HAR §15-15-77. Decision-making criteria for boundary amendments

(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, not violative of section 205-2, HRS, and 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 reclassification of district boundaries pursuant to this chapter, the commission shall specifically consider the following: (1) The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawai`i state plan and relates to the applicable priority guidelines of the Hawai`i state plan and the adopted functional plans; (2) The extent to which the proposed reclassification conforms to the applicable district standards; (3) The impact of the proposed reclassification on the following areas of state concern: (A) Preservation or maintenance of important natural systems or habitats; (B) Maintenance of valued cultural, historical, or natural resources; (C) Maintenance of other natural resources relevant to Hawai`i’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 of the county in which the land is located; (5) The representations and commitments made by the petitioner in securing a boundary change, 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; and (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: - 39 - Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial (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. (c) Amendments of a land use district boundary in conservation districts involving land areas fifteen acres or less shall be determined by the commission pursuant to this subsection and section 205-3.1, HRS. (d) Amendments of land use district boundary in other than conservation districts involving land areas fifteen acres or less shall be determined by the appropriate county land use decision-making authority for the district. (e) Amendments of a land use district boundary involving land areas greater than fifteen acres shall be determined by the commission, pursuant to this subsection and section 205-3.1, HRS. [Eff 10/27/86; am and comp 8/16/97; comp May 08 2000] (Auth: HRS §§205- 1, 205-7) (Imp: HRS §§205-3.1, 205-4, 205-16, 205-17)