HB 2424

HOUSE OF REPRESENTATIVES
H.B. NO.
2424
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� 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 the state
land use commission for a district boundary amendment to reclassify certain
lands within the agricultural district to the rural district pursuant to the district
boundary amendment process.
���� SECTION 2.� Chapter 205, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
���� "�205-   � County
plan-based district boundary amendment proceeding; reclassification from
agricultural to rural; temporary authorization.� (a)�
Between July 1, 2026, and December 31, 2028, the applicable planning agency
of any county may petition the commission for a district boundary amendment to
reclassify land within the agricultural district to the rural district that is
consistent with a county's general plan and community development plan land use
designations; provided that the following requirements are met:
���� (1)� The land has
been:
��������� (A)� Developed,
permitted, or intended 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)� A residence, as
a first or second farm dwelling, has been constructed on each lot, or the lot
is part of an agricultural subdivision intended for residential construction as
a first or second farm dwelling;
���� (3)� The subject
land is not designated as important agricultural lands pursuant to section
205-44.5;
���� (4)� The
requirements of chapter 343, if applicable, are met at the time the petition is
made;
���� (5)� The district
boundary amendment would not adversely affect the ability of neighboring lands
to be used for agricultural purposes;
���� (6)� The area for
which a district boundary amendment is petitioned is supported by the
applicable county plan and community development plan land use designations;
���� (7)� The applicable
county planning agency provides:
��������� (A)� All
affected landowners reasonable notice of the proposed district boundary
amendment petition;
��������� (B)� The
public an opportunity to comment on the proposed district boundary amendment
petition; and
��������� (C)� Procedures
for notice and public hearing, including at a minimum: �publication of notice of the petition and
public hearing in a newspaper of general circulation in the county no less than
fourteen days before the hearing; mailed or electronic notice to owners of
record of property within a reasonable radius of the subject lands, as
determined by county ordinance or rule; at least one public hearing before the
applicable county planning agency at which oral and written testimony shall be
accepted; and a written decision or recommendation that includes findings of
fact and conclusions of law sufficient to permit judicial review; and
���� (8)� The office of
planning and sustainable development shall appear as a party to proceedings
before the commission; provided that at the county level, the office of
planning and sustainable development shall be afforded an opportunity to
participate and provide advisory comments, data, and recommendations but shall
not be required to intervene as a formal party unless otherwise authorized by
law or rule.
���� (b)� The commission shall process each petition under
this section as a petition for a district boundary amendment pursuant to this
chapter, including section 205-4, within three hundred sixty-five days from the
date the petition is deemed complete by the commission.� If the commission finds that there is
insufficient evidence presented by the applicable county planning agency 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 commission shall adopt rules pursuant to
chapter 91 to implement this section."
���� SECTION 3.� New statutory material is underscored.
���� SECTION 4. �This Act shall take effect on July 1, 3000,
and shall be repealed on December 31, 2028; provided that any petition filed
with the land use commission pursuant to this Act on or before December 31,
2028, shall be processed and decided in accordance with this Act as if this Act
had not been repealed.
Report Title:
Land Use
Commission; County Planning Agencies; District Boundary Amendment Petition;
Agricultural District; Rural District
Description:
Between
7/1/2026 and 12/31/2028, authorizes each county planning agency to petition the
Land Use Commission for a district boundary amendment to reclassify certain
lands within the agricultural district to the rural district through the district
boundary amendment process.� Repeals
12/31/2028.� Effective 7/1/3000.� (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.