Report Title:

Land Use; Agriculture and Rural District; Reclassification

Description:

Permits the counties to reclassify lands from the agricultural district to the rural district for areas not exceeding 100 acres, subject to disapproval by the legislature.

THE SENATE

S.B. NO.

2401

TWENTY-SECOND LEGISLATURE, 2004

 

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

"§205-A Amendments to district boundaries for rural lands of less than one hundred acres. (a) Any provision in this chapter to the contrary notwithstanding, 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 from the agricultural district to the rural district, may petition the appropriate county land use decision-making authority of the county in which the land is situated for a district boundary amendment involving lands of less than one hundred acres in the aggregate; provided that the lands are designated for rural use on the county's long-range development or community plan and are not classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B.

(b) Any district boundary amendment pursuant to this section shall be determined by the appropriate land use decision-making authority for the county and shall not require consideration by the land use commission pursuant to section 205-4. The appropriate county land use decision-making authority may determine district boundary changes pursuant to this section in the same manner that it determines district boundary changes pursuant to section 205-3.1, including the requirement of a contested case proceeding by the planning commission pursuant to chapter 91. Appropriate ordinances and rules to allow these proceedings may be developed by the county land use decision-making authority.

(c) 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 district boundary amendment pursuant to this section shall require a two-thirds vote by the county land use decision-making authority and shall become effective on the day designated by the county land use decision-making authority in its decision, subject to subsection (d). Within sixty days of the effective date of any decision to amend the 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, the department of business, economic development, and tourism, and the legislature by the county planning director.

(d) Any district boundary amendment pursuant to this section shall be subject to disapproval by the legislature by a two-thirds vote of either the senate or house of representatives or by a majority vote of both the senate and the house of representatives in any regular or special session following receipt of the decision by the county land use decision-making authority. The department of business, economic development, and tourism shall submit, for introduction to the legislature, a resolution for review of any district boundary amendment pursuant to this section, containing the decision, along with the description and map of the affected land."

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 land areas greater than fifteen acres shall be processed by the land use commission pursuant to section 205-4[.], except as provided in section 205-A.

(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 presently in the agricultural, rural, and urban districts[.] or lands less that one hundred acres pursuant to section 205-A.

(c) District boundary amendments involving land areas of fifteen acres or less[,] or one hundred acres or less pursuant to section 205-A, except in conservation districts, shall be determined by the appropriate county land use decision-making authority for said district and shall not require consideration by the land use commission pursuant to section 205-4. District boundary amendments involving land areas of fifteen acres or less in conservation districts shall be processed by the land use commission pursuant to section 205-4. 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."

SECTION 3. Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (a) 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. 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 205-A and section 201G-118. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201G-118."

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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