HOUSE OF REPRESENTATIVES

H.B. NO.

1973

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the land use commission.

 

 

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

 


     SECTION 1.  Section 205-12, Hawaii Revised Statutes, is amended to read as follows:

     "§205-12  Enforcement.  (a)  The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations.

     (b)  With regard to any land within a conservation district, the commission shall have the authority to compel any public agency to perform any of the public agency's duties or responsibilities or to comply with any statutory requirements pertaining to the public agency.  For the purpose of enforcing this subsection, the commission may file an action in the circuit court of the circuit in which the applicable land is located.  The commission may also resolve a dispute pursuant to this subsection through arbitration, mediation, or any other method, upon the agreement of the public agency."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

LUC; DLNR; Public Agencies; Conservation Districts; Enforcement

 

Description:

Authorizes the Land Use Commission to compel any public agency to comply with its duties, responsibilities, and statutory requirements regarding conservation districts.

 

 

 

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