Proceedings
District Boundary Amendments (“DBA”)
District boundary amendments are obtained by petition to the Commission. Amendment petitions can be initiated by State departments or agencies; County departments or agencies in which the property is situated; and any person with a direct interest in the property sought to be reclassified. A $5000 fee is required from private landowners and developers when filing an application to amend district boundaries. This fee is waived for government agencies.
Contents and format of a petition are described in the Hawaiʻi Land Use Commission Rules (Chapter 205 and Chapter 15-15). A petition must meet the requirements of content and format before it is considered properly filed and accepted for processing. Upon acceptance of a properly filed petition, the Commission must hold a hearing on the island on which the subject property is situated within not less than 60 days and not more than 180 days. This hearing can be before the entire Commission or an appointed Hearing Officer.
The Commission must decide upon the request within 365 days after the petition is deemed a proper filing unless otherwise ordered by a court, or unless a time extension, which shall not exceed 90 days, is established by a two-thirds vote of the members of the commission. The Commission may approve, approve with conditions or deny the petition. If a district boundary is amended with conditions, the conditions must be recorded with the Bureau of Conveyances, as these conditions will run with the land and shall be binding upon the petitioner and subsequent persons with any interest in the land.
On petitions to redistrict Conservation lands, the requirements of the Chapter 343 – Environmental Impact Statements must be met before the petition to reclassify Conservation land can be officially accepted as a proper filing and acted upon by the Commission.
Amendment of a district boundary requires approval by at least six of the nine Commissioners.
Special Use Permit (“SP”)
This permitting process allows for “unusual and reasonable” uses within the Agricultural and Rural Districts; provided such uses comply with the objectives of the Land Use Law and meet the guidelines established by the Commission.
Applications for special use permits are made initially to the appropriate planning commission of the county where the property is located. When the proposed permit area is greater than 15 acres, the approval of both the county and the Commission is required.
On an application that involves an area greater than 15 acres, the Commission must decide on the request within 45 days after receipt of the complete record of the proceeding held by the County. Five affirmative votes are required to approve such a request.
Denial or modification of a Special Use Permit is appeal able to the circuit court of the circuit in which the land is situated.
See §205-6 HRS and Subchapter 12 HAR
Declaratory Rulings (“DR”)
The declaratory ruling process allows, by petition of an interested person, the Commission to address the applicability of any statutory provision or of any rule or prior order of the Commission. The Commission can on its own motion or upon request issue a declaratory order to terminate a controversy or to remove uncertainty. Upon receipt of a petition for declaratory order, the Commission has 90 days within which to either deny the petition in writing or issue a declaratory order or set the matter for a hearing. If the matter is scheduled for a hearing, then the Commission shall render findings and decision within 120 days after the close of the hearing. The commission, for good cause may refuse to issue a declaratory order. One example of a reason why the Commission might refuse, for good cause, to issue a declaratory order would be that it might affect the interests of the Commission in a litigation that is pending or may reasonably be expected to arise.
Declaratory Orders Flowchart (pdf)
See: Chapter 15-15 (HAR §15-15-99 to §15-15-104) and HRS §91-8.
Important Agriculture Lands (“IAL”)
In 2005, the Legislature passed Act 183 / HB 1640, which provided for farmers or landowners to petition the LUC for designation of land as Important Agricultural Lands (“IAL”) using the Commission declaratory ruling process.
IAL are lands in Hawaiʻi that are identified and designated for their long-term value and potential for agricultural production. Under Subchapter 17 of HAR Chapter 15-15, the Land Use Commission may approve a petition for IAL designation only if it finds, by a clear preponderance of the evidence, that the designation aligns with the policies of HRS Chapter 205 and meets specific criteria. These include whether the land is actively used for farming, has high-quality soil and favorable growing conditions, is classified as highly productive under systems like ALISH (Agricultural Lands of Importance to the State of Hawaiʻi), or is traditionally associated with Native Hawaiian agricultural practices such as taro farming. Additional considerations include the availability of sufficient water resources, consistency with county land use plans, the role of the land in supporting broader agricultural productivity, and proximity to necessary infrastructure like roads, water, and power.
Important Agricultural Land (“IAL”) information from State Department of Agriculture (“DOA”)
See Chapter 15-15 (HAR §15-15-120 to §15-15-128) and Chapter 205 (HRS §205-41 to §205-52).
Fifteen Acre Rule
In an effort to streamline the decision-making process, the law was amended in 1985 to allow applicants for land use changes of 15 acres or less to apply directly to the counties. The Commission, therefore, no longer handles such requests except when the lands are situated within the Conservation District.
All amendments approved by the counties are submitted to the State Land Use Commission Office in Honolulu for revision of the Official State Land Use District Boundaries Maps.
Affordable Housing Projects
Projects which qualify under §201H-38, HRS, as affordable housing projects benefit from a “fast track” procedure whereby petitions for district boundary amendment are required to be heard and decided upon within 45 days after the filing of a petition.
Quasi-Judicial Proceedings
The Land Use Commission’s decision-making process is quasi-judicial, meaning it follows procedures similar to those used in courts to ensure due process for affected parties. Individuals or organizations directly involved in or impacted by a proceeding may participate as “parties” and may represent themselves, use an authorized representative, or be represented by an attorney.
Those with direct, distinguishable interests may petition to intervene and, if granted, become formal parties to the case. Interveners pay a nominal fee and are granted rights such as presenting and cross-examining witnesses, and appealing decisions to the Circuit Court. Others may also apply for leave to intervene, provided their position is not substantially similar to an existing party.
The petitioner, the Office of Planning and Sustainable Development (“OPSD”), and the relevant County Planning Department are mandatory parties in all proceedings.
Communication with Commission members outside the formal process is strictly regulated. Unauthorized oral or written contact – known as ex parte communication – is prohibited under Commission rules (HAR §15-15-62).
The Land Use Law outlines general procedures for reviewing district boundary amendments and special use permits, while the Commission’s administrative rules provide detailed guidance for conducting these reviews.
Decision-Making Criteria
The Land Use Law requires the Commission to specifically consider the following criteria in review of any petition for a boundary amendment Decision-Making Criteria Matrix for Reclassification of District Boundaries:
- Conformity to the goals, objective and policies of the Hawaiʻi State Plan (Chapter 226, HRS) and the Functional Plans adopted pursuant to the State Plan.
- Extent to which the proposed reclassification conforms to the applicable district standards (Chapter 250-2, HRS).
- Impacts on the following State concerns:
- Preservation or maintenance of important natural systems or habitats
- Maintenance of valued cultural, historical and natural resources
Ka Pa’akai O Ka ‘Ᾱina v. Land Use Commission - Maintenance of other natural resources relevant to Hawaiʻi economy, including but not limited to agriculture resources
- Commitment of state funds and resources
- Provision for employment opportunities and economic development; and
- Provisions for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups
- The standards and criteria for the reclassification or rezoning of important agricultural lands in section (Chapter 205-50, HRS)
- The county general plan and all community, development, or community development plans adopted pursuant to the county general plan, as they relate to the land that is the subject of the reclassification petition; and
- The representations and commitments made by the petitioner in securing a boundary change.
- Sustainability in Land Use Planning. LUC filing requirement in HAR §15-15-50 (24) and (25) per Chapter 225-P, HRS The Hawaiʻi Climate Change Mitigation and Adaptation Initiative
- The impacts of sea level rise on the proposed development·
- Infrastructure adaptations to address the impacts of climate change including sewer, water, and roadway improvements
- The overall carbon footprint of the proposed development and any mitigation measures or carbon footprint reductions proposed
- The location of the proposed development and the threats imposed to the proposed development by sea level rise, based on the maps and information contained in the Hawaiʻi Sea Level Rise Vulnerability Adaptation report and the proposed mitigation
Furthermore, the Commission must take into account the General Plan of the respective County (and all community, development, and community development plans adopted pursuant to the General Plan); and, where applicable, the objectives, polices and guidelines of the State Coastal Zone Management Law (Chapter 205A, HRS).