HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. According to the United States Census Bureau and the department of business, economic development, and tourism statistics, nearly forty per cent of private residences on Oahu were built in 1969 or earlier. In certain census tracts, this number is as high as eighty-five per cent.
Hawaii law provides that any building, structure, object, district, area, or site over fifty years old is considered historic property. Further, current application of historic preservation law requires review by the state historic preservation division of the department of land and natural resources prior to the granting of permits for proposed projects on historic properties. This requirement, in certain instances, has delayed the granting of permits, which has had a negative impact on development. As nearly forty per cent of residential properties on Oahu have reached or are approaching fifty years of age, it is prudent for the State to reexamine the current processes and procedures regarding historic properties.
The purpose of this Act is to clarify the application of the state historic preservation law by:
(1) Exempting residential real property that has not been entered onto or nominated by the owner for entry onto the Hawaii register of historic places from designation as historic property; and
(2) Specifying that residential real property exempt from designation as historic property is further exempt from review for historic preservation purposes by the department of land and natural resources in connection with applications for project or land use permits.
SECTION 2. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:
""Historic property" means any
building, structure, object, district, area, or site, including heiau and
underwater site, [
which] that is over fifty years old[ .] and,
if a private residence, has been entered onto the Hawaii register of historic
places or nominated for entry by the owner of the residence."
SECTION 3. Section 6E-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Before any agency or officer of the
State or its political subdivisions approves any project involving a permit,
license, certificate, land use change, subdivision, or other entitlement for
use, which may affect historic property, aviation artifacts, or a burial site,
the agency or office shall advise the department and prior to any approval
allow the department an opportunity for review and comment on the effect of the
proposed project on historic properties, aviation artifacts, or burial sites,
consistent with section 6E-43, including those listed in the Hawaii register of
.]; provided that nothing in this chapter shall be
construed to require a review by the department for a project on residential
property that has not been entered onto the Hawaii register of historic
places or nominated for entry by the owner of the residential property. For
the purposes of this subsection, "residential property" means real
property that is used or occupied as a place of residence for one or more
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,
the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
DLNR; Historic Preservation; Review; Residential Property
Exempts private residences not on or nominated by the owner to the Hawaii Register of Historic places from designation as historic property and related review by the Department of Land and Natural Resources in connection with project permit or land use applications. Effective July 1, 2050. (HB1678 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.