Bill Text: HI SB1157 | 2025 | Regular Session | Introduced
Bill Title: Relating To The Land Use Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-23 - Referred to WTL/EIG, WAM. [SB1157 Detail]
Download: Hawaii-2025-SB1157-Introduced.html
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THE SENATE |
S.B. NO. |
1157 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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)
District boundary amendments involving land areas greater than fifteen
acres, except as provided in subsection (a), 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; provided that the
amendments conform to the county's adopted general plan or the county's adopted
development plan; provided further that 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 other similar proceedings. The county land use decision-making authority
may adopt appropriate ordinances and rules to allow consolidation of these
proceedings.
[(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] the 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] the 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] The 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] 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] stipulations based on the evidence adduced."
SECTION 2. The land use commission is requested to:
(1) Update the digital state land use district maps; and
(2) Encourage transit-oriented development that preserves the character of the State's rural areas.
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.
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INTRODUCED BY: |
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Report Title:
LUC; Counties; State Land Use District; Boundary Amendments; Transit-Oriented Development
Description:
Allows the counties to amend district boundaries involving land areas greater than fifteen acres without appearing before the Land Use Commission if the affected lands are included in the County General Plan or County Development Plan. Requests the LUC to update the digital state land use district maps and to encourage transit-oriented development that preserves the character of the State's rural areas.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
