HOUSE OF REPRESENTATIVES |
H.B. NO. |
2261 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that Hawaii faces an urgent need to increase its
housing supply to address the pressing demand for residential units. The legislature further finds that under
existing law, any building, object, district, area, or site that is over fifty
years old triggers a historic preservation review.
Although the law was intended to protect
places of historical, architectural, archaeological, and cultural significance,
the legislature further finds that the fifty-year threshold is overly broad as
it applies to any structure built before 1973, many of which are not
historically, architecturally, archaeologically, or culturally significant. Because the historic preservation review process
applies to so many projects, the overburdened state historic preservation division
can take six to twelve months to complete its review, making many projects not
feasible.
The legislature additionally finds that by
reducing the number of properties subject to the historic preservation review
process, the state historic preservation division can better focus its work on
protecting properties of true historical, architectural, archaeological, and
cultural significance. This change in
the law will expedite the redevelopment of parcels that are over fifty years
old but not historically, architecturally, archaeologically, or culturally
significant. The legislature notes that
this Act is limited solely to historic property and does not affect protections
for other objects, such as iwi kupuna.
Therefore, the purpose of this Act is to require
historic preservation review only for properties that are listed on the Hawaii
or national register of historic places or were built before August 21, 1959.
SECTION 2. Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:
""Historic property" means any building, structure,
object, district, area, or site, including heiau and underwater site, [which
is over fifty years old.] that:
(1) Is listed on the Hawaii or national register
of historic places; or
(2) Was built before August 21, 1959."
SECTION 3. Section 6E-42.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) An application for a proposed project on an
existing privately-owned single-family detached dwelling unit or townhouse
shall be subject to the requirements of section 6E-42 only if the single-family
detached dwelling unit or townhouse [is over fifty years old and]:
(1) Is listed on the
Hawaii or national register of historic places[, or both]; or
[(2) Is nominated
for inclusion on the Hawaii or national register of historic places, or both;
or
(3) Is located in a historic district.]
(2) Was built before August 21, 1959."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Historic Preservation; Historic Property; Definition; Hawaii or National Register of Historic Places; Pre-statehood Construction; Historic Review Exclusions
Description:
Amends the definition of "historic property" used in historic preservation laws to remove the minimum age and require listing on the Hawaii or national register of historic places or built before August 21, 1959. Broadens exclusions from historic review for certain types of proposed projects on existing privately-owned single-family detached dwelling units or townhouses.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.