| 47 | | - | SECTION 1. The legislature finds that small lot subdivisions exist in agricultural districts within each county that may be more appropriately placed within the rural district. Many of these lots were created for speculative purposes before the enactment of the state land use law in 1961. The legislature further finds that the counties have an interest in redistricting these lands as they may contain lots and uses that are non-conforming or of insufficient size to support commercial agricultural use. Therefore, the purpose of this Act is to allow each of the counties a temporary opportunity to petition for the redistricting of land from the agricultural district to the rural district through the land use commission's declaratory ruling process. SECTION 2. (a) Between July 1, 2024, and December 31, 2026, the planning commission of any county may petition the land use commission, established by chapter 205, Hawaii Revised Statutes, for redistricting of land from an agricultural district to a rural district; provided that the following requirements are met: (1) The land has been: (A) Developed for single-family residences that are currently in the agricultural district; and (B) Subdivided into lots that are no larger than two acres in size; (2) The land is part of an existing agricultural subdivision consisting of more than twenty subdivided lots; (3) A single-family residence is constructed on each lot, or the lot is part of an agricultural subdivision intended for single-family residential construction; (4) The requirements of chapter 343, Hawaii Revised Statutes, if applicable, are met at the time of redistricting; (5) The redistricting would not adversely affect the ability of neighboring lands to be used for agricultural purposes; (6) The area petitioned for redistricting is supported by the applicable county plan; (7) The applicable county planning commission provides: (A) All affected landowners reasonable notice of the proposed redistricting petition; (B) The public an opportunity to comment on the proposed redistricting petition; and (C) Required due process for district boundary amendments under constitutional and statutory law; and (8) The office of planning and sustainable development shall in every case appear as a party, at both state and county levels, and make recommendations to address state interests and public trust issues. (b) The land use commission shall process petitions under subsection (a) as declaratory rulings within three hundred sixty-five days from the petition being deemed complete. If the land use commission finds that there is insufficient evidence presented by the applicable county planning commission or that significant public trust issues are presented by the petition, the land use commission may: (1) Deny the petition in whole or in part; or (2) Schedule a contested case hearing on the matter consistent with its administrative rules. (c) The land use commission shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act. SECTION 3. This Act shall take effect on July 1, 3000, and shall be repealed on December 31, 2027. |
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| 47 | + | SECTION 1. The legislature finds that small lot subdivisions exist in agricultural districts within each county that may be more appropriately placed within the rural district. Many of these lots were created for speculative purposes before the enactment of the state land use law in 1961. The legislature further finds that the counties have an interest in redistricting these lands as they may contain lots and uses that are non-conforming or of insufficient size to support commercial agricultural use. Therefore, the purpose of this Act is to allow each of the counties a temporary opportunity to petition for the redistricting of land from the agricultural district to the rural district through the land use commission's declaratory ruling process. SECTION 2. (a) Between July 1, 2024, and December 31, 2026, the planning commission of any county may petition the land use commission, established by chapter 205, Hawaii Revised Statutes, for redistricting of land from an agricultural district to a rural district; provided that the following requirements are met: (1) The land has been: (A) Developed for single-family residences that are currently in the agricultural district; and (B) Subdivided into lots that are no larger than two acres in size; (2) The land is part of an existing agricultural subdivision consisting of more than twenty subdivided lots; (3) A single-family residence is constructed on each lot, or the lot is part of an agricultural subdivision intended for single-family residential construction; (4) The requirements of chapter 343, Hawaii Revised Statutes, if applicable, are met at the time of redistricting; (5) The redistricting would not adversely affect the ability of neighboring lands to be used for agricultural purposes; (6) The area petitioned for redistricting is supported by the applicable county plan; and (7) The applicable county planning commission provides: (A) All affected landowners reasonable notice of the proposed redistricting petition; and (B) The public an opportunity to comment on the proposed redistricting petition. (b) The land use commission shall process petitions under subsection (a) as declaratory rulings within three hundred sixty-five days from the petition being deemed complete. If the land use commission finds that there is insufficient evidence presented by the applicable county planning commission or that significant public trust issues are presented by the petition, the land use commission may: (1) Deny the petition in whole or in part; or (2) Schedule a contested case hearing on the matter consistent with its administrative rules. (c) The land use commission shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act. SECTION 3. This Act shall take effect on July 1, 3000, and shall be repealed on December 31, 2027. |
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