Report Title:

Land Use

Description:

Requires joint hearings between the state land use commission and the appropriate county land use decision-making authority for any project that would require a hearing by each body to obtain necessary land use and zoning approvals.

HOUSE OF REPRESENTATIVES

H.B. NO.

2910

TWENTY-SECOND LEGISLATURE, 2004

 

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 46-15.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§46-15.7[]] Concurrent processing. When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a [housing] project, requests for amendments to these plans and zoning maps shall be allowed, if accepted for processing by the county, to be processed concurrently at the request of the applicant. In addition, upon the request of the applicant, these [plan] plans and zoning map amendment requests may be processed concurrently with any [request] petition to the state land use commission for the redesignation of lands which would permit the development of the [housing] project. In the case of a concurrent processing of a plans and zoning map amendment request with a petition to the state land use commission for a reclassification of lands for the same project, any public hearing or contested case hearing pursuant to chapter 91 by a county land use decision-making authority for a plans and zoning amendment shall be heard concurrently with a public hearing or contested case pursuant to chapter 91 for a petition to reclassify land by the state land use commission for the project.

For the purposes of this section:

"County community or development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan.

["Housing project"] "Project" means a plan, design, or undertaking for the development of single- or multi-family housing, including any affordable housing component which may be required by the county council[. A housing project may also include ancillary uses such as commercial and industrial uses which are an integral part of the development.], a hotel or resort, any commercial or industrial properties, and recreational facilities, including but not limited to golf courses and driving ranges."

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

"(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[.], concurrently with an application to a county land use decision-making authority for an amendment to a county community or development plan, a change in zoning, or both, for lands for the same project, as provided in section 46-15.7. This section applies to all petitions for changes in district boundaries of lands within conservation districts and all petitions for changes in district boundaries involving lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201G-118. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201G-118.

(b) Upon proper filing of a petition, or a petition along with an application to a county land use decision-making authority, pursuant to subsection (a) the commission [shall,] within not less than sixty and not more than one hundred and eighty days, shall conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable."

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:

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