HOUSE OF REPRESENTATIVES
H.B. NO.
2424
THIRTY-THIRD LEGISLATURE, 2026
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. Section 165-1, Hawaii Revised Statutes, is amended to read as follows:
"§165-1 Findings and purpose. The legislature finds that [[Struck through: when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits]] [Underlined: existing or proposed agricultural land uses occurring on former sugar cane lands are subject to permitting requirements that may be appropriate for activities in pristine ecosystems but are unnecessary for former cane lands. The requirements are often so burdensome and costly] that [Underlined: they] may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture. The legislature also finds that under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy." Accordingly, it is the purpose of this chapter to reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance."
SECTION 3. (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) The land is part of an existing agricultural subdivision consisting of more than twenty subdivided lots;
(3) A single-family residence is constructed on each lot, or the lot is part of an agricultural subdivision intended for single-family residential construction;
(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) Required due process for district boundary amendments under constitutional and statutory law; and
(8) The office of planning and sustainable development shall in every case appear as a party, at both the state and county levels, and make recommendations to address state interests and public trust issues.
(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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026, and shall be repealed on December 31, 2028.
INTRODUCED BY:
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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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.