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SB2015
THE SENATE
S.B. NO.
2015
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:
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SECTION 1.
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The
legislature finds that small lot subdivisions that exist in agricultural
districts within each county may be more appropriately placed within rural
districts.
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Many of these lots were
created for speculative purposes before the enactment of the state land use law
in 1961.
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The legislature further finds that the
counties have an interest in redistricting these lands as they may contain lots
and allow for uses that are nonconforming, or lots of insufficient size to
support commercial agricultural use.
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As
a result, the ability of the counties to ensure the appropriate use of lands
within agricultural districts is inhibited by the need to account for these
nonconforming uses.
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Therefore, the purpose of this Act is to temporarily
allow each county to petition for the redistricting of land from an
agricultural district to a rural district through the land use commission's
declaratory ruling process.
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SECTION 2.
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(a)
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Between July 1, 2027, and June 30, 2030, any
county, by resolution of its county council, may submit a petition to the land
use commission for the redistricting of land from an agricultural district to a
rural district if the following requirements are met:
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(1)
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The
land has been:
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(A)
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Developed
for single-family residences that are currently in the agricultural district;
and
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(B)
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Subdivided
into lots that are no larger than one acre in size;
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(2)
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The
land is part of an existing agricultural subdivision consisting of ten or more
contiguous lots;
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(3)
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A
single-family residence is constructed on each lot, or the lot is part of an
agricultural subdivision intended for single-family residential construction;
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(4)
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The
requirements of chapter 343, Hawaii Revised Statutes, if applicable, are met at
the time of redistricting;
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(5)
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The
redistricting would not adversely affect the ability of any lots included
within the petition or any neighboring lands to be used for agricultural
purposes;
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(6)
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The
area petitioned for redistricting is supported by the applicable county plan;
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(7)
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The
applicable county council provides written notice of the council's public
hearing to each owner of each lot proposed to be included in the petition at
least fifteen days before the hearing; and
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(8)
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The
office of planning and sustainable development
has
reviewed and provided a recommendation on the petition with regard to the
State's interests.
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(b)
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The land use commission shall process petitions under subsection (a) for
declaratory orders within three hundred sixty-five days from a petition being
deemed complete.
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If the land use
commission finds that there is insufficient evidence presented by the
applicable county council or that significant public trust issues are presented
by the petition, the land use commission may deny the petition in whole or in
part.
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(c)
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Lots included in a petition denied by the land use commission may be
considered for inclusion in future county council petitions submitted within
the effective period of subsection (a).
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(d)
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The land use commission shall adopt rules pursuant to chapter 91, Hawaii
Revised Statutes, to implement this Act.
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SECTION 3.
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This Act shall take effect on July 1, 2027, and shall be repealed on
June 30, 2030.
INTRODUCED BY:
_____________________________
Report Title:
LUC;
Counties; Petition; Redistricting; Declaratory Order
Description:
Temporarily
allows each county, by resolution of its county council, to petition for the
redistricting of land from an agricultural district to a rural district through
the Land Use Commission's declaratory ruling process.
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Effective 7/1/2027.
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Sunsets 6/30/2030.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.