HOUSE OF REPRESENTATIVES	H.B. NO.	2904
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COUNTY GENERAL PLANS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  The legislature finds that a county general plan is a comprehensive long-range plan from which the county development plan is derived.  The county development plan is a relatively detailed plan for an area or region within a county to implement the objectives and policies of the county general plan.

The planning process necessitates an orderly manner for the establishment of land use regulation.  The planning process requires guidelines for long-range development such as county general plans and development plans.

In so doing, general plans and development plans function as guidelines for policymakers to implement zoning, land use and subdivision regulations.  General plans and development plans are not intended to serve as, or replace the county regulatory process.

     SECTION 2.  Section 226-58, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  County general plans shall be formulated on the basis of sound rationale, data, analyses, and input from state and county agencies and the general public, and contain objectives and policies as required by the charter of each county.  Further, the county general plans should:

     (1)  Contain objectives to be achieved and policies to be pursued with respect to population density, land use, transportation system location, public and community facility locations, water and sewage system locations, visitor destinations, urban design, and all other matters necessary for the coordinated development of the county and regions within the county; and

     (2)  Contain implementation priorities and actions to carry out policies to include but not be limited to land use maps, programs, projects, regulatory measures, standards and principles, and interagency coordination provisions[.];

provided that the state general plan shall remain the ultimate controlling authority of land use in the State of Hawaii.  Within all state land use districts other than conservation, the counties have the authority to plan and zone pursuant to sections 46-4 and 226-58.  Even if they are discouraged, land uses that are permitted under:

(1) The state general plan;

(2) A county's general plan or development plan; and

(3) The county's current zoning,

for a tract of land, shall not be denied for lack of consistency or conformity."

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

     SECTION 4.  This Act shall take effect on December 21, 2058.

Report Title:

County General Plans; County Development Plans

Description:

Clarifies that the state general plan remains the controlling land use authority and that counties have authority within districts other than conservation to plan and zone.  Effective December 21, 2058.  (HB2904 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.