HAR §15-15-17. Districts; district maps

(a) In order to effectuate the purposes of chapter 205, HRS, all the lands in the State shall be divided and placed into one of 'the four land use districts: (1) "U" urban district; (2) "A" agricultural district; (3) "C" conservation district; or 15-19 3 3 51 , ... §15-15-17 ( 4) · "R" rural district. (b) The boundaries of land use districts are shown on the maps entitled "Land Use District Boundaries, dated December 20, 1974," as amended, maintained and under the custody of the commission. Not all ocean areas and offshore and outlying islands of the State in the conservation district are shown when deemed unnecessary to do so. [Eff 10/27/86; am and c~~~ 6/J%lg; am and comp 5/8/00; comp 11/2/2013; comp UL, 1 ts ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §§91-2, 205-2) §15-15-18 Standards for determining 11 U11 urban district boundaries. Except as otherwise provided in this ch~pter, in determining the boundaries for the "U" urban district, the following standards shall be used: ( 1) ( 2) It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses; It shall take into consideration the following specific factors: (A) Proximity to centers of trading and employment except where the development would generate new centers of trading and employment; . (B) Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, and police and fire protection; and (C) Sufficient reserve areas for foreseeable urban growth; (3) It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, .tsunami, unstable soil condition, and other adverse environmental effects; 15-20 3) 51 §15-15-19 (4) Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, particularly when indicated for future urban use on st.ate or county general plans or county community plans or development plans; (5) It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans or county community plans or development plans; (6) It may include lands which do not conform to the standards in paragraphs (1) to (5): (A) When surrounded by or adjacent to existing urban development; and (B) Only w~en those lands represent a minor portion of this district; (7) It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services; and (8) It may include lands with a general slope of twenty per cent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, weltare and safety, and the public's interests in the aesthetic quality of the landscape. [Eff 10/27/86; am and comp 8/16/97Ac~omp 5/8/00; am and comp 11/2/2013; comp U I f 8 2019 ] (Auth: HRS §§205-1, 2 0 5 - 2 , 2 0 5 - 7 ) ( Imp : HRS § 2 0 5 - 2 ) §15-15-19 Standards for determining "A" agricultural district boundaries. Except as otherwise provided in this chapter, in determining the 15-21 3 3 51 I I §15-15-19 boundaries for tI:te "A" agricultural district, the following standards shall apply: (1) It shall include lands with a high papacity for agricultural production; (2) It may include lands with significant potential for grazing or for other agricultural uses; (3) It may include lands surrounded by or contiguous to agricultural lands or which are not suited to agricultural and ancillary activities by reason of topography, soils, and other related characteristics; and (4) It shall include all lands designated important agricultural lands pursuant to part III of chapter 205, HRS. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp 11/2/2013; comp OCT 1 8 2019 ] (Auth: HRS §§205-1, 205-2, 205-7) (Imp: HRS §205-2) §15-15-20 Standards for determining "C" conservation district boundaries. Except as otherwise provided in this chapter, in determining the boundaries for the "C" conservation district, the following standards shall apply: (1) It.shall include lands necessary for protecting watersheds, ~ater resources, and water supplies; (2) It may include lands susceptible to floods and soil erosion, lands undergoing major erosion damage and requiring corrective attention by the state and federal government, and lands nece~sary for the protection of the health and welfare of the public by reason of the land's susceptibility to inundation by tsunami and flooding, to volcanic activity, and 15-22 3 3 51 §15-15-20 landslides; (3) It may include lands used for national or state parks; (4) It shall include lands necessary for the conservation, preservation, and enhancement of scenic, cultural, historic, or archaeologic sites and sites of unique physiographic or ecologic significance; (5) It shall include lands necessary for providing and preserving parklands, wilderness and beach reserves, for conserving natural ecosystems of indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered, and for forestry and other related activities to these uses; (6) It · shall include lands having an elevation below the shoreline as stated by section 205A-1, HRS, marine waters, fish ponds, and tidepools of the State, and accreted portions of lands pursuant to sections 501- 33 and 669-1, HRS, unless otherwise designated on the land use district maps. All offshore and outlying islands of the State ar~ classified conservation unless otherwise designated on the land use district maps; (7) It shall include lands with topography, soils, climate, or other related environmental factors that may not be normally adaptable or presently needed for urban, rural, or agricultural use, except when those lands constitute areas not contiguous to the conservation district; (8) It may include lands with a general slope of twenty per cent or more which provide for open space amenities or scenic values; and (9) It may include lands suitable for farming, flower gardening, operation of nurseries or orchards, growing of commercial timber, grazing, hunting, and recreational uses including facilities accessory to those uses 15-23 3 3 51 i~ §15-15-20 when the facilities are compatible with the natural physical environment. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp 11/2/2013; comp OCT 1 8 2019 ] (Auth: HRS §§205-1, 205-2, 205-7) (Imp: HRS §205-2) §15-15-21 Standards for determining "R" rural district boundaries. Except as otherwise provided in this chapter, in determining the boundaries for the "R" rural district, the following standards shall apply: ( 1) ( 2) ( 3) Area_s consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single .family dwelling per one-half acre in areas where "city-like" concentrations of people, structures, streets, and urban levels of services are ·absent, and where small farms are intermixed with the low-density residential lots; and It may also include parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. [Eff 10/27/86; am and comp 8/16/97; com~ 5/8/00; am and comp 11/2/2013; comp ·uCT f 8 2019 ] (Auth: HRS §§205-1, 205-2, 205-7) (Imp: HRS §205-2)