Bill Text: HI SB511 | 2016 | Regular Session | Amended
Bill Title: Land Use Commission; Boundary Amendments; Special Permit; Conditions; Enforcement; Authority
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB511 Detail]
Download: Hawaii-2016-SB511-Amended.html
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THE SENATE |
S.B. NO. |
511 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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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) 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) 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).
(d) 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) 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 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] 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] The admission of
additional parties will render the proceedings inefficient and unmanageable.
A person whose application to intervene is denied
may appeal [such] the denial to the circuit court pursuant to
section 91-14.
(5) The commission [shall], pursuant to
chapter 91, shall adopt rules governing the intervention of agencies and
persons under this subsection. [Such] The rules shall without
limitation establish:
(A) [the] The information to be
set forth in any application for intervention;
(B) [time] Time limits within
which [such] the applications shall be filed; and
(C) [reasonable] Reasonable
filing fees to accompany [such] the applications.
(f) Together with other witnesses that the
commission may desire to hear at the hearing, [it] the commission
shall allow a representative of a citizen or a community group to testify who
indicates a desire to express the view of [such] the citizen or
community group concerning the proposed boundary change.
(g) 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] those
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] Those conditions, if any, shall run with
the land and be recorded in the bureau of conveyances.
(h) 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) Notwithstanding any other provision of law to the contrary, the land use commission may vacate, void, modify, or amend any land use district boundary amendment approved under this section if the commission reasonably finds that there has been a failure to substantially conform with the conditions or requirements of the boundary amendment. When vacating, voiding, modifying, or amending a land use district boundary amendment, the commission shall not be obligated to repeat the boundary amendment procedures described in subsections (a) to (h).
[(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] the 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]
those stipulations based on the evidence adduced."
SECTION 2. Section 205-6, Hawaii Revised Statutes, is amended to read as follows:
"§205-6 Special permit. (a) Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified. Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired. Each county may establish the appropriate fee for processing the special permit petition. Copies of the special permit petition shall be forwarded to the land use commission, the office of planning, and the department of agriculture for their review and comment.
(b) The planning commission, upon consultation
with the central coordinating agency, except in counties where the planning commission
is advisory only in which case the central coordinating agency, shall establish
by rule or regulation, the time within which the hearing and action on petition
for special permit shall occur. The county planning commission shall notify
the land use commission and [such] any persons and agencies that
may have an interest in the subject matter of the time and place of the
hearing.
(c) The county planning commission may, under [such]
protective restrictions as may be deemed necessary, permit the desired use, but
only when the use would promote the effectiveness and objectives of this
chapter; provided that a use proposed for designated important agricultural
lands shall not conflict with any part of this chapter. A decision in favor of
the applicant shall require a majority vote of the total membership of the
county planning commission.
(d) Special permits for land the area of which is greater than fifteen 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 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.
(f) Land uses substantially involving or supporting educational ecotourism, related to the preservation of native Hawaiian endangered, threatened, proposed, and candidate species, that are allowed in an approved habitat conservation plan under section 195D-21 or safe harbor agreement under section 195D-22, which are not identified as permissible uses within the agricultural district under sections 205-2 and 205‑4.5, may be permitted in the agricultural district by special permit under this section, on lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U.
(g) Notwithstanding any other provision of law to the contrary, the land use commission may vacate, void, modify, or amend any special permit granted under this section if the commission reasonably finds there has been a failure to substantially conform with the conditions or requirements of the commission's order granting the special permit. The land use commission may vacate, void, modify, or amend a special permit without requiring a county planning commission action."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Land Use Commission; Boundary Amendments; Special Permit; Conditions; Enforcement; Authority
Description:
Provides the state land use commission with the authority to amend, modify, or vacate conditions of a boundary amendment and special permit conditions granted pursuant to chapter 205, Hawaii Revised Statutes, if there has been a failure to substantially conform to the conditions or requirements imposed. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
