Bill Text: HI HB1751 | 2022 | Regular Session | Amended
Bill Title: Relating To Rural Districts.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2022-02-24 - The committee(s) on FIN recommend(s) that the measure be deferred. [HB1751 Detail]
Download: Hawaii-2022-HB1751-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1751 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RURAL DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that given the shortage of housing in Hawaii, the counties should be permitted to increase density in state-designated rural districts. Under current state law, only one dwelling unit is permitted on a one-half acre, or 21,780 square feet, of land in a rural district. The legislature further finds that giving counties the option of adopting ordinances to allow dwellings on each quarter-acre will increase housing opportunities where appropriate.
Accordingly, the purpose of this Act is to allow the counties to determine the appropriateness of allowing dwellings on each quarter-acre, rather than each half-acre, of lands in rural districts; provided that the dwellings are consistent with the county general plan and community development plans.
SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
There shall be four major land use districts in which all lands in the
State shall be placed: urban, rural,
agricultural, and conservation. The land
use commission shall group contiguous land areas suitable for inclusion in one
of these four major districts. The
commission shall set standards for determining the boundaries of each district[,];
provided that:
(1) In
the establishment of boundaries of urban districts, those lands that are
now in urban use and a sufficient reserve area for foreseeable urban growth
shall be included;
(2) In
the establishment of boundaries for rural districts, areas of land composed
primarily of small farms mixed with very low density residential lots, which
may be shown by a minimum density of not more than one house per [one-half]
one-quarter acre and a minimum lot size of not less than one-half acre
shall be included, except as herein provided;
(3) In
the establishment of the boundaries of agricultural districts, the
greatest possible protection shall be given to those lands with a high capacity
for intensive cultivation; and
(4) In
the establishment of the boundaries of conservation districts, the "forest
and water reserve zones" provided in Act 234, section 2, Session Laws of
Hawaii 1957, are renamed "conservation districts" and, effective as
of July 11, 1961, the boundaries of the forest and water reserve zones
theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii
1957, shall constitute the boundaries of the conservation districts; provided
that thereafter the power to determine the boundaries of the conservation
districts shall be in the commission.
In
establishing the boundaries of the districts in each county, the commission
shall give consideration to the master plan or general plan of the county."
2.
By amending subsection (c) to read:
"(c)
Rural districts shall include activities or uses as characterized by low
density residential lots of not more than one dwelling house per [one-half]
one-quarter acre, except as provided by county ordinance pursuant to
section 46-4(c)[,] and provided that each dwelling house shall be
consistent with the county general plan and community development plan, in
areas where "city-like" concentration of people, structures, streets,
and urban level of services are absent, and where small farms are intermixed
with low density residential lots except that within a subdivision, as defined
in section 484-1, the commission for good cause may allow one lot of less than
one‑half acre, but not less
than [eighteen thousand five hundred square feet,] one-quarter acre,
or an equivalent residential
density, within a rural subdivision and permit the construction of one dwelling
on [such] the lot; provided that all other dwellings in the
subdivision shall have a minimum lot size of one-half acre or 21,780 square
feet. [Such] The petition
for variance may be processed under the special permit procedure. These districts may include contiguous areas [which]
that are not suited to low density residential lots or small farms by
reason of topography, soils, and other related characteristics. Rural districts shall also include golf
courses, golf driving ranges, and golf-related facilities.
In addition to the uses listed in this
subsection, rural districts shall include geothermal resources exploration and
geothermal resources development, as defined under section 182‑1, and
construction and operation of wireless communication antenna, as defined under
section 205-4.5(a)(18), as permissible uses."
SECTION 3. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:
(1) Low density
residential uses;
(2) Agricultural uses;
(3) Golf courses, golf
driving ranges, and golf-related facilities;
(4) Public, quasi-public,
and public utility facilities; and
(5) Geothermal resources
exploration and geothermal resources development, as defined under section
182-1.
In
addition, the minimum lot size for any low density residential use shall be
one-half acre and there shall be but one dwelling house per [one-half] one-quarter
acre[,]; provided that each dwelling house shall be consistent with
the county general plan and community development plans, except as provided
for in section 205-2."
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, 2050.
Report Title:
Rural Districts; Dwellings; County Ordinances
Description:
Authorizes the counties to adopt ordinances that allow up to one dwelling per quarter-acre in rural districts; provided that the dwellings are consistent with the county general plan and community development plans. Effective 7/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
