2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 13. PLANNING AND ECONOMIC DEVELOPMENT
201N. Renewable Energy Facility Siting Process
§201N-14 Exemption from subdivision requirements.


HI Rev Stat § 201N-14 (2011 through Reg Sess) What's This?

§201N-14 Exemption from subdivision requirements. [Section repealed on July 1, 2020. L 2011, c 201, §4.] (a) Notwithstanding any other law or ordinance to the contrary:

(1) Lands within the agricultural or conservation state land use district may be leased; and

(2) Easements may be created and granted over lands within the agricultural or conservation state land use district,

for the purpose of developing and financing a renewable energy project or accessing a renewable energy project that is a permitted use in the district, even if the leased land or easement area has not been subdivided as a separate subdivided lot or easement. Leases and easements authorized by this section shall be valid leases and easements for all purposes, but the exemption from subdivision requirements authorized by this section shall be subject to the requirements and limitations set forth in subsection (d).

(b) Without limiting the generality of subsection (a), the following may be performed without complying with subdivision requirements:

(1) All or a portion of a legal lot may be leased as a site for a renewable energy project or access to the project;

(2) Easements or other possessory interests, whether exclusive or nonexclusive, may be granted to use all or a portion of the legal lot as a renewable energy project site or access to the project;

(3) Maps, leases, licenses, grants of easements, or other instruments providing for the right to use all or a portion of a legal lot as delineated on a map for a renewable energy project site or access to the project may be recorded; and

(4) Mortgages and other security interests may be granted with respect to any lease or easement created pursuant to this section, and the holders of such mortgages or other security interests may foreclose upon the lease or easement covered and otherwise enforce the terms of the mortgage and security documents, subject to compliance with applicable laws other than subdivision requirements.

(c) The land court, bureau of conveyances, and other governmental agencies shall accept for filing and recording all instruments and maps pertaining to leases, easements, mortgages, and other security documents authorized pursuant to this section.

(d) The exemption from subdivision requirements authorized by this section shall only apply to leases and easements that meet the following requirements and shall be subject to the following limitations:

(1) The lease or easement shall restrict the use of the leased land or easement area to the development and operation of a renewable energy project; provided that, to comply with section 205-4.6, agricultural uses and activities shall not be restricted on agricultural land;

(2) The lease shall have an initial term of at least twenty years;

(3) With respect to leases and easements on lands within an agricultural state land use district, the exemption from subdivision requirements provided by this section shall be for:

(A) Solar energy facilities permitted under section 205-2(d)(6), on land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class D or E;

(B) Wind energy facilities permitted under section 205-2(d)(4) and (8), including the appurtenances associated with the production and transmission of wind-generated energy; and

(C) Any renewable energy facilities approved by the land use commission or county planning commission under chapter 205;

(4) With respect to leases and easements on lands within a conservation state land use district, the exemption from subdivision requirements provided by this section shall be for:

(A) Wind energy facilities, including the appurtenances associated with the production and transmission of wind-generated energy; and

(B) Any renewable energy facilities permitted or approved by the board of land and natural resources under chapter 183C; and

(5) The county agency charged with administering subdivisions in the county in which the renewable energy project is to be situated or, if the land is in a conservation state land use district, the department of land and natural resources, shall approve the exemption from subdivision requirements within ninety days after the project's developer and the owner of the land on which the renewable energy project is to be situated have submitted the conceptual schematics or preliminary plans and specifications for the renewable energy project to the county agency or the department of land and natural resources, and have provided to such county agency or the department of land and natural resources, as applicable, a certification and agreement that all applicable and appropriate environmental reviews and permitting shall be completed prior to commencement of development of the renewable energy project. If, on the ninety-first day, an exemption has not been approved, it shall be deemed disapproved by the county agency or the department of land and natural resources, whichever is applicable.

(e) Nothing in this section shall:

(1) Exempt the actual development, construction, or operation of any use, project, or improvement from any applicable state or county laws, ordinances, restrictions, permits, or approvals, including restrictions on allowable uses or conditions and requirements for adequate infrastructure or mitigation measures;

(2) Exempt renewable energy projects from any permit or approval process under chapter 183C, 205, 205A, or 343;

(3) Exempt from subdivision requirements the conveyance of any fee interest in land; or

(4) Prevent any agency or authority that issues permits or approvals for renewable energy projects from imposing reasonable and appropriate restrictions on the type of siting, development, construction, and operation of a renewable energy project to protect agricultural resources and activities, the environment, natural resources, cultural resources and activities, or the health, safety, and welfare of the State.

(f) All agencies and authorities that issue permits or approvals for renewable energy projects may adopt rules or procedures to:

(1) Determine the type of renewable energy project that may be allowed within an agricultural or conservation district;

(2) Determine criteria for the appropriate siting of the renewable energy project within an agricultural or conservation district; and

(3) Identify mitigation measures applicable to renewable energy projects to protect agricultural resources and activities, the environment, natural resources, cultural resources and activities, health, safety, and welfare of the State.

(g) This section is not intended to diminish the discretion of any agency or any authority to approve or disapprove any permit application. [L 2009, c 173, §§2, 7; am L 2010, c 151, §§2, 4; am L 2011, c 201, §3]

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