THE SENATE

S.B. NO.

1135

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to land development.

 

 

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

 


     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46‑    Development in hazardous areas.  (a)  Notwithstanding any law to the contrary, beginning on July 1, 2012, no county subdivision, development plan, or building permit shall be issued to an applicant who is a subdivider, developer, or builder of a new residential or commercial structure that is within one hundred feet downhill of any state-owned property containing hillsides or cliffs with slopes of thirty degrees or more.

     (b)  The director of the appropriate state agency may grant a written waiver of the requirements under subsection (a) to an appropriate county agency and applicant; provided that the applicant:

     (1)  Performs or causes to be performed, at the applicant's cost, a risk assessment to determine the risks of rockfalls or landslides that pose or may pose a hazard to any person or structure on or adjacent to the subdivision or development project site; or

     (2)  Creates hazard buffer zones or implements other appropriate mitigation measures in the areas of the subdivision or development site where a rockfall or landslide hazard is determined or is suspected to exist, that are sufficient to protect the health and safety of future homeowners and persons in the vicinity of the property, and provides a written disclosure of those risks to all potential homeowners that will run with the land.

     For purposes of this section, any determination of the existence of a hazard or risk of harm from hillsides or cliffs with a slope grade of thirty degrees or greater shall be performed by a licensed geotechnical professional.

     (c)  For the purposes of this section, "subdivision" means any land that is divided or is proposed to be divided for the purpose of disposition into two or more lots, parcels, units, or interests and includes any land, whether contiguous or not, if two or more lots are offered as part of a common promotional plan of advertising and sale."

     SECTION 2.  By December 31, 2011, the department of defense, the department of Hawaiian home lands, the department of land and natural resources, and the department of transportation shall determine the locations of state lands controlled by their respective jurisdictions that:

     (1)  Contain hillsides or cliffs with a slope grade of thirty degrees or greater; and

     (2)  Are located within one hundred feet of the boundaries of the state land and submit that information to the appropriate zoning agencies of the counties no later than March 31, 2012.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Land Development; Permits

 

Description:

Prohibits counties from issuing building permits for commercial or residential structures that are within one hundred feet downhill of any state-owned property with hillsides or cliffs with slopes of thirty degrees or more; allows for written waivers in certain situations; requires certain state agencies to report relevant information to the counties.

 

 

 

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