HB2424 HD2

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.

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.

HOUSE OF REPRESENTATIVES	H.B. NO.	2424
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII