Chapter 205
Land Use Commission
CHAPTER 205
LAND USE COMMISSION
Part I. Generally
Section
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205-5.1 to 5.3 Repealed
205-6 Special permit
205-7 Adoption, amendment or repeal of rules
205-8 Nonconforming uses
205-9 to 11 Repealed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205-14 Repealed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205-16.1, 16.2 Repealed
205-17 Land use commission decision-making criteria
205-18 Periodic review of districts
205-19 Contested cases
Part II. Shoreline Setbacks
205-31 to 37 Repealed
Part III. Important Agricultural Lands
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
Prior law: L 1961, c 187.
Acquisition of important agricultural lands owned by the Galbraith Estate; department of land and natural resources powers, etc. L 2008, c 234, §§8 to 10.
Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.
Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.
Cross References
Acquisition of important agricultural lands, see §§163D-31 to 163D-33.
Private agricultural parks, see chapter 169.
Law Journals and Reviews
Mahaulepu 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.
Honolulu’s Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505.
The Lum Court, Land Use, and the Environment: A Survey of Hawaii Case Law 1983 to 1991. 14 UH L. Rev. 119.
Residential Use of Hawaii’s Conservation District. 14 UH L. Rev. 633.
Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.
Is Agricultural Land in Hawaii “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 Hawaii’s Agricultural District. 25 UH L. Rev. 199 (2002).
Avoiding the Next Hokulia: The Debate over Hawaii’s Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).
Ala Loop and the Private Right of Action Under Hawaii 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).
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).
Provisions of chapter provide authority to issue special use permits for golf courses on prime agricultural lands. 71 H. 332, 790 P.2d 906.