Report Title:

Land Use Commission; Land Reclassification; County

 

Description:

Allows county land use decision-making authority to reclassify lands not more than fifty acres. Allows for the consolidation of the boundary amendment process with county proceedings to amend land use maps contained in county plans.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2522

TWENTY-FOURTH LEGISLATURE, 2008

 

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. The counties have general plans, and in some cases, community development plans and regional district development plans. These result from long-range planning efforts and have been adopted after local community input. To guide growth and development to areas designated by these county planning documents and to promote the principles of smart growth development, it is often necessary to redistrict land to encourage a more compact development pattern, and to discourage sprawl and leap-frog development.

The purpose of this Act is to promote smart growth and to streamline its process by:

(1) Allowing land use district boundary amendment petitions to be filed with the county for lands less than fifty acres in the rural and urban districts and agricultural district lands that are not important agricultural lands; and

(2) Providing for the consolidation of the boundary amendment process with county proceedings to amend land use maps contained in county plans.

SECTION 2. 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] fifty 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] fifty acres presently in the rural and urban districts and lands less than [fifteen] fifty 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] the 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]:

(1) The general plan, [development plan, zoning];

(2) A land use map contained in a county general plan, county community, county development, or county community development plan;

(3) Zoning of the affected land[, or such]; or

(4) Any other proceedings.

Appropriate ordinances and rules to allow consolidation of [such] the proceedings may be developed by the county land use decision-making authority."

SECTION 3. 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] fifty 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] fifty 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 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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