Bill Text: HI HB947 | 2018 | Regular Session | Introduced
Bill Title: Relating To Land.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB947 Detail]
Download: Hawaii-2018-HB947-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
947 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Act 230, Session Laws of Hawaii 1985, established the land use commission decision making criteria for district boundary reclassifications of land areas greater than fifteen acres and authorized the counties to reclassify land areas of less than fifteen acres, except lands in the conservation district. Since 1985, the capabilities and staff of the county planning departments have increased and developers have found county processing to be more efficient and faster than that of the land use commission.
The faster processing of district boundary amendments by the counties has also attracted the interest of housing developers. However, the fifteen-acre limit physically restricts developments to about forty-five small lot homes, which is often not large enough for a profitable project. Increasing the acreage limit to allow counties to reclassify lands of twenty-five acres or less will allow developers to conduct larger-scale projects that are profitable while benefiting from the faster reclassification process of the counties. Ultimately, this will attract more developers, increase construction competition, create jobs, increase housing, and reduce the cost of housing for the end buyer.
The purpose of this Act is to facilitate efficiency and expediency in the construction of housing projects by increasing the acreage threshold from fifteen to twenty-five acres for district boundary amendments that require land use commission approval.
SECTION 2. Section 201H-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The corporation may develop public
land in an agricultural district subject to the prior approval of the land use
commission, when developing lands greater than [fifteen] twenty-five
acres in size, and public land in a conservation district subject to the prior
approval of the board of land and natural resources. The corporation shall not
develop state monuments, historical sites, or parks. When the corporation
proposes to develop public land, it shall file with the department of land and
natural resources a petition setting forth the purpose for the development.
The petition shall be conclusive proof that the intended use is a public use
superior to that which the land has been appropriated."
SECTION 3. Section 205-3.1, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read as follows:
"(a) District boundary amendments
involving lands in the conservation district, land areas greater than [fifteen]
twenty-five acres, or lands delineated as important agricultural lands
shall be processed by the land use commission pursuant to section 205-4.
(b) Any department or agency of the State, and
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
appropriate county land use decision-making authority of the county in which
the land is situated for a change in the boundary of a district involving [lands
less than fifteen] land areas of twenty-five acres or less presently
in the rural and urban districts and [lands less than fifteen] land
areas of twenty-five acres or less in the agricultural district that
are not designated as important agricultural lands.
(c) District boundary amendments involving
land areas of [fifteen] twenty-five acres or less, except as
provided in subsection (b), shall be determined by the appropriate county land
use decision-making authority for the district and shall not require
consideration by the land use commission pursuant to section 205-4; provided
that [such] the boundary amendments and approved uses are
consistent with this chapter. The appropriate county land use decision-making
authority may consolidate proceedings to amend state land use district
boundaries pursuant to this subsection, with county proceedings to amend the
general plan, development plan, zoning of the affected land, or [such]
other proceedings. Appropriate ordinances and rules to allow consolidation of
such proceedings may be developed by the county land use decision-making
authority."
SECTION 4. Section 205-4, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§205-4 Amendments to district
boundaries involving land areas greater than [fifteen] twenty-five
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] land areas greater than
[fifteen] twenty-five 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."
SECTION 5. Section 205-6, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) Special permits for land the area of
which is greater than [fifteen] twenty-five acres or for lands
designated as important agricultural lands shall be subject to approval by the
land use commission. The land use commission may impose additional
restrictions as may be necessary or appropriate in granting the approval,
including the adherence to representations made by the applicant.
(e) A copy of the decision, together with the
complete record of the proceeding before the county planning commission on all
special permit requests involving a land area greater than [fifteen] twenty-five
acres or for lands designated as important agricultural lands, shall be
transmitted to the land use commission within sixty days after the decision is
rendered.
Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition. A denial either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2017.
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INTRODUCED BY: |
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Report Title:
Land Use Commission; Land Reclassification; Acres
Description:
Increases the acreage from 15 acres to 25 acres for district boundary reclassifications requiring the approval of the Land Use Commission.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
