Hawaii 2025 Regular Session

Hawaii House Bill HB502

Introduced
1/21/25  
Refer
1/21/25  
Report Pass
2/10/25  

Caption

Relating To Land Use.

Summary

HB502 would create a temporary process allowing counties, by county council resolution, to petition the Hawaii Land Use Commission to redistrict certain lands from agricultural to rural districts through a declaratory ruling. The bill is aimed at small-lot agricultural subdivisions that were often created before the state land use law took effect in 1961 and that now contain single-family homes or lots intended for residential use rather than commercial agriculture. The bill limits eligibility to land that is not designated important agricultural land, is already developed for single-family residences, is subdivided into lots of one acre or less, and is part of an existing subdivision of at least ten contiguous lots. It also requires that the redistricting not harm agricultural use on the subject or neighboring lands, be consistent with the applicable county plan, include advance notice to affected lot owners, and receive review and recommendation from the Office of Planning and Sustainable Development. The Land Use Commission would have to act on complete petitions within 365 days and could deny petitions lacking sufficient evidence or raising significant public trust concerns. In practical terms, the bill would affect chapter 205, Hawaii Revised Statutes, by creating a narrow, time-limited exception to the normal agricultural-district redistricting process. It would give counties a new tool to regularize older residential subdivisions that are currently zoned agricultural but may no longer function as productive farmland, while preserving protections for important agricultural lands and nearby agricultural operations. The bill also directs the Land Use Commission to adopt implementing rules under chapter 91. The overall sentiment reflected in the bill text is supportive of local flexibility and land-use cleanup, with the legislature finding that some agricultural-district parcels are better suited to rural designation. Because there are no committee transcripts or recorded votes provided, there is no additional evidence of debate, amendments, or partisan division in the available record. The main point of potential contention is the balance between accommodating existing residential subdivisions and protecting agricultural land and the public trust. Concerns could arise over whether redistricting might weaken agricultural preservation, create precedent for converting farmland, or affect neighboring lands, which is why the bill includes multiple eligibility limits and gives the Land Use Commission authority to deny petitions in whole or in part.

Impact

HB502 would temporarily amend Hawaii’s land-use administration by authorizing county-initiated petitions to redistrict qualifying lands from agricultural to rural districts through the Land Use Commission’s declaratory ruling process. It would not automatically reclassify land, but it would create a new statutory pathway for certain preexisting small-lot residential subdivisions, while excluding important agricultural lands and requiring consistency with county plans, environmental review where applicable, and state-agency input. The bill would also require the Land Use Commission to adopt rules to implement the process and would sunset the authority on June 30, 2029.

Sentiment

The bill appears generally favorable toward counties seeking to regularize older residential subdivisions that sit in agricultural districts, and its findings frame the measure as a practical response to legacy land-use patterns. The available materials do not show recorded opposition or support from committee testimony or votes, so the only discernible sentiment is the bill’s own policy orientation: a limited, temporary, and controlled mechanism for redistricting rather than a broad relaxation of agricultural protections.

Contention

The likely contention centers on whether allowing redistricting from agricultural to rural districts could undermine farmland preservation or invite conversion pressure on agricultural lands. Supporters would likely emphasize that the bill is narrowly tailored to existing small-lot, single-family residential subdivisions and excludes important agricultural lands, while opponents or cautious stakeholders may worry about precedent, cumulative loss of agricultural district acreage, and the adequacy of safeguards such as the public trust review and county-plan consistency requirements.

Companion Bills

HI SB1079

Same As Relating To Land Use.

Similar Bills

HI HB502

Relating To Land Use.

HI HB2424

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