Bill Text: HI HB2527 | 2010 | Regular Session | Introduced

---

Bill Title: Land Use; District Boundary Amendment Process

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (H) Referred to WLO, JUD, referral sheet 7 [HB2527 Detail]

Download: Hawaii-2010-HB2527-Introduced.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	2527
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO LAND USE.

 

 

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

 

     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

          "§205-A  Regional district boundary amendments, applications.  (a)  Notwithstanding any other law to the contrary, any county planning department or the office of planning may apply to the commission for a regional change in the boundary of a district; provided that the following requirements are met:

     (1)  The application for a regional change in the boundary of a district is in conformity with the county community, development, or community development plans adopted pursuant to the county general plan, and the county community, development, or community development plans were adopted or revised by the county council within five years before the application was filed;

     (2)  The application area is not classified as conservation;

     (3)  The application area is regional in geographic coverage, including multiple parcels of land, owned by more than one landowner; and

     (4)  The office of planning and the planning department for the county in which the application area is located have no objection to the application.

     (b)  An application for a regional change in the boundary of a district shall include such information as the commission may require, including a description of the application area, the names and addresses of those persons identified by applicant to have a property interest in the application area, and a justification for the regional change in the boundary of the district.

     (c)  On an application for a regional change in the boundary of a district, the commission shall hold on the island affected a public hearing and not a contested case hearing, provided that prior to the public hearing on the application for a regional change in the boundary of a district, the commission shall:

     (1)  Give at least thirty days' notice for a public hearing.  The notice shall include:

         (A)  A statement of the topic of the public hearing;

         (B)  A statement that a copy of the application will be mailed to any interested person who requests a copy, pays the required fees for the copy and postage, if any, together with a description of where and how the request may be made;

         (C)  A statement of when, where, and during what times the application may be reviewed in person; and

         (D)  The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed application;

     (2)  The notice shall be mailed to the office of planning, the affected county planning department, and all persons who have made a timely written request to the commission for advance notice of its public hearing and to all persons with a property interest in the lands identified in the application; provided that the adoption or rejection of an application as determined by the commission shall not be invalidated solely because of the inadvertent failure to mail an advance notice of a public hearing; and

     (3)  The notice shall be published in a media of general circulation statewide, which is printed or communicated and issued at least twice weekly in the county affected by the proposed application.

          §205-B  Regional district boundary amendments, approval deadline.  Within a period of not more than one hundred twenty days of receipt of a complete filing of an application for a regional district boundary amendment, the commission shall approve, approve in part, or deny the application.

          §205-C  Regional district boundary amendments, approval criteria.  The commission shall approve an application upon a showing by the clear preponderance of the evidence that the proposed regional district boundary amendment is reasonable, not violative of section 205-2, and consistent with the policies and criteria of sections 205-16 and 205-17.  The commission may impose such conditions as may be necessary to ensure compliance with section 205-2 and the policies and criteria of sections 205-16 and 205-17.  Six affirmative votes of the commission shall be necessary for any regional district boundary amendment."

          SECTION 2.  New statutory material is underscored.

          SECTION 3.  In codifying the new sections added to chapter 205, Hawaii Revised Statutes, the revisor of statutes shall substitute appropriate section numbers for the letters used in the new sections designated in this Act.

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

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Land Use; District Boundary Amendment Process

 

Description:

Establishing a quasi-legislative process to simplify the State Land Use Commission's procedures in limited situations involving state or county petitions for district boundary amendments to conform State land use classification with county plans.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.