Report Title:

Military Installations

Description:

Requires notification to the commanding officer of the military installation of: (1) zoning changes and (2) district boundary amendments for land within 3,000 feet of a military installation.

HOUSE OF REPRESENTATIVES

H.B. NO.

1806

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to military installations.

 

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

SECTION 1. The legislature finds that in December 2001, the United States Congress authorized a new round of military installation and base realignments and closures to be implemented in 2005. In the past, certain base closings resulted because of the loss of effectiveness of a military installation that was caused by the encroachment on the installation by nearby civilian urban growth. The legislature finds that all branches of the United States armed services in Hawaii are not only vital contributors to the economy of the State but also responsible stewards of the lands they occupy. Furthermore, the branches of the armed services are productive, contributing community members.

The purpose of this Act is to require sufficient notice to commanding officers of military installations in the State of:

(1) Proposed zoning changes on lands within three thousand feet of any military installation; and

(2) Any petitions for land-use district boundary amendments for any lands within three thousand feet of any military installation,

thus affording military authorities an opportunity to:

(1) Raise any concerns they may have about urban encroachment on military installations that could adversely affect the effectiveness and preparedness of the installation; and

(2) Participate in any contested case proceedings, as applicable.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46- Notice of zoning-change application within three thousand feet of military installation. (a) Any county planning department that processes a zoning-change application shall notify the authorities of any military installation within three thousand feet of any land that is the subject of the zoning-change application, in accordance with the county's rules for public hearings, but in no case less than sixty days prior to the earliest administrative hearing on the application. A copy of the notification shall also be forwarded to the office of the governor. The county planning department shall request from the commanding officer of the military installation written comments and supporting facts relating to the use of the land being considered in the zoning-change application. If the commanding officer does not submit a response to such request by the date of the public hearing, the county may presume that the zoning-change application will not have any adverse effects on the operation and effectiveness of the installation.

(b) In reviewing any zoning-change application subject to the requirements of subsection (a), the county planning department shall be required to review and consider the following:

(1) Whether the proposed zoning change will permit a use that is suitable within three thousand feet of a military installation;

(2) Whether the proposed zoning change will permit a use that will adversely affect the operations and effectiveness of the military installation;

(3) Whether the property that is the subject of the zoning application has a reasonable economic use as currently zoned;

(4) Whether the proposed zoning change will result in a use that will or could cause a safety concern or could otherwise adversely affect the military installation with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, housing, or schools due to the proximity of the military installation; and

(5) Whether the zoning proposal conforms with the county's general plan, development plans, or other long-range plans.

(c) As used in this section, "military installation" shall include any military base, airport, camp, post, station, yard, center, home-port facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense."

SECTION 3. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"205- Notice of petition for district boundary amendment for land within three thousand feet of military installation. (a) A copy of any petition for a district boundary amendment of any land within three thousand feet of any military installation, whether processed pursuant to section 205-3.1 or 205-4, shall be served upon the appropriate commanding officer of the military installation. The copy of the petition shall be accompanied by a notice of any scheduled hearing on the petition. The commanding officer of the military installation or the commanding officer's representative shall have an opportunity to file a timely application for intervention as a party in the proceedings. The county land use decision-making authority or the commission shall request from the commanding officer of the military installation written comments and supporting facts relating to the use of the land being considered in the proposed petition for the district boundary amendment. If the commanding officer of the military installation does not file a timely application to intervene or a timely response to a request for comment by the date of the public hearing, the county land use decision-making authority or the commission may presume that the proposed petition for the district boundary amendment will have no adverse effects on the operation and effectiveness of the installation.

(b) In reviewing any petition for district boundary amendment subject to the requirements of subsection (a), the county land use decision-making authority or the commission shall be required to review and consider the following:

(1) Whether the district boundary amendment will permit a use that is suitable within three thousand feet of a military installation;

(2) Whether the district boundary amendment will permit a use that will adversely affect the operations and effectiveness of the military installation;

(3) Whether the property that is the subject of the petition for district boundary amendment has a reasonable economic use as currently zoned;

(4) Whether the district boundary amendment will result in a use that will or could cause a safety concern or could otherwise adversely affect the military installation with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, housing, or schools due to the proximity of the military installation; and

(5) Whether the district boundary amendment conforms with the county's general plan, development plans, or other long-range plans.

(c) As used in this section, "military installation" shall include any military base, airport, camp, post, station, yard, center, home-port facility for a ship, or any other military activity center that is under the jurisdiction of the United State Department of Defense."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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