SB 2007: Land Use Decision-Making; Housing

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.

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.