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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2617 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature enacted the state land use commission law in 1961 due to the perception that inadequate controls allowed many of Hawaii's limited and valuable lands to be used for the short-term gain of a few, resulting in a long-term loss to the growth and potential of Hawaii's economy.
The legislature finds that over the past half century, various commissions and task forces have reviewed the state land use commission chapter to ensure proper conservation, control, and development of resources.
The purpose of this Act is to provide guidance and clarification to chapter 205, Hawaii Revised Statutes, by requiring the counties to petition the land use commission for regional district boundary amendments needed after adopting updates to their general plan and requiring the land use commission to conduct the five-year boundary amendment reviews.
SECTION 2. Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:
"§205-3.1 Amendments to district boundaries. (a) District boundary amendments involving lands in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands shall be processed by the land use commission pursuant to section 205-4.
(b) Any department or agency of the State, and 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 appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands less than fifteen acres presently in the rural and urban districts and lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands.
(c) District boundary amendments involving land areas of fifteen acres or less, except as provided in subsection (b), shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that such boundary amendments and approved uses are consistent with this chapter. The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or such other proceedings. Appropriate ordinances and rules to allow consolidation of such proceedings may be developed by the county land use decision-making authority.
(d) The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the department of business, economic development, and tourism and shall notify the commission and the department of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision. Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the department of business, economic development, and tourism by the county planning director.
(e) After the completion of county proceedings to amend its general plan, and adoption by the county council, each county shall submit the general plan to the land use commission for review and petition the commission to approve any boundary amendments as may be required under subsection (a), to be processed pursuant to section 205-4."
SECTION 3. Section 205-18, Hawaii Revised Statutes, is amended to read as follows:
"§205-18 Periodic review of districts.
The [office of planning] commission
shall undertake a review of the classification and districting of all lands in
the State, within five years from December 31, [1985,] 2016
and every fifth year thereafter. The [office,] commission in its
five-year boundary review, shall focus its efforts on reviewing the Hawaii
state plan, county general plans, and county development and community plans.
Upon completion of the five-year boundary review, [the office shall submit a
report of the findings to] the commission[. The office] may
initiate state land use boundary amendments [which] that it deems
appropriate to conform to these plans. The [office] commission
may seek assistance of appropriate state and county agencies and may employ
consultants and undertake studies in making this review."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
State Land Use Commission; Zoning; Boundary Amendments
Description:
Requires the counties to petition LUC to reclassify lands. Requires LUC to conduct the five year regional boundary change review. (HB2617 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.