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| Hawaiʻi State Planning Act | |
|---|---|
| Name | Hawaiʻi State Planning Act |
| Enacted | 1978 |
| Jurisdiction | State of Hawaiʻi |
| Status | current |
Hawaiʻi State Planning Act The Hawaiʻi State Planning Act is a 1978 law enacted by the Hawaiʻi State Legislature to establish a statewide policy framework for land use and resource management across the Hawaiian Islands, including Oʻahu, Maui, Kauaʻi, Hawaiʻi (island), and Lānaʻi. It created a formal set of objectives and policies intended to guide decisions by agencies such as the Department of Land and Natural Resources, the Office of Planning (Hawaiʻi), and county planning departments in Honolulu, Hilo, Kahului, and other population centers. The Act interacts with landmark statutes and planning instruments including the Hawaiʻi State Constitution, the Hawaiʻi Land Use Law, and the Coastal Zone Management Act.
The Act was passed in the context of the 1970s environmental and land use reforms that followed controversies involving projects at Kahoʻolawe, Molokai Ranch, and proposed developments near Waimea Canyon and Mākaha. Influences included litigation such as cases before the Hawaiʻi Supreme Court and federal decisions emerging from National Environmental Policy Act implementation; advocates included groups like The Trust for Public Land, The Nature Conservancy (U.S.), and local organizations such as Kahea: The Hawaiian-Environmental Alliance. Legislative sponsors drew on models from the California Coastal Commission and regional planning efforts in Puget Sound and Maui County Planning Department to craft statewide goals.
The Act sets out statewide objectives to balance development, conservation, cultural preservation, and infrastructure, referencing historic sites such as ʻIolani Palace and natural resources like Kīlauea and Nā Pali Coast State Park. Key principles include protection of native species exemplified by work on Nēnē restoration, stewardship of traditional Hawaiian rights linked to the Office of Hawaiian Affairs, coordination among agencies such as the Department of Transportation (Hawaiʻi) and Department of Agriculture (Hawaiʻi), and promoting sustainable tourism as practiced in destinations like Waikīkī and Hāna.
The Act established a framework of statewide objectives and policies, requiring preparation of implementing rules and publications by the Office of Planning (Hawaiʻi), and coordination with county instruments like the Honolulu General Plan, the Maui Island Plan, the Kauaʻi County General Plan, and zoning administered by county councils such as the Maui County Council. Components include planning districts modeled after regions such as East Hawaiʻi, Leeward Oʻahu, and Molokaʻi, and policy chapters addressing natural resources, infrastructure (including ports like Port of Honolulu and airports such as Daniel K. Inouye International Airport), and cultural resources associated with entities like Bishop Museum.
Administration involves the Office of Planning (Hawaiʻi), consultation with the Hawaiʻi State Legislature, and execution by agencies such as the Department of Health (Hawaiʻi) for environmental quality, the Department of Hawaiian Home Lands for native rights, and county planning departments in Kāneʻohe and Lāhainā. Implementation tools include statewide land use districting under Hawaiʻi Revised Statutes, environmental review processes similar to Environmental Impact Statement procedures, and incentives linked to programs run by organizations such as the Hawaiʻi Housing Finance and Development Corporation and the Hawaiʻi Tourism Authority.
Since enactment, the Act has been shaped by amendments and related legislation such as revisions influenced by decisions of the United States Supreme Court on property and regulatory takings, state statutes updating coastal protections, and coordination with programs like the Endangered Species Act planning for species on Kauaʻi and Molokaʻi. Legislative sessions in the Hawaiʻi State Legislature and policy shifts following events such as the eruption at Kīlauea (2018) prompted updates to hazard planning, while litigation involving Kakina (case law) and development disputes on West Maui led to statutory clarifications.
The Act reshaped land use planning across islands, affecting projects from resort expansion in Kāʻanapali to agricultural conversions on Molokaʻi Farm Lands, and fueling debates involving stakeholders such as Native Hawaiian communities, conservation groups like Sierra Club (U.S.), developers represented by organizations like the Hawaiʻi Association of REALTORS®, and agencies including the Department of Business, Economic Development & Tourism (DBEDT). Controversies have included tensions over private-public partnerships at sites like Puʻukoholā Heiau, disputes about affordable housing developments in Kapolei, and conflicts over military land use involving United States Pacific Command installations and training areas.
The Act operates alongside the Hawaiʻi State Constitution, the Hawaiʻi Land Use Law (including the Land Use Commission (Hawaiʻi)), the Coastal Zone Management Act at federal and state levels, county general plans such as the Honolulu Development Plan, and resource protection laws including the Native American Graves Protection and Repatriation Act as applied through the Hawaiʻi Historic Preservation Division. It is integrated with federal programs administered by agencies like the United States Fish and Wildlife Service for habitat conservation, the Federal Emergency Management Agency for hazard mitigation, and regional initiatives involving entities such as the Pacific Islands Forum.
Category:Law of Hawaiʻi