§205-3.1  Amendments to district boundaries. (a)  District boundary amendments involving lands in the conservation district,land areas greater than fifteen acres, or lands delineated as importantagricultural lands shall be processed by the land use commission pursuant tosection 205-4.

(b)  Any department or agency of the State, anddepartment or agency of the county in which the land is situated, or any personwith a property interest in the land sought to be reclassified may petition theappropriate county land use decision-making authority of the county in whichthe land is situated for a change in the boundary of a district involving landsless than fifteen acres presently in the rural and urban districts and landsless than fifteen acres in the agricultural district that are not designated asimportant agricultural lands.

(c)  District boundary amendments involvingland areas of fifteen acres or less, except as provided in subsection (b),shall be determined by the appropriate county land use decision-makingauthority for the district and shall not require consideration by the land usecommission pursuant to section 205-4; provided that such boundary amendmentsand approved uses are consistent with this chapter.  The appropriate countyland use decision-making authority may consolidate proceedings to amend stateland use district boundaries pursuant to this subsection, with countyproceedings to amend the general plan, development plan, zoning of the affectedland, or such other proceedings.  Appropriate ordinances and rules to allowconsolidation of such proceedings may be developed by the county land usedecision-making authority.

(d)  The county land use decision-makingauthority shall serve a copy of the application for a district boundary amendmentto the land use commission and the department of business, economicdevelopment, and tourism and shall notify the commission and the department ofthe time and place of the hearing and the proposed amendments scheduled to beheard at the hearing.  A change in the state land use district boundariespursuant to this subsection shall become effective on the day designated by thecounty land use decision-making authority in its decision.  Within sixty daysof the effective date of any decision to amend state land use districtboundaries by the county land use decision-making authority, the decision andthe description and map of the affected property shall be transmitted to theland use commission and the department of business, economic development, and tourismby the county planning director. [L 1985, c 230, §3; am L 1987, c 336, §7; am L1990, c 293, §8; am L 2005, c 183, §3]

 

Law Journals and Reviews

 

  "Urban Type Residential Communities in the Guise ofAgricultural Subdivisions:"  Addressing an Impermissible Use of Hawai‘i'sAgricultural District.  25 UH L. Rev. 199.

 

Case Notes

 

  As section required county review of developer's 14.5 ± acre change of zone request, trial courtdid not err in concluding that county council properly approved developer's boundaryamendment.  91 H. 94, 979 P.2d 1120.