SB 3231: Counties; Agricultural Districts; Condominium Property Regimes; Registration; Application

A BILL FOR AN ACT

RELATING TO AGRICULTURAL DISTRICTS.

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

     SECTION 1.  Section 514B-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A condominium map shall be recorded with the declaration.  The condominium map shall contain the following:

     (1)  A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road;

     (2)  Elevations and floor plans of all buildings in the condominium property regime;

     (3)  The layout, location, boundaries, unit numbers, and dimensions of the units;

     (4)  To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime;

     (5)  Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; [and]

     (6)  A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element[.]; and

     (7)  If the condominium map is for lands within an agricultural district situated in any county, a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws pursuant to section 514B-5."

     SECTION 2.  Section 514B-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An application for registration of a project in the agricultural district classified pursuant to chapter 205 shall include a verified statement, signed by an appropriate county official, that the project as described and set forth in the project's declaration, condominium map, bylaws, and house rules does not include any restrictions limiting or prohibiting agricultural uses or activities, in compliance with section 205‑4.6.  For projects containing [greater] more than five units or larger than ten acres, the statement shall also include the applicant's assessment and county comments regarding the availability of supportive infrastructure, any potential impact on governmental plans and resources, sensitive environmental resources, and any other requirements pursuant to county ordinances and rules.  The developer's public report shall include the verified statement in addition to the information required by section 514B-83.  The commission shall not accept the registration of a project where a county official has not signed a verified statement."

     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, 2050.

Report Title:

Counties; Agricultural Districts; Condominium Property Regimes; Registration; Application

Description:

Requires condominium maps for lands within an agricultural district to include a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws.  Requires an application for registration of a project in an agricultural district larger than ten acres to include certain additional information.  Effective 7/1/2050.  (SD1)

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 agricultural districts.

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

     SECTION 1.  Section 514B-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A condominium map shall be recorded with the declaration.  The condominium map shall contain the following:

     (1)  A site plan for the condominium property regime, depicting the location, layout, and access to a public road of all buildings and projects included or anticipated to be included in the condominium property regime, and depicting access for the units to a public road or to a common element leading to a public road;

     (2)  Elevations and floor plans of all buildings in the condominium property regime;

     (3)  The layout, location, boundaries, unit numbers, and dimensions of the units;

     (4)  To the extent that there is parking in the condominium property regime, a parking plan for the regime, showing the location, layout, and stall numbers of all parking stalls included in the condominium property regime;

     (5)  Unless specifically described in the declaration, the layout, location, and numbers or other identifying information of the limited common elements, if any; [and]

     (6)  A description in sufficient detail, as may be determined by the commission, to identify any land area that constitutes a limited common element[.]; and

     (7)  If the condominium map is for lands within an agricultural district situated in any county, a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws pursuant to section 514B-5."

     SECTION 2.  Section 514B-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An application for registration of a project in the agricultural district classified pursuant to chapter 205 shall include a verified statement, signed by an appropriate county official, that the project as described and set forth in the project's declaration, condominium map, bylaws, and house rules does not include any restrictions limiting or prohibiting agricultural uses or activities, in compliance with section 205‑4.6.  For projects containing [greater] more than five units, the statement shall also include the applicant's assessment and county comments regarding the availability of supportive infrastructure, any potential impact on governmental plans and resources, sensitive environmental resources, and any other requirements pursuant to county ordinances and rules.  The developer's public report shall include the verified statement in addition to the information required by section 514B-83.  The commission shall not accept the registration of a project where a county official has not signed a verified statement.  For projects involving parcels of land larger than ten acres, a county may require an applicant to obtain the county's approval of the subdivision of the land prior to the effective date of the condominium property regime."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Agricultural Districts; Condominium Property Regimes; Counties

Description:

Requires condominium maps for lands within an agricultural district to include a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws.  Authorizes counties to require the county's approval of the subdivision of parcels of land larger than ten acres prior to the effective date of the condominium property regime.

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. 3009

Honolulu, Hawaii

RE:     S.B. No. 3231

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 3231 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL DISTRICTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require condominium maps for lands within an agricultural district to include a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws; and

     (2)  Authorize counties to require the county's approval of the subdivision of parcels of land larger than ten acres prior to the effective date of the condominium property regime.

     Your Committee received testimony in support of this measure from the Department of Agriculture and Biosecurity, Animal Rights Hawaiʻi, Hawaiʻi Farm Bureau, and one individual.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Hawaiʻi Real Estate Commission.

     Your Committee finds that condominium property regimes can be used to circumvent the subdivision review process for agricultural lands.  Your Committee further finds that it is important to retain agricultural land in the State for bona fide agricultural production.  This measure aims to preserve the integrity of agricultural lands in the State by protecting them from fragmentation and misuse.

     Your Committee has amended this measure by:

     (1)  Clarifying that an application for registration of a project in an agricultural district larger than ten acres shall include certain additional information;

     (2)  Deleting language that would have authorized a county to require an applicant to obtain approval from the county for a subdivision of the land before the condominium property regime effective date for projects involving parcels of land larger than ten acres; and

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3231, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3231, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

STAND. COM. REP. NO. 2485

Honolulu, Hawaii

RE:     S.B. No. 3231

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Energy and Intergovernmental Affairs, to which was referred S.B. No. 3231 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL DISTRICTS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require condominium maps for lands within an agricultural district to include a letter signed by an appropriate county official or agency certifying that the condominium property regime will conform to county zoning laws; and

     (2)  Authorize counties to require the county's approval of the subdivision of parcels of land larger than ten acres prior to the effective date of the condominium property regime.

     Your Committees received testimony in support of this measure from the Department of Agriculture and Biosecurity, Hawaiʻi Farm Bureau, and Hawaiʻi Food+ Policy.

     Your Committees find that agricultural lands subjected to condominium property regimes are at risk of facing increased land prices, soil degradation, watershed variability, and other strenuous environmental impacts that hinder agricultural productivity.  Your Committees further find that preserving the integrity of agricultural lands is integral to achieving the State's food security and economic diversification goals.  This measure promotes accountability for land developers to safeguard agricultural lands from fragmentation and misuse.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3231 and recommend that it pass Second Reading and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Energy and Intergovernmental Affairs,