Bill Text: HI SB2899 | 2022 | Regular Session | Introduced
Bill Title: Relating To Land Use.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-01-24 - Referred to HOU/GVO, WAM/WTL. [SB2899 Detail]
Download: Hawaii-2022-SB2899-Introduced.html
|
THE SENATE |
S.B. NO. |
2899 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
|
|
|
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. Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:
"§205-3.1 Amendments to district
boundaries. (a) District boundary amendments involving the
following lands [in the conservation district, land areas greater than
fifteen acres, or lands delineated as important agricultural lands] shall
be processed by the land use commission pursuant to section 205-4[.]:
(1) Lands in the conservation
district;
(2) Lands delineated
as important agricultural lands; or
(3) Land areas greater
than fifteen acres, except non‑important agricultural land or rural land areas
greater than fifteen acres but not more than twenty‑five acres if the land
areas are proposed for reclassification to the urban district and at least sixty
per cent of the land areas will be devoted to the development of housing that meets
the United States Housing and Urban Development definition of affordable housing.
(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]:
(1) Lands less
than fifteen acres presently in the rural and urban districts [and lands];
(2) Land areas greater
than fifteen acres but not more than twenty-five acres if the land areas are proposed
for reclassification to the urban district, are contiguous to the urban district,
and at least sixty per cent of the units of the development will be dedicated for
the development of affordable housing; provided that the soil is classified by
the land study bureau's detailed land classification as overall (master)
productivity rating class C or lesser;
(3) Lands less
than fifteen acres in the agricultural district that are not designated as
important agricultural lands[.] or with soil classified by the land
study bureau's detailed land classification as overall (master) productivity
rating class A or B; and
(4) Land areas greater than thirty-five acres, but no more than fifty
acres, located in counties with a total land area greater than four thousand square
miles.
(c)
District boundary amendments involving [land areas of fifteen acres
or less, except as provided in] lands described 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 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[.]; provided that any district boundary
amendment that is not approved or denied by the appropriate county land use decision-making
authority within ninety days of the petition filing date shall be deemed approved.
(d) The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the department of business, economic development, and tourism and shall notify the commission and the department of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing. A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision. Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the department of business, economic development, and tourism by the county planning director.
(f) For the purposes of this section:
"Affordable housing" means
housing that requires the purchaser to be, in perpetuity, a Hawaii resident, employed
within the county in which the unit exists, an owner occupant, and owner of no
other real property.
"Parceling" means the subdivision of lands greater than twenty-five acres into two or more parcels, more than one of which is then proposed for reclassification within a ten-year period of time from the date of the subdivision."
SECTION 2. Section 205-4, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(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] sections 201H-38[.]
and 205-3.1(a). The land use
commission shall adopt rules pursuant to chapter 91 to implement [section]
sections 201H‑38[.] and 205-3.1(a)."
2. By
amending subsection (g) to read:
"(g) Within a period of not more than three hundred sixty-five days after the proper filing of a completed 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."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
District Boundaries; Amendments; Counties; Affordable Housing
Description:
Authorizes county land use decision—making authorities to amend district boundaries involving certain land areas: (1) greater than fifteen acres, but not more than twenty-five acres, if the land areas are proposed for reclassification to the urban district, contiguous to an urban district, and at least sixty per cent of the land areas will be dedicated for the development of affordable housing; and (2) greater than thirty-five acres, but not more than fifty acres, if located in a county with a total land acre greater than four thousand square miles. Requires the counties to approve or deny applications for district boundary amendments within ninety days.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
