THE SENATE

S.B. NO.

201

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to residential property.

 

 

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

 


SECTION 1. The legislature finds that according to the United States Census Bureau and the department of business, economic development, and tourism, nearly forty per cent of private residences on Oahu were built during or before 1969. In certain census tracts, this number is as high as eighty-five per cent.

The legislature further finds that any building, structure, object, district, area, or site over fifty years old is considered historic property in Hawaii. 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 for a period of many months, resulting in a negative impact on the construction industry. As nearly forty per cent of private residences 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:

(1) Except from the definition of historic property any private residence that has not been entered, or nominated by the owner of the residence for entry, onto the Hawaii register of historic places; and

(2) Clarify that nothing in section 6E-10, Hawaii Revised Statutes, shall be construed to require a review by the department of land and natural resources for a project on a private residence that has not been entered, or nominated by the owner for entry, onto the Hawaii register of historic places.

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[.]; provided that historic property shall not include any private residence that has not been entered, or nominated by the owner of the residence for entry, onto the Hawaii register of historic places."

SECTION 3. Section 6E-10, Hawaii Revised Statutes, is amended to read as follows:

"6E-10 Privately owned historic property. (a) Before any construction, alteration, disposition or improvement of any nature, by, for, or permitted by a private landowner may be commenced [which] that will affect an historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department opportunity for review of the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced, or in the event it has already begun, continue, until the department shall have given its concurrence or ninety days have elapsed. Within ninety days after notification, the department shall:

(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;

(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or

(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.

(b) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any feature in or on an historic property that does not involve a change in design, material, or outer appearance or change in those characteristics [which] that qualified the historic property for entry onto the Hawaii register of historic places.

(c) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.

(d) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.

(e) The department may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. Whenever any member of the department duly authorized to conduct investigations and surveys of an historic or cultural nature determines that entry onto private lands for examination or survey of historic or cultural finding is required, the department shall give written notice of the finding to the owner or occupant of [such] the property at least five days prior to entry. If entry is refused, the member may make a complaint to the district environmental court in the circuit in which [such] the land is located. The district environmental court may thereupon issue a warrant, directed to any police officer of the circuit, commanding the officer to take sufficient aid, and, being accompanied by a member of the department, between the hours of sunrise and sunset, allow the member of the department to examine or survey the historic or cultural property.

(f) Nothing in this section shall be construed to require a review by the department for a project on a private residence that has not been entered, or nominated by the owner of the residence for entry, onto the Hawaii register of historic places."

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, 2019.

 

INTRODUCED BY:

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Report Title:

DLNR; Historic Preservation; Review; Private Residence

 

Description:

Excepts from the definition of historic property any private residence that has not been entered, or nominated by the owner of the residence for entry, onto the Hawaii register of historic places. Clarifies that nothing in section 6E-10, Hawaii Revised Statutes, shall be construed to require review by the department of land and natural resources for a project on a private residence fifty or more years old that has not been entered, or nominated by the owner of the residence for entry, onto the Hawaii register of historic places.

 

 

 

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