2022 Hawaii Revised Statutes
Title 13. Planning and Economic Development
205. Land Use Commission
- 205-1 Establishment of the commission.
- 205-2 Districting and classification of lands.
- 205-3 Retention of district boundaries.
- 205-3.1 Amendments to district boundaries.
- 205-3.5 Reclassification of land contiguous to an agricultural district; approval conditions.
- 205-4 Amendments to district boundaries involving land areas greater than fifteen acres.
- 205-4.1 Fees.
- 205-4.5 Permissible uses within the agricultural districts.
- 205-4.6 Private restrictions on agricultural uses and activities; not allowed.
- 205-5 Zoning.
- 205-5.1 to 205-5.3 REPEALED.
- 205-6 Special permit.
- 205-7 Adoption, amendment or repeal of rules.
- 205-8 Nonconforming uses.
- 205-9 to 205-11 REPEALED.
- 205-12 Enforcement.
- 205-13 Penalty for violation.
- 205-14 REPEALED.
- 205-15 Conflict.
- 205-16 Compliance with the Hawaii state plan.
- 205-16.1 and 205-16.2 REPEALED.
- 205-17 Land use commission decision-making criteria.
- 205-18 Review of districts.
- 205-19 Contested cases.
- 205-41 Declaration of policy
- 205-42 Important agricultural lands; definition and objectives.
- 205-43 Important agricultural lands; policies.
- 205-44 Standards and criteria for the identification of important agricultural lands.
- 205-44.5 Important agricultural lands; public lands.
- 205-45 Petition by farmer or landowner.
- 205-45.5 Important agricultural land; farm dwellings and employee housing.
- 205-46 Incentives for important agricultural lands.
- 205-46.5 Agricultural processing facilities; permits; priority.
- 205-47 Identification of important agricultural lands; county process.
- 205-48 Receipt of maps of eligible important agricultural lands; land use commission.
- 205-49 Designation of important agricultural lands; adoption of important agricultural lands maps.
- 205-50 Standards and criteria for the reclassification or rezoning of important agricultural lands.
- 205-51 Important agricultural lands; county ordinances.
- 205-52 Periodic review and amendment of important agricultural lands maps.
Note
Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2022 or until completion. L 2012, c 218; L 2017, c 48.
Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, 11.
Prior law: L 1961, c 187.
Cross References
Acquisition of important agricultural lands, see 163D-31 to 163D-33.
Private agricultural parks, see chapter 169.
Law Journals and Reviews
Maha`ulepu v. Land Use Commission: A Symbol of Change; Hawaii's Land Use Law Allows Golf Course Development on Prime Agricultural Land by Special Use Permit. 13 UH L. Rev. 205 (1991).
Honolulu's Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505 (1991).
The Lum Court, Land Use, and the Environment: A Survey of Hawai`i Case Law 1983 to 1991. 14 UH L. Rev. 119 (1992).
Residential Use of Hawai`i's Conservation District. 14 UH L. Rev. 633 (1992).
Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193 (1995).
Is Agricultural Land in Hawai`i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121 (2001).
"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 (2002).
Avoiding the Next Hokuli`a: The Debate over Hawai`i's Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).
Ala Loop and the Private Right of Action Under Hawai`i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
A Self-Executing Article XI, Section 9--The Door For a Bivens Action for Environmental Rights? 34 UH L. Rev. 187 (2012).
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).
The (Somewhat) False Hope of Comprehensive Planning. 37 UH L. Rev. 39 (2015).
Case Notes
Religious Land Use and Institutionalized Persons Act of 2000, assuming it was constitutional, did not facially invalidate Hawaii's land use law. 229 F. Supp. 2d 1056 (2002).
Provisions of chapter provide authority to issue special use permits for golf courses on prime agricultural lands. 71 H. 332, 790 P.2d 906 (1990).
Article XI, 9 of the Hawaii constitution is self-executing, and 205-12 imposes "reasonable limitations and regulations" that were applicable to the case which allowed the private right of action to enforce this chapter. 123 H. 391, 235 P.3d 1103 (2010).
Charter school failed to establish that community association's claim under this chapter was moot, and even if the case was moot, the public interest exception applied as (1) appeals court ruling that there was no private right of action under this chapter injected the requisite degree of public concern; (2) public officials needed guidance as to whether private citizens have a private right of action to enforce this chapter; and (3) given the volume of land in this State and the frequency with which issues relating to this chapter have been litigated, the question of private party enforcement was likely to recur in the future. 123 H. 391, 235 P.3d 1103 (2010).
In the circumstances of the case, article XI, 9 of the Hawaii constitution created a private right of action to enforce this chapter, and the legislature confirmed the existence of that right of action by enacting 607-25, which allows for the recovery of attorneys' fees in such actions. 123 H. 391, 235 P.3d 1103 (2010).
This chapter is a law relating to environmental quality within the meaning of article XI, 9 of the Hawaii constitution. 123 H. 391, 235 P.3d 1103 (2010).
As no private cause of action exists to enforce this chapter, appellants lacked standing to prosecute their claim under this chapter against landowner and circuit court lacked subject matter jurisdiction to consider this claim. 119 H. 164 (App.), 194 P.3d 1126 (2008).
