HB 2424: Land Use Commission; County Planning Agencies; District Boundary Amendment Petition; Agricultural District; Rural District

A BILL FOR AN ACT

RELATING TO LAND USE.

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

     SECTION 1.  The legislature finds that small lot subdivisions exist in agricultural districts within each county that may be more appropriately placed within the rural district.  Many of these lots were created for speculative purposes before the enactment of the state land use law in 1961.

     The legislature further finds that the counties have an interest in redistricting these lands as they may contain lots and uses that are non-conforming or of insufficient size to support commercial agricultural use.

     Therefore, the purpose of this Act is to allow each of the counties a temporary opportunity to petition the state land use commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district pursuant to the district boundary amendment process.

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

     "§205-     County plan-based district boundary amendment proceeding; reclassification from agricultural to rural; temporary authorization.  (a)  Between July 1, 2026, and December 31, 2028, the applicable planning agency of any county may petition the commission for a district boundary amendment to reclassify land within the agricultural district to the rural district that is consistent with a county's general plan and community development plan land use designations; provided that the following requirements are met:

     (1)  The land has been:

          (A)  Developed, permitted, or intended for single-family residences that are currently in the agricultural district; and

          (B)  Subdivided into lots that are no larger than two acres in size;

     (2)  A residence, as a first or second farm dwelling, has been constructed on each lot, or the lot is part of an agricultural subdivision intended for residential construction as a first or second farm dwelling;

     (3)  The subject land is not designated as important agricultural lands pursuant to section 205-44.5;

     (4)  The requirements of chapter 343, if applicable, are met at the time the petition is made;

     (5)  The district boundary amendment would not adversely affect the ability of neighboring lands to be used for agricultural purposes;

     (6)  The area for which a district boundary amendment is petitioned is supported by the applicable county plan and community development plan land use designations;

     (7)  The applicable county planning agency provides:

          (A)  All affected landowners reasonable notice of the proposed district boundary amendment petition;

          (B)  The public an opportunity to comment on the proposed district boundary amendment petition; and

          (C)  Procedures for notice and public hearing, including at a minimum:  publication of notice of the petition and public hearing in a newspaper of general circulation in the county no less than fourteen days before the hearing; mailed or electronic notice to owners of record of property within a reasonable radius of the subject lands, as determined by county ordinance or rule; at least one public hearing before the applicable county planning agency at which oral and written testimony shall be accepted; and a written decision or recommendation that includes findings of fact and conclusions of law sufficient to permit judicial review; and

     (8)  The office of planning and sustainable development shall appear as a party to proceedings before the commission; provided that at the county level, the office of planning and sustainable development shall be afforded an opportunity to participate and provide advisory comments, data, and recommendations but shall not be required to intervene as a formal party unless otherwise authorized by law or rule.

     (b)  The commission shall process each petition under this section as a petition for a district boundary amendment pursuant to this chapter, including section 205-4, within three hundred sixty-five days from the date the petition is deemed complete by the commission.  If the commission finds that there is insufficient evidence presented by the applicable county planning agency or that significant public trust issues are presented by the petition, the commission may:

     (1)  Deny the petition in whole or in part; or

     (2)  Schedule a contested case hearing on the matter consistent with its administrative rules.

     (c)  The commission shall adopt rules pursuant to chapter 91 to implement this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000, and shall be repealed on December 31, 2028; provided that any petition filed with the land use commission pursuant to this Act on or before December 31, 2028, shall be processed and decided in accordance with this Act as if this Act had not been repealed.

Report Title:

Land Use Commission; County Planning Agencies; District Boundary Amendment Petition; Agricultural District; Rural District

Description:

Between 7/1/2026 and 12/31/2028, authorizes each county planning agency to petition the Land Use Commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the district boundary amendment process.  Repeals 12/31/2028.  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 LAND USE.

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

     SECTION 1.  The legislature finds that small lot subdivisions exist in agricultural districts within each county that may be more appropriately placed within the rural district.  Many of these lots were created for speculative purposes before the enactment of the state land use law in 1961.

     The legislature further finds that the counties have an interest in redistricting these lands as they may contain lots and uses that are non-conforming or of insufficient size to support commercial agricultural use.

     Therefore, the purpose of this Act is to allow each of the counties a temporary opportunity to petition the land use commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.

     SECTION 2.  (a)  Between July 1, 2026, and December 31, 2028, the planning commission of any county may petition the land use commission for a district boundary amendment to reclassify land within the agricultural district to the rural district; provided that the following requirements are met:

     (1)  The land has been:

          (A)  Developed, permitted or intended for single-family residences that are currently in the agricultural district; and

          (B)  Subdivided into lots that are no larger than two acres in size;

     (2)  A residence, as a first or second farm dwelling, is constructed on each lot, or the lot is part of an agricultural subdivision intended for residential construction, as a first or second farm dwelling;

     (3)  The subject land is not designated as important agricultural lands pursuant to section 205-44.5, Hawaii Revised Statutes;

     (4)  The requirements of chapter 343, Hawaii Revised Statutes, if applicable, are met at the time the petition is made;

     (5)  The district boundary amendment would not adversely affect the ability of neighboring lands to be used for agricultural purposes;

     (6)  The area for which a district boundary amendment is petitioned is supported by the applicable county plan;

     (7)  The applicable county planning commission provides:

          (A)  All affected landowners reasonable notice of the proposed district boundary amendment petition;

          (B)  The public an opportunity to comment on the proposed district boundary amendment petition; and

          (C)  Notice and an opportunity, including at a minimum: publication of notice of the petition and public hearing in a newspaper of general circulation in the county not less than fourteen days prior to the hearing; mailed or electronic notice to owners of record of property within a reasonable radius of the subject lands, as determined by county ordinance or rule; at least one public hearing before the applicable county planning commission at which oral and written testimony shall be accepted; and a written decision or recommendation that includes findings of fact and conclusions of law sufficient to permit judicial review; and

     (8)  The office of planning and sustainable development shall appear as a party to proceedings before the land use commission; provided that at the county level, the office of planning and sustainable development shall be afforded an opportunity to participate and provide advisory comments, data, and recommendations but shall not be required to intervene as a formal party unless otherwise authorized by law or rule.

     (b)  The land use commission shall process each petition under subsection (a) as a petition for a declaratory order, pursuant to section 91-8, Hawaii Revised Statutes, for a district boundary amendment of the subject land, within three hundred sixty-five days from the date the petition is deemed complete by the land use commission.  If the land use commission finds that there is insufficient evidence presented by the applicable county planning commission or that significant public trust issues are presented by the petition, the land use commission may:

     (1)  Deny the petition in whole or in part; or

     (2)  Schedule a contested case hearing on the matter consistent with its administrative rules.

     (c)  The land use commission shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act.

     SECTION 3.  This Act shall take effect on July 1, 3000, and shall be repealed on December 31, 2028.

Report Title:

Land Use Commission; County Planning Commissions; District Boundary Amendment Petition; Agricultural District; Rural District

Description:

Between 7/1/2026 and 12/31/2028, authorizes each county planning commission to petition the Land Use Commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.  Repeals 12/31/2028.  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 land use.

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

     SECTION 1.  The legislature finds that small lot subdivisions exist in agricultural districts within each county that may be more appropriately placed within the rural district.  Many of these lots were created for speculative purposes before the enactment of the state land use law in 1961.

     The legislature further finds that the counties have an interest in redistricting these lands as they may contain lots and uses that are non-conforming or of insufficient size to support commercial agricultural use.

     Therefore, the purpose of this Act is to allow each of the counties a temporary opportunity to petition the land use commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.

     SECTION 2.  Section 165-1, Hawaii Revised Statutes, is amended to read as follows:

     "§165-1  Findings and purpose.  The legislature finds that [when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits] existing or proposed agricultural land uses occurring on former sugar cane lands are subject to permitting requirements that may be appropriate for activities in pristine ecosystems but are unnecessary for former cane lands.  The requirements are often so burdensome and costly that they may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture.  The legislature also finds that under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy."  Accordingly, it is the purpose of this chapter to reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance."

     SECTION 3.  (a)  Between July 1, 2026, and December 31, 2028, the planning commission of any county may petition the land use commission for a district boundary amendment to reclassify land within the agricultural district to the rural district; provided that the following requirements are met:

     (1)  The land has been:

          (A)  Developed, permitted or intended for single-family residences that are currently in the agricultural district; and

          (B)  Subdivided into lots that are no larger than two acres in size;

     (2)  The land is part of an existing agricultural subdivision consisting of more than twenty subdivided lots;

     (3)  A single-family residence is constructed on each lot, or the lot is part of an agricultural subdivision intended for single-family residential construction;

     (4)  The requirements of chapter 343, Hawaii Revised Statutes, if applicable, are met at the time the petition is made;

     (5)  The district boundary amendment would not adversely affect the ability of neighboring lands to be used for agricultural purposes;

     (6)  The area for which a district boundary amendment is petitioned is supported by the applicable county plan;

     (7)  The applicable county planning commission provides:

          (A)  All affected landowners reasonable notice of the proposed district boundary amendment petition;

          (B)  The public an opportunity to comment on the proposed district boundary amendment petition; and

          (C)  Required due process for district boundary amendments under constitutional and statutory law; and

     (8)  The office of planning and sustainable development shall in every case appear as a party, at both the state and county levels, and make recommendations to address state interests and public trust issues.

     (b)  The land use commission shall process each petition under subsection (a) as a petition for a declaratory order, pursuant to section 91-8, Hawaii Revised Statutes, for a district boundary amendment of the subject land, within three hundred sixty-five days from the date the petition is deemed complete by the land use commission.  If the land use commission finds that there is insufficient evidence presented by the applicable county planning commission or that significant public trust issues are presented by the petition, the land use commission may:

     (1)  Deny the petition in whole or in part; or

     (2)  Schedule a contested case hearing on the matter consistent with its administrative rules.

     (c)  The land use commission shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5. This Act shall take effect on July 1, 2026, and shall be repealed on December 31, 2028.

Report Title:

Land Use Commission; County Planning Commissions; District Boundary Amendment Petition; Agricultural District; Rural District

Description:

Between 7/1/2026 and 12/31/2028, authorizes each county planning commission to petition the Land Use Commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.

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.  1188-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2424

      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. 2424, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this measure is to, between July 1, 2026, and December 31, 2028, authorize each county planning commission to petition the Land Use Commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.

     Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council and Hawaii Food+ Policy.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity; Office of Planning and Sustainable Development; and Hawaiʻi Farm Bureau.

     Your Committee finds that many small lot subdivisions within the agricultural district contain lots too small or ill-suited to support commercial agriculture, resulting in ongoing land use conflicts and regulatory uncertainty.  Your Committee further finds that these long-standing nonconformities complicate county planning efforts and create confusion for property owners whose lands functionally operate as rural neighborhoods despite being zoned for agriculture.  Your Committee believes that providing a temporary, structured process for counties to seek reclassification of these areas will help align land use designations with existing conditions while protecting agricultural lands that remain viable.

     Your Committee has amended this measure by:

     (1)  Replacing the use of the Land Use Commission's declaratory ruling process with a county plan-based district boundary amendment process under Land Use Commission laws;

     (2)  Requiring consistency with applicable county general plans and community development plan land use designations;

     (3)  Clarifying that any petitions filed with the Land Use Commission on or before December 31, 2028, shall continue to be processed and decided after the measure is repealed; and

     (4)  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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2424, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2424, H.D. 2.

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

STAND. COM. REP. NO.  709-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2424

      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. 2424 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to authorize, between July 1, 2026, and December 31, 2028, each county planning commission to petition the Land Use Commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.

     Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council.  Your Committee received testimony in opposition to this measure from the Sierra Club of Hawaiʻi.  Your Committee received comments on this measure from the Department of the Attorney General; Department of Agriculture and Biosecurity; Office of Planning and Sustainable Development; Land Use Commission; and Hawaiʻi Farm Bureau.

     Your Committee finds that this measure seeks to address a narrow yet longstanding land-use issue involving legacy subdivisions within the agricultural district created decades ago, often consisting of small residential lots that were never viable for bona fide agricultural use.  These situations can create ongoing enforcement challenges, land use uncertainty, and conflicts between residential uses and nearby agricultural operations.  Your Committee also finds that this measure adopts a temporary and targeted approach, including by continuing to involve the Land Use Commission.

     Your Committee has amended this measure by:

     (1)  Deleting the amendment to the findings and purpose section of Chapter 165, Hawaii Revised Statutes (Hawaii Right to Farm Act);

     (2)  Clarifying that with respect to land that is sought to be reclassified, a residence, as a first or second farm dwelling, is constructed on each lot, or the lot is part of an agricultural subdivision intended for residential construction, as a first or second farm dwelling;

     (3)  Excluding Important Agricultural Lands from its scope;

     (4)  Detailing requirements for public notification; at least one public hearing; and a written decision or recommendation that includes findings of fact and conclusions of law sufficient to permit judicial review;

     (5)  Instead of requiring the Office of Planning and Sustainable Development to appear in every case as a party at both the state and county levels, allowing the Office of Planning and Sustainable Development, at the county level, to participate and provide advisory comments, data, and recommendations but not requiring it to intervene as a formal party unless otherwise authorized by law or rule;

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

     (7)  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. 2424, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2424, 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,