SB 2015: LUC; Counties; Petition; Redistricting; Declaratory Order

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 that exist in agricultural districts within each county may be more appropriately placed within rural districts.  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 allow for uses that are nonconforming, or lots of insufficient size to support commercial agricultural use.  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.

     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.

     SECTION 2.  (a)  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:

     (1)  The land has been:

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

          (B)  Subdivided into lots that are no larger than one acre in size;

     (2)  The land is part of an existing agricultural subdivision consisting of ten or more contiguous 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 of redistricting;

     (5)  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;

     (6)  The area petitioned for redistricting is supported by the applicable county plan;

     (7)  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

     (8)  The office of planning and sustainable development has reviewed and provided a recommendation on the petition with regard to the State's interests.

     (b)  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.  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.

     (c)  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).

     (d)  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, 2027, and shall be repealed on June 30, 2030.

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.  Effective 7/1/2027.  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.