HOUSE OF REPRESENTATIVES	H.B. NO.	2419
TWENTY-SIXTH LEGISLATURE, 2012
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 supports county rule in the land use reclassification process.  In making amendments to county general plans, the counties are inclusive, holding many public hearings.  Amendments to a county general plan are voted on by appointed commissions as well as elected legislative bodies.  Consequently, counties conduct more community outreach than the land use commission.

     The purpose of this Act is to facilitate the land use classification process when adopting amendments to a county general plan.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-    County general plan; amendments; commission approval. Notwithstanding any other law to the contrary, when making amendments to a county general plan, as defined in section 226-2, that include the reclassification of agricultural, rural, or urban land parcels greater than fifteen acres, the county shall file a petition with the commission for a declaratory order to approve the amended county general plan.  Upon the granting of the declaratory order by the commission, the reclassification contained in the amended county general plan shall take immediate effect."

     SECTION 3.  Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified, may petition the land use commission for a change in the boundary of a district.  This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in [section] sections 205-    and 201H-38.  The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Land Use Commission; County General Plan; Reclassification

Description:

Requires counties to seek declaratory ruling from the land use commission for reclassification of lands in a county general plan.  Changes to the general plan take effect immediately upon approval of the reclassification by the land use commission.

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