THE SENATE	S.B. NO.	583
TWENTY-NINTH LEGISLATURE, 2017
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.  Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

     "(a)  District boundary amendments involving lands in the conservation district, land areas greater than [fifteen] or equal to one hundred 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] one hundred acres presently in the rural and urban districts and lands less than [fifteen] one hundred acres in the agricultural district that are not designated as important agricultural lands.

     (c)  District boundary amendments involving land areas of [fifteen] less than one hundred 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."

     SECTION 2.  Section 205-4, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "§205-4  Amendments to district boundaries involving land areas greater than [fifteen] or equal to one hundred acres.  (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] or equal to one hundred acres in the agricultural, rural, and urban districts, except as provided in section 201H-38.  The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 4.  This Act shall take effect on July 1, 2017.

INTRODUCED BY:

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Report Title:

Land Use; District Boundary Amendments; Counties

Description:

Allows counties to approve district boundary amendments involving land areas up to one hundred acres, rather than fifteen acres, except lands in a conservation district or delineated as important agricultural lands.

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