grandfathering of lawfully existing single-family and farm dwelling transient vacation rentals, pursuant to section 46-4, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Land Use Commission and the Mayor, the Council Chairperson, and the Chairperson of the Planning Commission of the counties of Maui and Kauai.