§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 important
agricultural lands shall be processed by the land use commission pursuant to
section 205-4.



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



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



(d)  The county land use decision-making
authority shall serve a copy of the application for a district boundary amendment
to the land use commission and the department of business, economic
development, and tourism and shall notify the commission and the department of
the time and place of the hearing and the proposed amendments scheduled to be
heard at the hearing.  A change in the state land use district boundaries
pursuant to this subsection shall become effective on the day designated by the
county land use decision-making authority in its decision.  Within sixty days
of the effective date of any decision to amend state land use district
boundaries by the county land use decision-making authority, the decision and
the description and map of the affected property shall be transmitted to the
land use commission and the department of business, economic development, and tourism
by the county planning director. [L 1985, c 230, §3; am L 1987, c 336, §7; am L
1990, c 293, §8; am L 2005, c 183, §3]



 



Law Journals and Reviews



 



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



 



Case Notes



 



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