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HB1738 • 2026

RELATING TO LAND USE DECISION-MAKING.

RELATING TO LAND USE DECISION-MAKING.

Housing
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
EVSLIN, ILAGAN, KUSCH, LEE, M., MATSUMOTO, MIYAKE, OLDS, REYES ODA, SOUZA, TARNAS
Last action
2026-03-19
Official status
The committee on HOU deferred the measure.
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide details on the exact process of how changes are made or specific requirements beyond the types of housing allowed.

Rules for Changing Land District Boundaries

This bill allows counties to change land district boundaries up to 25 acres for specific types of housing.

What This Bill Does

  • Authorizes counties to amend district boundaries involving land areas greater than fifteen but no more than twenty-five acres for residential, agricultural workforce, long-term rental, or workforce fee simple ownership purposes.

Who It Names or Affects

  • Counties in Hawaii
  • People who own property within the affected districts

Terms To Know

District boundaries
The lines that define different areas of land for specific uses, like residential or agricultural.
Workforce fee simple ownership
A type of housing where people own their homes outright and can live there long-term without renting.

Limits and Unknowns

  • The bill only applies to land areas between fifteen and twenty-five acres.
  • It does not change rules for larger or smaller land areas.
  • The exact date when the changes will take effect is set for July 1, 2026.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

1

Hawaii published version HD1

Plain English: This amendment allows counties to change district boundaries for land areas between fifteen and twenty-five acres if the changes are for residential housing, agricultural workforce housing, long-term rental, or workforce fee simple ownership.

  • Counties can now amend district boundaries for lands between fifteen and twenty-five acres for specific uses like residential housing, agricultural workforce housing, long-term rental, or workforce fee simple ownership without needing approval from the land use commission.
  • The amendment specifies that these changes must be immediately adjacent to urban districts, not on important agricultural lands, and consistent with county comprehensive general plans adopted within the last twenty years.
  • This amendment only applies to specific types of housing and does not cover all land use decisions.
  • The effective date is set for July 1, 3000, which seems unusual and may be a placeholder or error in the text provided.
HD2

3

Hawaii published version HD2

Plain English: This amendment allows counties to change district boundaries for land areas between fifteen and twenty-five acres if the changes are for affordable residential housing, agricultural workforce housing, long-term rental housing, or workforce fee simple ownership.

  • Counties can now amend district boundaries for lands between fifteen and twenty-five acres for specific types of housing without needing approval from the state land use commission.
  • The amendment specifies that these changes must be immediately adjacent to urban districts, not on important agricultural lands, and identified in county comprehensive general plans.
  • The effective date of July 1, 3000, is likely a placeholder or error since it is far into the future.
  • Some parts of the amendment text are bracketed and stricken, indicating material to be repealed, but without clear context on what exactly will be removed.

Bill History

  1. 2026-03-19 S

    The committee on HOU deferred the measure.

  2. 2026-03-19 S

    The committee on EIG deferred the measure.

  3. 2026-03-19 S

    The committee on WLA deferred the measure.

  4. 2026-03-16 S

    The committee(s) on WLA/EIG/HOU has scheduled a public hearing on 03-19-26 3:01PM; Conference Room 224 & Videoconference.

  5. 2026-03-12 S

    Referred to WLA/EIG/HOU, JDC.

  6. 2026-03-12 S

    Passed First Reading.

  7. 2026-03-12 S

    Received from House (Hse. Com. No. 277).

  8. 2026-03-10 H

    Passed Third Reading as amended in HD 2 with Representative(s) Amato, Cochran, Garcia voting aye with reservations; Representative(s) Grandinetti, Iwamoto, Marten, Perruso, Poepoe voting no (5) and none excused (0). Transmitted to Senate.

  9. 2026-03-06 H

    Forty-eight (48) hours notice Tuesday, 03-10-26.

  10. 2026-03-06 H

    Reported from JHA (Stand. Com. Rep. No. 1197-26) as amended in HD 2, recommending passage on Third Reading.

  11. 2026-02-26 H

    The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Hashem, Kahaloa, Sayama, Takayama, Shimizu; Ayes with reservations: Representative(s) Garcia; 1 Noes: Representative(s) Poepoe; and 2 Excused: Representative(s) Belatti, Cochran.

  12. 2026-02-24 H

    Bill scheduled to be heard by JHA on Thursday, 02-26-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.

  13. 2026-02-19 H

    Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Cochran, Poepoe voting aye with reservations; none voting no (0) and none excused (0).

  14. 2026-02-19 H

    Reported from HSG/WAL (Stand. Com. Rep. No. 579-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

  15. 2026-02-06 H

    The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Poepoe, Souza; Ayes with reservations: Representative(s) Iwamoto, Shimizu; Noes: none; and 1 Excused: Representative(s) Woodson.

  16. 2026-02-06 H

    The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Evslin, Miyake, Kila, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: Representative(s) Cochran, Grandinetti; Noes: none; and Excused: none.

  17. 2026-02-03 H

    Bill scheduled to be heard by HSG/WAL on Friday, 02-06-26 8:45AM in House conference room 430 VIA VIDEOCONFERENCE.

  18. 2026-01-26 H

    Referred to HSG/WAL, JHA, referral sheet 1

  19. 2026-01-21 H

    Introduced and Pass First Reading.

  20. 2026-01-20 H

    Prefiled.

Official Summary Text

RELATING TO LAND USE DECISION-MAKING.
Land Use Decision-Making; County Decision-Making; District Boundaries; Housing
Authorizes counties to amend district boundaries involving land areas of greater than fifteen but no more than twenty-five acres for purposes of residential housing, agricultural workforce housing, long-term rental housing, or workforce fee simple ownership. Effective 7/1/3000. (HD2)

Current Bill Text

Read the full stored bill text
HB1738

HOUSE OF REPRESENTATIVES

H.B. NO.

1738

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to land use decision-making
.

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

����
SECTION
1
.
�
Section 205-3.1, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�205-3.1
�

Amendments to district boundaries.
�

(a)
�
District boundary amendments
involving lands in the conservation district, land areas greater than fifteen
acres, or lands delineated as important agricultural lands shall be processed
by the land use commission pursuant to section 205-4.

����
(b)
�
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 presently in the rural and urban districts and lands
less than fifteen acres in the agricultural district that are not designated as
important agricultural lands.

����
(c)
�
District boundary amendments involving land
areas of fifteen acres or less, except as provided in subsection (b), 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
]
the
boundary
amendments and approved uses are consistent with this chapter.
�
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.
�
Appropriate
ordinances and rules to allow consolidation of [
such
]
the

proceedings may be developed by the county land use decision-making authority.

����
(d)
�
District boundary amendments involving land
areas of twenty-five acres or less exclusively for purposes of residential
housing, agricultural workforce housing, long-term rental, or workforce fee
simple ownership 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 the boundary
amendments and approved uses are consistent with this chapter and the project
area is:

����
(1)
�
Immediately adjacent to the urban
district and not including the conservation district;

����
(2)
�
Not important agricultural lands;

����
(3)
�
On lands with soils classified by
the land study bureau's detailed land classification as overall (master)
productivity rating class C, D, E, or U if within the agricultural district;
and

����
(4)
�
Identified on planning maps for only
residential use in a county comprehensive general plan adopted no earlier than twenty
years prior to application by the respective county council pursuant to section
46-4.

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 other proceedings.

����
[
(d)
]

(e)
�
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.
�
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.
�

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."

����
SECTION 2.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

����
SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

����
SECTION 4.
�

This Act shall take effect on July 1, 2026.

INTRODUCED
BY:

_____________________________

Report Title:

Land Use
Decision-Making; Housing

Description:

Provides the
authority for counties to amend district boundaries up to 25 acres for purposes
of residential housing, agricultural workforce housing, long-term rental, or
workforce fee simple ownership.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.