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HB1015
HOUSE OF REPRESENTATIVES
H.B. NO.
1015
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating to Land Use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The office
of planning and sustainable development's 2022 State Land Use Review of Districts
confirmed that 65,792 acres or approximately 1.6 per cent of the total lands in
the State are situated within county-designated urban growth areas but are not classified
as state urban district.
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This discrepancy
is primarily due to the incongruence between the county long-range land use planning
process and the State's land use process.
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U
nder the authority set forth in chapters 46 and 226, Hawaii Revised
Statutes, the counties prepare general plans and community development plans that
provide a long-range vision to guide the growth and development of their individual
counties.
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These plans are adopted after extensive
local community and stakeholder input in the preparation of the plans.
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The county quasi-legislative
long-range planning processes are different from the contested case district boundary
amendment processes, but each process reaches a similar goal, i.e., identifying
land for its appropriate use.
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Allowing the
counties to reclassify state land use district boundaries to conform to their established
general and community development plans would streamline development, including
housing production, in areas where the counties can and wish to support growth,
as well as protect areas that are intended for agricultural purposes.
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The purpose of this Act is to allow the county
land use decision-making authorities to process district boundary amendments to
align state land use district boundaries with conforming land use designations contained
in adopted county land use plans.
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SECTION 2.
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Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:
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"
�205-3.1
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Amendments to district boundaries.
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(a)
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District
boundary amendments involving lands in the conservation district, land areas greater
than fifteen acres[
,
]
except as provided in subsection (c),
or lands
delineated as important agricultural lands shall be processed by the land use commission
pursuant to section 205-4.
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(b)
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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
]
land areas of
fifteen acres or less
presently in the rural and urban districts [
and lands
less than fifteen acres
]
or land areas of fifteen acres or less
in the
agricultural district that are not designated as important agricultural lands.
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(c)
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Any county planning agency of the county in which the land is situated may
petition the appropriate county land use decision-making authority for a change
in the boundary of a district involving lands greater than fifteen acres so as to
conform with the county's general plan or development plan.
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[
(c)
]
(d)
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District boundary amendments involving land areas
of fifteen acres or less, except as provided in subsection (b),
or intiated by
the county planning agency to conform with the county's general plan or development
plan pursuant to subsection (c),
shall be determined by the appropriate county
land use decision-making authority for the district and shall not require consideration
by the land use commission pursuant to section 205-4; provided that such boundary
amendments and approved uses are consistent with this chapter.
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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.
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Appropriate ordinances and rules to allow consolidation
of such proceedings may be developed by the county land use decision-making authority.
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[
(d)
]
(e)
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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.
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A change in the state land use district boundaries
pursuant to this subsection shall become effective on the day designated by the
county land use decision-making authority in its decision.
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Within sixty days of the effective date of any
decision to amend 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 and the department of business, economic
development, and tourism by the county planning director."
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SECTION 3.
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Statutory material to be repealed is bracketed
and stricken.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Land Use; Land Use District Boundary Amendments
Description:
Authorizes county petition process for review and approval
of land use district boundary amendments based on adopted county general plans or
county development plans.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.