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HB1848
HOUSE OF REPRESENTATIVES
H.B. NO.
1848
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to land use
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 205-4, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�205-4
�
Amendments to district boundaries involving land areas greater than
fifteen acres.
�
(a)
�
Any department or agency of the State, any
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 land use commission for a change in the boundary of a district.
�
This section applies to all petitions for
changes in district boundaries of lands within conservation districts, lands
designated or sought to be designated as important agricultural lands, and
lands greater than fifteen acres in the agricultural, rural, and urban
districts, except as provided in section 201H‑38.
�
The land use commission shall adopt rules
pursuant to chapter 91 to implement section 201H-38.
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(b)
�
Upon proper filing of a petition pursuant to
subsection (a) the commission shall, within not less than sixty and not more
than one hundred and eighty days, conduct a hearing on the appropriate island
in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and
91-13, as applicable.
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(c)
�
Prior to the filing of any petition for a district
boundary amendment, the petitioner shall receive certification from the commission
on water resources management that sufficient water is available for the
project needs without causing harm to the relevant aquifers and submit that
certification to the commission.
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[
(c)
]
(d)
�
Any other provision of law to
the contrary notwithstanding, notice of the hearing together with a copy of the
petition shall be served on the county planning commission and the county
planning department of the county in which the land is located and all persons
with a property interest in the land as recorded in the county's real property
tax records.
�
In addition, notice of the
hearing shall be mailed to all persons who have made a timely written request
for advance notice of boundary amendment proceedings, and public notice shall
be given at least once in the county in which the land sought to be
redistricted is situated as well as once statewide at least thirty days in
advance of the hearing.
�
The notice shall
comply with section 91-9, shall indicate the time and place that maps showing
the proposed district boundary may be inspected, and further shall inform all
interested persons of their rights under subsection [
(e)
]
(f)
.
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[
(d)
]
(e)
�
Any other provisions of law
to the contrary notwithstanding, prior to hearing of a petition the commission
and its staff may view and inspect any land [
which
]
that
is the
subject of the petition.
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[
(e)
]
(f)
�
Any other provisions of law
to the contrary notwithstanding, agencies and persons may intervene in the
proceedings in accordance with this subsection.
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(1)
�
The petitioner, the office of planning and
sustainable development, and the county planning department shall in every case
appear as parties and make recommendations relative to the proposed boundary
change;
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(2)
�
All departments and agencies of the State and
of the county in which the land is situated shall be admitted as parties upon
timely application for intervention;
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(3)
�
All persons who have some property interest in
the land, who lawfully reside on the land, or who otherwise can demonstrate
that they will be so directly and immediately affected by the proposed change
that their interest in the proceeding is clearly distinguishable from that of
the general public shall be admitted as parties upon timely application for
intervention;
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(4)
�
All other persons may apply to the commission
for leave to intervene as parties.
�
Leave
to intervene shall be freely granted; provided that the commission or its
hearing officer, if one is appointed, may deny an application to intervene when
in the commission's or hearing officer's sound discretion it appears that:
���������
(A)
�
The position of the applicant for intervention
concerning the proposed change is substantially the same as the position of a
party already admitted to the proceeding; and
���������
(B)
�
The admission of additional parties will
render the proceedings inefficient and unmanageable.
���������
A person
whose application to intervene is denied may appeal the denial to the circuit
court pursuant to section 91-14; and
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(5)
�
The commission, pursuant to chapter 91, shall
adopt rules governing the intervention of agencies and persons under this
subsection.
�
The rules shall without
limitation establish:
���������
(A)
�
The information to be set forth in any
application for intervention;
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(B)
�
The limits within which applications shall be
filed; and
���������
(C)
�
Reasonable filing fees to accompany applications.
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[
(f)
]
(g)
�
Together with other witnesses
that the commission may desire to hear at the hearing, it shall allow a
representative of a citizen or a community group to testify who indicates a
desire to express the view of [
such
]
the
citizen or community
group concerning the proposed boundary change.
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[
(g)
]
(h)
�
Within a period of not more
than three hundred sixty-five days after the proper filing of a petition,
unless otherwise ordered by a court, or unless a time extension, which shall
not exceed ninety days, is established by a two-thirds vote of the members of
the commission, the commission, by filing findings of fact and conclusions of
law, shall act to approve the petition, deny the petition, or to modify the
petition by imposing conditions necessary to uphold the intent and spirit of
this chapter or the policies and criteria established pursuant to section
205-17 or to assure substantial compliance with representations made by the
petitioner in seeking a boundary change.
�
The commission may provide by condition that absent substantial
commencement of use of the land in accordance with [
such
]
the
representations, the commission shall issue and serve upon the party bound by
the condition an order to show cause why the property should not revert to its
former land use classification or be changed to a more appropriate
classification.
�
[
Such
]
The
conditions, if any, shall run with the land and be recorded in the bureau of
conveyances.
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[
(h)
]
(i)
�
No amendment of a land use
district boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 and part III of this chapter, and consistent with
the policies and criteria established pursuant to sections 205-16 and
205-17.
�
Six affirmative votes of the
commission shall be necessary for any boundary amendment under this section.
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[
(i)
]
(j)
�
Parties to proceedings to
amend land use district boundaries may obtain judicial review thereof in the
manner set forth in section 91-14, provided that the court may also reverse or
modify a finding of the commission if [
such
]
that
finding appears
to be contrary to the clear preponderance of the evidence.
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[
(j)
]
(k)
�
At the hearing, all parties
may enter into appropriate stipulations as to findings of fact, conclusions of
law, and conditions of reclassification concerning the proposed boundary
change.
�
The commission may but shall not
be required to approve [
such
] stipulations based on the evidence
adduced."
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SECTION
2.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 3.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Land Use
Commission; Commission on Water Resources Management; District Boundary
Amendment
Description:
Requires
any petitioner for a district boundary amendment to obtain certification from
the Commission on Water Resources Management that enough water is available for
the project needs without causing harm to the relevant aquifers and provide
that certification to the Land Use Commission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.