Report Title:

Rural Land Use Districts; One-Time Reclassification

Description:

Allows counties one opportunity to reclassify areas of land into rural land use districts. Appropriates money for the purposes of this Act.

THE SENATE

S.B. NO.

1881

TWENTY-THIRD LEGISLATURE, 2005

 

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. Many parts of the state contain pockets of rural communities that are located in the near vicinity of many state highways. These unique communities offer a glimpse of what Hawaii was like before the advent of modern subdivisions.

Historically rural communities in our State were self-contained and did not function as a suburb of a major urban center. Commerce and community business was conducted within its boundaries at a personal level and everyone knew their neighbors. There was no need to venture outside of the community, and a trip to the city was usually reserved for special occasions.

The purpose of this Act is to allow counties one opportunity to reclassify areas of land into rural land use districts.

SECTION 2. (a) This section establishes a one-time reclassification of lands to rural land use districts. The purpose of the reclassification is to create viable rural districts, primarily in areas where:

(1) Rural communities already exist; and

(2) Agricultural lands have been subdivided and developed as low-density residential communities or put to non-agricultural use.

Counties shall develop criteria for mapping lands to be recommended for reclassification into rural districts; provided that priority shall be placed on the reclassification of lands that are already subdivided and developed for non-agricultural uses. Counties shall further consider long-range land use patterns contained in the county’s general, community, or development plans and new rural policy standards developed or considered by the county and the office of planning.

County planning departments shall identify areas that have land use and resource characteristics suitable for the new rural district, and counties shall also consult with stakeholders, including property owners, community organizations, and county and state agencies in the mapping process.

(b) Counties shall submit recommendations for new rural district boundaries to the land use commission. Each county planning department shall prepare its recommendation in a report that includes:

(1) The criteria used to select district boundaries;

(2) Maps depicting the new rural district boundaries;

(3) A list of stakeholders affected by the redistricting; and

(4) Comments and concerns raised during the decision process.

(c) The district boundary amendments proposed under this section shall be exempt from sections 6E-3, 6E-8, and 6E-42, Hawaii Revised Statutes.

(d) Upon receipt of each county's recommendations, the land use commission shall conduct at least one public hearing in accordance with chapter 92, Hawaii Revised Statutes. The hearing shall be in the county where the land is located prior to the commission's decision.

Notice of the time and place of the hearing shall be published at least once in a newspaper:

(1) Circulated in the county where the land is located; and

(2) Of general state circulation.

Both publications shall be made at least thirty days before the scheduled hearing.

Hearing notices shall also be mailed to persons or organizations who submit a written request for a hearing notice to the commission at least forty-five days prior to the scheduled hearing. Hearing notices shall include the date, time, and location of the hearing and the time and place that the county's report and maps may be reviewed.

Written testimony containing comments and recommendations for the proposed boundary amendments shall be submitted to the commission within fifteen days prior to the hearing. Testimony may also be submitted in person or in writing at the public hearing.

(e) In making its decision, the commission shall consider:

(1) Whether the proposed reclassification conforms to county general and development plans;

(2) Whether the proposed reclassification results in a rural land use and settlement pattern that:

(A) Promotes and protects existing rural community's character and heritage;

(B) Provides for compact, mixed-use rural service centers or villages;

(C) Avoids costly extension of city-like infrastructure and services;

(D) Accommodates rural, non-farm development in a land-efficient manner; and

(E) Protects and promotes good agricultural land and agricultural use in the state land use agricultural district;

(3) The impact of the reclassification on state funds, state resources, and public infrastructure and services; and

(4) The impact of the reclassification on conservation, historic, archaeological, or cultural resources.

(f) The commission shall decide whether to approve or deny, in whole or in part, the proposed district boundaries within ninety days of receiving the county's report.

New district boundaries shall be approved by two-thirds of the land use commission members.

All new district boundaries shall be adopted on or before June 30, 2007.

(g) The land use commission shall document in a report:

(1) All testimony received at hearing;

(2) The reasoning for approving or denying the boundary amendments;

(3) All concerns or issues that the commission has regarding the amendments; and

(4) Information or descriptions required to identify the general boundaries of the new rural district.

(h) Any change in the district designation of lands pursuant to this section shall not invalidate the county zoning of affected parcels. The existing county codes and rules applicable to affected parcels shall remain in effect until such time as the underlying zoning for a parcel is amended by the county or property owner, or the county amends its codes.

(i) A change in land use district classification of a parcel or parcels resulting from a land use commission decision pursuant to this section may be appealed to the circuit court of the circuit in which the land in question is located. The district boundaries and classification of parcels not subject to an appeal shall remain in full force and effect.

The appeal shall be filed within sixty days of the date of the commission’s decision. The appeal shall be in accord with chapter 91, Hawaii Revised Statutes, and the Hawaii rules of civil procedure. In issuing any final order in an action brought pursuant to this subsection, any court with jurisdiction may award costs of litigation, including reasonable attorney fees and court costs, to the prevailing party whenever the court determines such award to be appropriate.

(j) No individual requests for reclassification shall be permitted under this Act. District boundary amendment requests that are not part of the proposed boundary amendments under this Act shall be subject to sections 205-3.1 and 205-4, Hawaii Revised Statutes.

(k) The land use commission shall have the sole authority to interpret the district boundaries adopted under this Act.

(l) Any state or county approval of projects involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, on lands that are reclassified by the commission pursuant to this section, shall still be subject to sections 6E-8 and 6E-42, Hawaii Revised Statutes.

(m) For any proposed project involving lands reclassified by the commission pursuant to this section, the applicable state or county agency or officer shall advise the department of land and natural resources of any application involving a permit, license, certificate, land use change, subdivision, or other entitlement for use of such lands, which may affect threatened or endangered species and their associated ecosystems. The agency or officer shall allow the department of land and natural resources an opportunity for review and comment on the effect of the proposed project on threatened or endangered species and their associated ecosystems up to and during the commission’s public hearing on the matter, but in any case prior to any approval.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to create and reclassify rural land use districts.

SECTION 4. The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

_____________________________