HOUSE OF REPRESENTATIVES

H.B. NO.

2424

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

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 land use commission for a district boundary amendment to reclassify certain lands within the agricultural district to the rural district through the declaratory ruling process.

     SECTION 2.  (a)  Between July 1, 2026, and December 31, 2028, the planning commission of any county may petition the land use commission for a district boundary amendment to reclassify land within the agricultural district to the rural district; 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, is 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, Hawaii Revised Statutes;

     (4)  The requirements of chapter 343, Hawaii Revised Statutes, 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;

     (7)  The applicable county planning commission 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)  Notice and an opportunity, including at a minimum: publication of notice of the petition and public hearing in a newspaper of general circulation in the county not less than fourteen days prior to 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 commission 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 land use 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 land use commission shall process each petition under subsection (a) as a petition for a declaratory order, pursuant to section 91-8, Hawaii Revised Statutes, for a district boundary amendment of the subject land, within three hundred sixty-five days from the date the petition is deemed complete by the land use commission.  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, 2028.

 


 

Report Title:

Land Use Commission; County Planning Commissions; District Boundary Amendment Petition; Agricultural District; Rural District

 

Description:

Between 7/1/2026 and 12/31/2028, authorizes each county planning commission 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 declaratory ruling process.  Repeals 12/31/2028.  Effective 7/1/3000.  (HD1)

 

 

 

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