Bill Text: HI SR149 | 2024 | Regular Session | Introduced

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Bill Title: Urging Each Of The County Councils To Adopt Supplemental Rules Pursuant To Section 514b-6, Hawaii Revised Statutes, To Ensure Conformance Of Condominium Property Regimes To The Purposes And Provisions Of County Zoning And Development Ordinances And Chapter 205, Hawaii Revised Statutes, Including Section 205-4.6, Hawaii Revised Statutes, Where Applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-25 - Re-Referred to GVO. [SR149 Detail]

Download: Hawaii-2024-SR149-Introduced.html

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THE SENATE	S.R. NO.	149
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

SENATE RESOLUTION

 

 

urging each of the county councils to adopt supplemental rules pursuant to section 514b-6, Hawaii revised statutes, to ensure conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances and chapter 205, Hawaii Revised Statutes, including section 205-4.6, Hawaii Revised Statutes, where applicable.

 

 

     WHEREAS, there has been growing interest in developing agricultural lands in the Kunia area; and

 

     WHEREAS, while this provides land developers with a process to reduce front-end costs of selling agricultural lands, it often thwarts the long-term viability of these "units", as master planning is absent, particularly with respect to supporting county infrastructure; and

 

     WHEREAS, condominium property regime laws do not require county approval of the condominium property regime, which inhibits a county's ability to plan, regulate, and enforce its agricultural plans, goals, and infrastructure services; and

 

     WHEREAS, section 205-4.5(f), Hawaii Revised Statutes, specifically allows agricultural land developers to bypass county subdivision requirements, which promotes the condominium property regime process over the county subdivision process; and

 

     WHEREAS, certain farms are building residential structures without county permitting when they are only allowed to build structures without permitting or to code if they are agricultural buildings and structures that are exempted by section 46-88, Hawaii Revised Statutes; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that each county council is urged to adopt supplemental rules pursuant to section 514B-6, Hawaii Revised Statutes, to ensure the conformance of condominium property regimes to the purposes and provisions of county zoning and development ordinances and chapter 205, Hawaii Revised Statutes, including section 205-4.6, Hawaii Revised Statutes, where applicable; and

 

     BE IT FURTHER RESOLVED that the City and County of Honolulu is requested to regulate and enforce land use ordinances in the Kunia area; and

 

     BE IT FURTHER RESOLVED that the City and County of Honolulu is requested to create a process to demolish buildings and structures in the Kunia area if they are deemed to be illegal; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Mayor of the City and County of Honolulu, Director of the Department of Planning and Permitting of the City and County of Honolulu, and Chair of each county council.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

City and County of Honolulu; Counties; Land Use; Agriculture; Condominium