HB 1844: LUC; Counties; County Plans; State Land Use Urban District Boundaries; Reclassification

A BILL FOR AN ACT

RELATING TO THE LAND USE COMMISSION.

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

     SECTION 1.  The legislature finds that the State and counties have separate systems of land use regulations.  This dual framework creates delays and adds to the cost of affordable housing development.

     Accordingly, the purpose of this Act is to support the development of affordable housing by requiring the land use commission, at the request of a county, to reclassify lands designated for urban growth under a county general or development plan as being in the urban state land use district.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§205-     Amendments to urban district boundaries based on county general plan or county development plan.  (a)  Upon the request of a county and subject to the requirements of this section, the commission shall process the request in accordance with the requirements of chapter 91 and shall reclassify lands not in the urban district but designated for urban growth under a county general plan or county development plan pursuant to section 226-58, if the commission determines that the requirements of this part have been satisfied.  Any data gathered or studies completed by any department or agency of a county as part of the plan may be submitted as supplemental materials to the commission and shall be considered by the commission in determining whether to approve, deny, or modify the request.

     (b)  To implement the reclassification of lands described in this section, the county shall submit to the commission a request to amend the urban district boundary that includes a description and a metes and bounds map of the affected property.

     (c)  After receiving the request submitted by the county pursuant to subsections (a) and (b), the commission shall:

     (1)  Update the boundary lines between land use districts on the United States Geological Survey quadrangle maps filed at the commission pursuant to the notice from the county; and

     (2)  Notify the county that the quadrangle maps filed at the commission have been updated in response to the request.

     (d)  An amendment made to state land use district boundaries pursuant to this section shall become effective on the day that the commission notifies the county that the quadrangle maps filed at the commission have been updated.

     (e)  This section shall not apply to any actions taken by the commission pursuant to part III or to lands designated as important agricultural lands pursuant to section 205-44.

     (f)  The commission shall adopt rules in accordance with chapter 91 to implement this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

LUC; Counties; County Plans; State Land Use Urban District Boundaries; Reclassification

Description:

Except for Important Agricultural Lands, requires the Land Use Commission to reclassify lands that are designated for urban growth under a county general plan or county development plan as being in the urban district at the request of the county, subject to certain conditions.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO THE LAND USE COMMISSION.

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

     SECTION 1.  The legislature finds that the State and counties have separate systems of land use regulations.  This dual framework creates delays and adds to the cost of affordable housing development.

     Accordingly, the purpose of this Act is to support the development of affordable housing by requiring the land use commission, at the request of a county, to reclassify lands designated for urban growth under a county general or development plan as being in the urban state land use district.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§205-     Amendments to urban district boundaries based on county general plan or county development plan.  (a)  Notwithstanding sections 205-3.1 and 205-4, upon the request of a county, the commission shall reclassify lands not in the urban district, but that are designated for urban growth under a county general plan or county development plan pursuant to section 226-58, as being in the urban district; provided that the requisite analyses are completed and all applicable requirements under this part are met before a request is submitted to the commission.  Any data gathered or studies completed as part of a boundary amendment request by any department or agency of a county may be submitted as supplemental materials to the request to the commission, and any such supplemental materials submitted shall be considered by the commission in determining whether to approve, deny, or modify the request.

     (b)  To implement the reclassification of lands described in this section, the county shall submit to the commission a request to amend the urban district boundary that includes a description and a metes and bounds map of the affected property.

     (c)  After receiving the request submitted by the county pursuant to subsections (a) and (b), the commission shall:

     (1)  Update the boundary lines between land use districts on the United States Geological Survey quadrangle maps filed at the commission pursuant to the notice from the county; and

     (2)  Notify the county that the quadrangle maps filed at the commission have been updated in response to the request.

     (d)  An amendment made to state land use district boundaries pursuant to this section shall become effective on the day that the commission notifies the county that the quadrangle maps filed at the commission have been updated.

     (e)  This section shall not apply to any actions taken by the commission pursuant to part III of this chapter.

     (f)  The commission shall adopt rules in accordance with chapter 91 to implement this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

LUC; Counties; County General Plan; State Land Use Urban District Boundaries; Reclassification

Description:

Except for Important Agricultural Lands, requires the Land Use Commission to reclassify lands that are designated for urban growth under a county general plan or county development plan as being in the urban district at the request of the county, subject to certain conditions.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to the land use commission.

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

     SECTION 1.  The legislature finds that the State and counties have separate systems of land use regulations.  This dual framework creates delays and adds to the cost of affordable housing development.

     Accordingly, the purpose of this Act is to expedite the development of affordable housing by requiring the land use commission, at the request of a county, to reclassify lands designated for urban growth under a county general or development plan as being in the urban state land use district.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§205-     Amendments to urban district boundaries based on county general plan or county development plan.  (a)  Notwithstanding sections 205-3.1 and 205-4, upon request of a county, the commission shall reclassify lands not in the urban district, but that are designated for urban growth under a county general plan or county development plan pursuant to section 226-58, as being in the urban district; provided that the requisite analyses are completed before a request is submitted to the commission.

     (b)  To implement the reclassification of lands described in this section, the county shall submit to the commission a request to amend the urban district boundary that includes a description and a metes and bounds map of the affected property.  Within ninety days of receipt of the request, the commission shall:

     (1)  Update the boundary lines between land use districts on the United States Geological Survey quadrangle maps filed at the commission pursuant to the notice from the county; and

     (2)  Notify the county that the quadrangle maps filed at the commission have been updated in response to the request.

     (c)  An amendment made to state land use district boundaries pursuant to this section shall become effective on the day that the commission notifies the county that the quadrangle maps filed at the commission have been updated.

     (d)  The commission shall adopt rules in accordance with chapter 91 to implement this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

LUC; Counties; County General Plan; State Land Use Urban District Boundaries; Reclassification

Description:

Requires the Land Use Commission to reclassify lands that are designated for urban growth under a county general plan or county development plan as being in the urban district at the request of the county.

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

STAND. COM. REP. NO.  1192-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1844

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1844, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

begs leave to report as follows:

     The purpose of this measure is to require the Land Use Commission, at the request of a county, to reclassify lands that are designated for urban growth under a county general plan or county development plan, except for Important Agricultural Lands, as being in the urban district.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii; Avalon Development; Housing Hawaiʻi's Future; NAIOP Hawaii; and one individual.  Your Committee received testimony in opposition to this measure from one member of the Maui County Council; Sierra Club of Hawaiʻi; Hawaii Reef and Ocean Coalition; Climate Protectors Hawaii; Environmental Caucus of the Democratic Party of Hawaiʻi; Kupuna for the Moʻopuna; Shimanchu Mamuyaa; Hawaiʻi Alliance for Progressive Action; Kauai Climate Action Coalition; Green Party of Hawaiʻi; Hanalei Watershed Hui; and numerous individuals.  Your Committee received comments on this measure from the Department of the Attorney General; Land Use Commission; and Hawaiʻi Farm Bureau.

     Your Committee finds that affordable housing development faces long delays and increasing costs because of the dual framework created by the separate systems of land use regulations by the State and counties.  Your Committee finds that this measure will accelerate the development of housing infrastructure by providing a means to align lands designated for urban growth by the counties with the urban district classification designated by the Land Use Commission.

     Your Committee has amended this measure by:

     (1)  Clarifying that a request for a boundary amendment shall be processed in a manner that includes procedural due process and public participation;

     (2)  Explicitly exempting lands designated as important agricultural lands from the reclassification of lands that are designated for urban growth under a county general plan or county development plan; and

     (3)  Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1844, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1844, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  456-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1844

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1844 entitled:

"A BILL FOR AN ACT RELATING TO THE LAND USE COMMISSION,"

begs leave to report as follows:

     The purpose of this measure is to require the Land Use Commission, at the request of a county, to reclassify lands that are designated for urban growth under a county general plan or county development plan as being in the urban district.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii and one individual.  Your Committee received testimony in opposition to this measure from the Moanalua Gardens Foundation; Sierra Club of Hawaiʻi; Green Party of Hawaiʻi; Hawaiʻi Alliance for Progressive Action; Free Access Coalition; Kauai Climate Action Coalition; and numerous individuals.  Your Committee received comments on this measure from the Department of the Attorney General and Hawaiʻi Farm Bureau.

Your Committee finds that the time and cost required to construct new housing can be substantially increased by multiple layers of bureaucratic approvals.  Your Committee further finds that this measure adopts a tailored approach that would maintain protections for Hawaii's rural and agricultural areas by specifying that the proposed process would apply only to lands that counties have already identified for future urban development.

     Your Committee has amended this measure by:

     (1)  Requiring a county to also meet all other applicable requirements before submitting its land-reclassification request;

     (2)  Allowing county agencies to submit certain supplemental materials to their requests to the Land Use Commission, and requiring the Commission to consider these materials in determining whether to approve, deny, or modify the request;

     (3)  Not requiring the Land Use Commission to take action on a county's land-reclassification request within ninety days of receipt of the request;

     (4)  Clarifying that this measure does not apply to Important Agricultural Lands;

     (5)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1844, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1844, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,