Bill Text: HI HB1864 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Land Use Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-24 - Referred to WAL, JHA, referral sheet 1 [HB1864 Detail]
Download: Hawaii-2024-HB1864-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1864 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the land use commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 205-4, Hawaii Revised Statutes, is amended to read as follows:
"§205-4 Amendments to district boundaries involving land areas greater than fifteen acres. (a) Any department or agency of the State, any 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 land use commission for a change in the boundary of a district. This section applies to all petitions for changes in district boundaries of lands within conservation districts, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H‑38. The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.
(b) Any county may initiate a land use boundary amendment for land designated for urban, rural, agricultural, or conservation to implement the county's general plan; provided that the amendments conform to the county's adopted general plan. The application shall be submitted to the commission by the county planning director and shall include the request and reasons; provided that technical studies shall not be required if the request conforms to the county general plan.
[(b)]
(c) Upon proper filing of a
petition pursuant to subsection (a) the commission shall, within not less than
sixty and not more than one hundred and eighty days, conduct a hearing on the
appropriate island in accordance with the provisions of sections 91-9, 91-10,
91-11, 91-12, and 91-13, as applicable.
[(c)]
(d) Any other provision of law to
the contrary notwithstanding, notice of the hearing together with a copy of the
petition shall be served on the county planning commission and the county
planning department of the county in which the land is located and all persons
with a property interest in the land as recorded in the county's real property
tax records. In addition, notice of the
hearing shall be mailed to all persons who have made a timely written request
for advance notice of boundary amendment proceedings, and public notice shall
be given at least once in the county in which the land sought to be
redistricted is situated as well as once statewide at least thirty days in
advance of the hearing. The notice shall
comply with section 91-9, shall indicate the time and place that maps showing
the proposed district boundary may be inspected, and further shall inform all
interested persons of their rights under subsection [(e).] (f).
[(d)]
(e) Any other provisions of law
to the contrary notwithstanding, prior to hearing of a petition the commission
and its staff may view and inspect any land which is the subject of the
petition.
[(e)]
(f) Any other provisions of law
to the contrary notwithstanding, agencies and persons may intervene in the
proceedings in accordance with this subsection.
(1) The petitioner, the office of planning and sustainable development, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change;
(2) All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention;
(3) All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention;
(4) All other persons may apply to the commission for leave to intervene as parties. Leave to intervene shall be freely granted; provided that the commission or its hearing officer, if one is appointed, may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that:
(A) The position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and
(B) The admission of additional parties will render the proceedings inefficient and unmanageable.
A person whose application to intervene is denied may appeal the denial to the circuit court pursuant to section 91-14; and
(5) The commission, pursuant to chapter 91, shall adopt rules governing the intervention of agencies and persons under this subsection. The rules shall without limitation establish:
(A) The information to be set forth in any application for intervention;
(B) The limits within which applications shall be filed; and
(C) Reasonable filing fees to accompany applications.
[(f)]
(g) Together with other witnesses
that the commission may desire to hear at the hearing, it shall allow a
representative of a citizen or a community group to testify who indicates a
desire to express the view of such citizen or community group concerning the
proposed boundary change.
[(g)]
(h) Within a period of not more
than three hundred sixty-five days after the proper filing of a petition,
unless otherwise ordered by a court, or unless a time extension, which shall
not exceed ninety days, is established by a two-thirds vote of the members of
the commission, the commission, by filing findings of fact and conclusions of
law, shall act to approve the petition, deny the petition, or to modify the
petition by imposing conditions necessary to uphold the intent and spirit of
this chapter or the policies and criteria established pursuant to section
205-17 or to assure substantial compliance with representations made by the
petitioner in seeking a boundary change.
The commission may provide by condition that absent substantial
commencement of use of the land in accordance with such representations, the
commission shall issue and serve upon the party bound by the condition an order
to show cause why the property should not revert to its former land use
classification or be changed to a more appropriate classification. Such conditions, if any, shall run with the
land and be recorded in the bureau of conveyances.
[(h)]
(i) No amendment of a land use
district boundary shall be approved unless the commission finds upon the clear
preponderance of the evidence that the proposed boundary is reasonable, not
violative of section 205-2 and part III of this chapter, and consistent with
the policies and criteria established pursuant to sections 205-16 and 205-17. Six affirmative votes of the commission shall
be necessary for any boundary amendment under this section.
[(i)]
(j) Parties to proceedings to
amend land use district boundaries may obtain judicial review thereof in the
manner set forth in section 91-14[,]; provided that the court may
also reverse or modify a finding of the commission if such finding appears to
be contrary to the clear preponderance of the evidence.
[(j)]
(k) At the hearing, all parties
may enter into appropriate stipulations as to findings of fact, conclusions of
law, and conditions of reclassification concerning the proposed boundary
change. The commission may but shall not
be required to approve such stipulations based on the evidence adduced."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Hawaii Council of Mayors Package; Land Use Commission; Boundary Amendments; Counties
Description:
Authorizes a county to initiate a land use boundary amendment to implement the county's general plan.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
