THE SENATE

S.B. NO.

1334

THIRTY-THIRD LEGISLATURE, 2025

 

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 office of planning and sustainable development's 2022 State Land Use Review of Districts confirmed that 65,792 acres or approximately 1.6 per cent of the total lands in the State are situated within county-designated urban growth areas but are not classified as state urban district.  This discrepancy is primarily due to the incongruence between the county long-range land use planning process and the State's land use process.  Under the authority set forth in chapters 46 and 226, Hawaii Revised Statutes, the counties prepare general plans and community development plans that provide a long-range vision to guide the growth and development of their individual counties.  These plans are adopted after extensive local community and stakeholder input in the preparation of the plans.

     The county quasi-legislative long-range planning processes are different from the contested case district boundary amendment processes, but each process reaches a similar goal, i.e., identifying land for its appropriate use.  Allowing the counties to reclassify state land use district boundaries to conform to their established general and community development plans would streamline development, including housing production, in areas where the counties can and wish to support growth, as well as protect areas that are intended for agricultural purposes.

     The purpose of this Act is to allow the county land use decision-making authorities to process district boundary amendments to align state land use district boundaries with conforming land use designations contained in adopted county land use plans.

     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[,] except as provided in subsection (c), 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] land areas of fifteen acres or less presently in the rural and urban districts [and lands less than fifteen acres] or land areas of fifteen acres or less in the agricultural district that are not designated as important agricultural lands.

     (c)  Any county planning agency of the county in which the land is situated may petition the appropriate county land use decision-making authority for a change in the boundary of a district involving lands greater than fifteen acres so as to conform with the county's general plan or development plan.

     [(c)] (d)  District boundary amendments involving land areas of fifteen acres or less, except as provided in subsection (b), or intiated by the county planning agency to conform with the county's general plan or development plan pursuant to subsection (c), 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)] (e)  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."

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

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

 

INTRODUCED BY:

_____________________________

 

BY REQUEST

 

 

 

Report Title:

Land Use; Land Use District Boundary Amendments

 

Description:

Authorizes county petition process for review and approval of land use district boundary amendments based on adopted county general plans or county development plans.

 

 

 

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