Relating To County Zoning.
By allowing counties to regulate land uses established post-ordinance, HB 109 aims to facilitate better management of land resources and adapts to modern challenges such as the rise of short-term rentals and time shares. The bill provides counties with the necessary tools to align zoning practices with the contemporary needs of their communities, ensuring that local governments can make informed decisions about land use that reflect current social and economic contexts. This shift may enhance the framework for long-range planning and development at the county level.
House Bill 109 seeks to amend section 46-4 of the Hawaii Revised Statutes to clarify the authority of counties regarding zoning regulations. Specifically, the bill aims to explicitly permit counties to adopt regulations that may eliminate or phase out land uses and structures that were established after the enactment of the first comprehensive zoning ordinance by a county. This amendment addresses previous interpretations that had restricted counties from making such zoning changes, particularly in areas outside of commercial, industrial, and resort zones.
While the bill is framed as a necessary clarification of existing statutory authority, it may encounter opposition from groups concerned about the potential for increased regulation in housing markets, particularly regarding short-term rentals. Critics argue that such zoning regulations could restrict property owners' rights and lead to a decrease in housing availability for residents. Therefore, the discussion surrounding HB 109 underscores the ongoing tension between local governance, property rights, and the need for effective land-use policies.