SB843

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 important 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 allow counties a one-time opportunity to reclassify areas of land into rural land use districts.

SECTION 2. (a) There shall be established 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, may 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, Hawaii Revised Statutes. The hearing shall be in the county where the land is located prior to the land use commission's decision.

(d) The land use 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, 2010.

(e) In making its decision, the land use 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 land use 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 land use 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 land use 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 land use 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 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	843
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII