Hawaii 2024 Regular Session

Hawaii Senate Bill SB2838 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2838 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to land use. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2838
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2838
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to land use.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	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 prior to 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 agricultural district to 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 agricultural district to rural district; provided that the following requirements are met: (1) The land shall have 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 shall be part of an existing agricultural subdivision consisting of more than twenty subdivided lots; (3) A single-family residence shall be constructed on each lot, or the lot shall be part of an agricultural subdivision intended for single-family residential construction; (4) The requirements of chapter 343, Hawaii Revised Statutes, if applicable, shall have been met at the time of redistricting; (5) The redistricting shall not adversely affect the ability of neighboring lands to be used for agricultural purposes; and (6) The applicable county planning commission shall provide: (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 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, 2024, and shall be repealed on December 31, 2026. INTRODUCED BY: _____________________________
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49	49	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 prior to the enactment of the state land use law in 1961.
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51	51	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.
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53	53	Therefore, the purpose of this Act is to allow each of the counties a temporary opportunity to petition for the redistricting of land from agricultural district to rural district through the land use commission's declaratory ruling process.
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55	55	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 agricultural district to rural district; provided that the following requirements are met:
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57	57	(1) The land shall have been:
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59	59	(A) Developed for single-family residences that are currently in the agricultural district; and
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61	61	(B) Subdivided into lots that are no larger than two acres in size;
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63	63	(2) The land shall be part of an existing agricultural subdivision consisting of more than twenty subdivided lots;
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65	65	(3) A single-family residence shall be constructed on each lot, or the lot shall be part of an agricultural subdivision intended for single-family residential construction;
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67	67	(4) The requirements of chapter 343, Hawaii Revised Statutes, if applicable, shall have been met at the time of redistricting;
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69	69	(5) The redistricting shall not adversely affect the ability of neighboring lands to be used for agricultural purposes; and
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71	71	(6) The applicable county planning commission shall provide:
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73	73	(A) All affected landowners reasonable notice of the proposed redistricting petition; and
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75	75	(B) The public an opportunity to comment on the proposed redistricting petition.
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77	77	(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 commission may:
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79	79	(1) Deny the petition in whole or in part; or
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81	81	(2) Schedule a contested case hearing on the matter consistent with its administrative rules.
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83	83	(c) The land use commission shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act.
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85	85	SECTION 3. This Act shall take effect on July 1, 2024, and shall be repealed on December 31, 2026.
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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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95	95	Report Title: Land Use Commission; County Planning Commissions; Petition; Land Redistricting; Agricultural District; Rural District Description: Between 7/1/2024 and 12/31/2026, authorizes each county planning commission to petition for the redistricting of land from the agricultural to the rural district through the land use commission's declaratory ruling process. Sunsets 12/31/2026. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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101	101	Report Title:
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103	103	Land Use Commission; County Planning Commissions; Petition; Land Redistricting; Agricultural District; Rural District
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107	107	Description:
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109	109	Between 7/1/2024 and 12/31/2026, authorizes each county planning commission to petition for the redistricting of land from the agricultural to the rural district through the land use commission's declaratory ruling process. Sunsets 12/31/2026.
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117	117	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.