Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 8 - DECISION-MAKING CRITERIA FOR BOUNDARY AMENDMENTS › Section 15-15-77 - Decision-making criteria for boundary

Current through June, 2024
(a) The commission
				  shall not approve an amendment of a land use district boundary unless the
				  commission finds upon the clear preponderance of the evidence that the proposed
				  boundary amendment is reasonable, is not violative of section
				  205-2,
				  HRS, and is consistent with the policies and criteria established pursuant to
				  sections
				  205-16,
				  205-17,
				  and
				  205A-2,
				  HRS.
(b) In its review of any
				  petition for amendment of district boundaries pursuant to this chapter, the
				  commission shall specifically consider the following:
(1) The extent to which the proposed boundary
				  amendment conforms to the applicable goals, objectives, and policies of the
				  Hawaii state plan and relates to the applicable priority guidelines of the
				  Hawaii state plan and the adopted functional plans;
(2) The extent to which the proposed boundary
				  amendment conforms to the applicable district standards;
(3) The impact of the proposed boundary
				  amendment on the' following areas of state concern:
(A) Preservation or maintenance of important
				  natural systems or habitats;
(B)
				  Preservation and maintenance of valued cultural resources and activities, and,
				  historical, or natural resources, including water resource uses;
(C) Maintenance of other natural resources
				  relevant to Hawaii's economy including, but not limited to agricultural
				  resources;
(D) Commitment of state
				  funds and resources;
(E) Provision
				  for employment opportunities and economic development; and
(F) Provision for housing opportunities for
				  all income groups, particularly the low, low-moderate, and gap
				  groups;
(4) In
				  establishing the boundaries of the districts in each county, the commission
				  shall give consideration to the general plan, and community, development, or
				  community development plans of the county in which the land is
				  located;
(5) The representations
				  and commitments made by the petitioner in securing a boundary amendment,
				  including a finding that the petitioner has the necessary economic ability to
				  carry out the representations and commitments relating to the proposed use or
				  development;
(6) Lands in intensive
				  agricultural use for two years prior to date of filing of a petition or lands
				  with a high capacity for intensive agricultural use shall not be taken out of
				  the agricultural district unless the commission finds either that the action:
(A) Will not substantially impair actual or
				  potential agricultural production in the vicinity of the subject property or in
				  the county or State; or
(B) Is
				  reasonably necessary for urban growth; and
(7) In considering boundary amendments for
				  lands designated important agricultural lands pursuant to part III, chapter
				  205, HRS, the commission shall specifically consider the standards and criteria
				  set forth in section
				  205-50,
				  HRS.