A survey of significant land use and planning legislation, judicial opinions, and land use commission activities in 2013.
These materials supported a lecture on the impacts these developments in the law will have on project proponents, regulators, consultants, and the interested public.
Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide ...Jesse Souki
What: NRS Monthly Speaker Series: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System
What: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System
When: Tuesday, May 28, 2013, 12:00 p.m. to 1:00 p.m.
Where: HSBA Conference Room (10th Floor, Alakea Corporate Tower, 1100 Alakea Street)
Who: Jesse K. Souki, Director, Office of Planning, State of Hawaii
Mr. Souki has advised and counseled public and private sector clients on projects related to residential mixed use, resorts, commercial and industrial, and public infrastructure development. His practice focuses on helping clients successfully navigate local, state, and federal policy and regulatory frameworks that affect land and ocean based development. He has served as Deputy Corporation Counsel to the Maui and Honolulu planning commissions and planning departments. As Director of the Office of Planning, his priorities include supporting the development of land and ocean based clean energy projects, climate change adaptation planning and implementation, and Smart Growth planning and development through transit-oriented development.
Recent Developments in Planning and Land Use Law 2021Jesse Souki
Presentation prepared for the annual Hawaii Congress of Planning Officials, Wednesday, October 6, 2021, 3:00 P.M.-4:30 P.M. Covers recent land use related legislation and case law in Hawaii from 2021.
2015 Hawaii Congress of Planning Officials -- AICP LawJesse Souki
Presentation for American Institute of Certified Planners (AICP) law credits at the 2015 Hawaii Congress of Planning Officials (HCPO). Pleasentation includes a overview of Hawaii's State Planning Act, implementing regulations, and recent case law.
By Jesse K. Souki, Esq.
TOD City Zoning, Permits, and Related Approval ProcessesJesse Souki
One of the largest public investments in the history of the City and County of Honolulu, the Honolulu Rail Transit project will fundamentally change how we live and do business. Transit-oriented development (TOD) will increase property values near transit stations by providing the opportunity to take advantage of frequent transit service. The project will allow an unprecedented opportunity to direct growth to Honolulu’s Urban Core (the most populated region of the state) away from agricultural, open space, and rural areas; stimulate urban renewal projects near the 21 proposed rail stations along the approximately 20-mile route; support cost-efficient, consolidated infrastructure; and increase housing affordability by reducing one of the highest costs in a Hawaii family’s budget: transportation.
This seminar will provide key insights and analysis from experts and thought leaders on policy, planning, law, and real estate market issues related to TOD.
RECENT DEVELOPMENTS IN PLANNING AND LAND USE LAWJesse Souki
This document summarizes recent developments in planning and land use law in Hawaii, including cases from the US Supreme Court, Hawaii Supreme Court, Intermediate Court of Appeals, and new legislation. Key highlights include: the County of Maui v. Hawaii Wildlife Fund case established a case-by-case analysis for Clean Water Act permits; legislative acts established buffers around landfills, prohibited coal power, allowed county inspections of agricultural buildings, and created a school facilities agency.
Leveraging the Honolulu Rail Transit Project for Economic Growth and Building...Jesse Souki
Presentation by Jesse K. Souki, Esq. of Imanaka-Asato LLLC on how to leverage the Honolulu Rail Transit Project for economic growth and building better communities.
Date: July 24, 2015
Place: Plaza Club 900 Fort Street Mall 20th Floor
Check-in/Networking: 11:45am-12:15pm
Lunch & Program: 12:15pm-1:30pm
Due Process Right to a "Clean and Healthful Environment"Jesse Souki
This document summarizes key information about contested cases in Hawaii land use and planning law. It discusses when contested cases are required by the Hawaii Administrative Procedures Act and constitutional due process. It provides examples from Hawaii Supreme Court cases that have found a right to a contested case hearing when claiming a property interest protected by the state constitution, such as traditional and customary practices. The document also outlines the requirements for contested case hearings, including the opportunity to be heard, submit evidence, and cross-examine witnesses. It notes some of the government agencies in Hawaii subject to contested cases in their decision-making processes.
REAL PROPERTY AND FINANCIAL SERVICES, PART 1
Regulatory Takings After Knick
2020 Virtual Bar Convention | Hawaii State Bar Association
Friday, October 16, 2020 | 9:00 AM -12:00 PM
Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide ...Jesse Souki
What: NRS Monthly Speaker Series: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System
What: Measures that Passed the 27th Legislature and Will Affect Hawaii's Statewide Land Use and Planning System
When: Tuesday, May 28, 2013, 12:00 p.m. to 1:00 p.m.
Where: HSBA Conference Room (10th Floor, Alakea Corporate Tower, 1100 Alakea Street)
Who: Jesse K. Souki, Director, Office of Planning, State of Hawaii
Mr. Souki has advised and counseled public and private sector clients on projects related to residential mixed use, resorts, commercial and industrial, and public infrastructure development. His practice focuses on helping clients successfully navigate local, state, and federal policy and regulatory frameworks that affect land and ocean based development. He has served as Deputy Corporation Counsel to the Maui and Honolulu planning commissions and planning departments. As Director of the Office of Planning, his priorities include supporting the development of land and ocean based clean energy projects, climate change adaptation planning and implementation, and Smart Growth planning and development through transit-oriented development.
Recent Developments in Planning and Land Use Law 2021Jesse Souki
Presentation prepared for the annual Hawaii Congress of Planning Officials, Wednesday, October 6, 2021, 3:00 P.M.-4:30 P.M. Covers recent land use related legislation and case law in Hawaii from 2021.
2015 Hawaii Congress of Planning Officials -- AICP LawJesse Souki
Presentation for American Institute of Certified Planners (AICP) law credits at the 2015 Hawaii Congress of Planning Officials (HCPO). Pleasentation includes a overview of Hawaii's State Planning Act, implementing regulations, and recent case law.
By Jesse K. Souki, Esq.
TOD City Zoning, Permits, and Related Approval ProcessesJesse Souki
One of the largest public investments in the history of the City and County of Honolulu, the Honolulu Rail Transit project will fundamentally change how we live and do business. Transit-oriented development (TOD) will increase property values near transit stations by providing the opportunity to take advantage of frequent transit service. The project will allow an unprecedented opportunity to direct growth to Honolulu’s Urban Core (the most populated region of the state) away from agricultural, open space, and rural areas; stimulate urban renewal projects near the 21 proposed rail stations along the approximately 20-mile route; support cost-efficient, consolidated infrastructure; and increase housing affordability by reducing one of the highest costs in a Hawaii family’s budget: transportation.
This seminar will provide key insights and analysis from experts and thought leaders on policy, planning, law, and real estate market issues related to TOD.
RECENT DEVELOPMENTS IN PLANNING AND LAND USE LAWJesse Souki
This document summarizes recent developments in planning and land use law in Hawaii, including cases from the US Supreme Court, Hawaii Supreme Court, Intermediate Court of Appeals, and new legislation. Key highlights include: the County of Maui v. Hawaii Wildlife Fund case established a case-by-case analysis for Clean Water Act permits; legislative acts established buffers around landfills, prohibited coal power, allowed county inspections of agricultural buildings, and created a school facilities agency.
Leveraging the Honolulu Rail Transit Project for Economic Growth and Building...Jesse Souki
Presentation by Jesse K. Souki, Esq. of Imanaka-Asato LLLC on how to leverage the Honolulu Rail Transit Project for economic growth and building better communities.
Date: July 24, 2015
Place: Plaza Club 900 Fort Street Mall 20th Floor
Check-in/Networking: 11:45am-12:15pm
Lunch & Program: 12:15pm-1:30pm
Due Process Right to a "Clean and Healthful Environment"Jesse Souki
This document summarizes key information about contested cases in Hawaii land use and planning law. It discusses when contested cases are required by the Hawaii Administrative Procedures Act and constitutional due process. It provides examples from Hawaii Supreme Court cases that have found a right to a contested case hearing when claiming a property interest protected by the state constitution, such as traditional and customary practices. The document also outlines the requirements for contested case hearings, including the opportunity to be heard, submit evidence, and cross-examine witnesses. It notes some of the government agencies in Hawaii subject to contested cases in their decision-making processes.
REAL PROPERTY AND FINANCIAL SERVICES, PART 1
Regulatory Takings After Knick
2020 Virtual Bar Convention | Hawaii State Bar Association
Friday, October 16, 2020 | 9:00 AM -12:00 PM
Information for Cuyahoga County applicants to the Clean Ohio Green Space Conservation Program
This presentation was shown at workshops on August 15 and 16, 2017.
http://www.countyplanning.us/services/grant-programs/clean-ohio-conservation-greenspace-program/
Fundamental Skills for Real Estate Development Professionals II – Project Ent...Virtual ULI
The document summarizes a presentation on project entitlements for real estate development professionals. It discusses what entitlements are, why they are important, and the process of obtaining approvals from governmental entities. The entitlement process involves multiple layers of regulation from comprehensive plans and zoning to permits. Factors like density, design, environmental impacts, and civic engagement can influence negotiating entitlements. Case studies demonstrate challenges in obtaining approvals.
Fundamental Skills for Real Estate Development Professionals II. Con't Projec...Virtual ULI
The document provides an overview of the project entitlement process, outlining key steps like obtaining approvals from local planning departments through zoning, permits, and developing strategic initiatives to engage the community such as emphasizing sustainability and smart growth. It also presents a case study of a successful entitlement process for a large development project that eliminated residential uses in response to community concerns and incorporated public recreation opportunities.
Presentation to the American Planning Association-Hawaii Chapter, January 9, 2013, by Jesse K. Souki, Director, State of Hawaii Office of Planning. NOTE: DOWNLOAD SLIDES TO VIEW TRANSITIONS.
Executive Summary: The purpose and intent of the planning/land use laws of Hawaii are timeless, but the systems that implement these laws may need to change. On the one hand, the state is doing well in some areas, but on the other hand, people (e.g., developers, environmentalists, native Hawaiians, communities) seem to be unhappy with how the system works.
We should consider changing/modernizing the system to better achieve the original purpose and intent of the statewide planning/land use laws. This means calling the regulators, the regulated, and representatives of the various public interests to the table to rethink how we plan and develop in Hawaii. The problem needs to be addressed holistically from top to bottom. The occasional tweak of the land use law here and there is not productive, judging from recent outcomes. The law is a complex tapestry, picking at the threads can have unintended consequences for all involved. The inquiry must be disciplined and balance the need for both economic development and stewardship.
If the Office of Planning is to take a central role in this process, it needs to be properly funded. Currently the office leverages large amounts of federal funding for its work to supplement a historic disinvestment by the legislature and previous administrations.
1. The document summarizes a presentation on recognizing indigenous customary land tenure in Cambodia. It discusses Cambodia's indigenous peoples, relevant national and international laws, CIPO's experience with communal land titling, and challenges faced.
2. Key points include an overview of Cambodia and its indigenous groups, laws recognizing customary tenure and collective ownership, the communal land titling process, and lessons learned from titled communities.
3. However, recognition of indigenous rights remains a struggle, with gaps between laws and development models negatively impacting indigenous communities through issues like land encroachment and lack of enforcement.
Several bills were introduced relating to flood planning, notification, and preparedness as well as eminent domain reform. For flood issues, bills addressed statewide planning and funding, creating notification systems for dam releases and disasters, and conducting local infrastructure studies. Reforms for eminent domain included new meeting requirements, survey notice standards, clarifying "actual progress" criteria, and allowing landowners to recover damages from adjacent easement uses.
The City Council of Alamo Heights held a regular meeting on March 14, 2022 to discuss establishing a Property Assessed Clean Energy (PACE) program. The PACE program would provide long-term, low-cost loans for energy efficiency and water conservation projects for commercial properties. After hearing from an AACOG representative about how the program works, Council voted 3-2 to approve a resolution establishing the PACE program. They then discussed and approved an interlocal agreement authorizing AACOG to administer the voluntary PACE program for Alamo Heights.
“The ordinary man is much more likely to the right thing if he really understands why he is doing it, and what will probably happen if he does something else; and the best basis for sound judgment is a knowledge of what has been done in the past, and with what results.”
--- Sir John Cotesworth Slessor, Marshal of the Royal Air Force, GCB, DSO, MC, Senior Commander, Royal Air Force, Chief of the Air Staff from 1950 to 1952
The document outlines the key components and major enhancements of an enhanced municipal zoning ordinance (MZO). It discusses base zones and overlay zones, allowable uses and regulations for each zone, and performance standards for environmental protection, agriculture, green spaces, and infrastructure. It also covers administration and enforcement procedures, including requirements for development permits, locational clearance, business permits, and occupancy permits. The major enhancements include additional definitions, integrated protection of coastal and forest lands, thematic overlay zones, and strengthened compliance and consistency measures.
On May 11, 2011, MAPC hosted a symposium on the subject of land pooling. For more info, visit our Landpooling Resource Guide: http://www.mapc.org/resources/landpooling
The document discusses potential redevelopment activities in the Borough of Leonia focused on improving economic development. The goals of the projects are to make better use of available land, increase commercial and residential space to expand the tax base and reduce taxes, and encourage more walkable and transit-oriented development. The process for redevelopment requires an area in need of redevelopment study and allows opportunities for public participation. Frequently asked questions are answered about property rights, potential plans for the area, and next steps in the process.
The document provides an update on recent developments in planning and environmental law from cases heard in UK courts. Key topics covered include:
- Interpretation of policies around development in the Green Belt and assessing housing needs.
- Requirements for local authorities to demonstrate they have objectively assessed housing needs and are cooperating with neighboring authorities to address needs.
- Challenges to neighborhood plan examinations and screening of strategic environmental assessments.
- Enforcement cases regarding inspectors' powers to permit alternative development schemes.
The Board of County Commissioners agenda for July 8, 2014 includes:
1) Presentations on the 2014 Neighborhoods and Neighbor of the Year awards and on the BigBendBiz.com website.
2) Consent items such as minutes approval, appointments, property agreements, and budget items.
3) A public hearing on refinancing a capital improvement bond and considering revisions to commercial land uses in rural zoning districts.
4) General business items like development proposals, committee appointments, and status reports on topics like tourism advertising and infant mortality.
This is the presentation given by Mark Swartout, Natural Resources Program Manager for Thurston County, at the February 19 Nisqually River Council meeting.
How Decisions Are Made in the Planning Framework By David Roemergbeltalliance
Land use decisions in California are guided by a planning framework established in state laws and local regulations. A developer first submits an application to the local planning department, which reviews the project and performs an environmental analysis. The developer then presents the project to the local planning commission, which takes public input into account. The commission ultimately decides to approve the project, require changes, or deny it. Key elements of the planning framework include the California Environmental Quality Act, climate change laws, general plans consisting of mandatory elements, zoning ordinances, and regulations governing subdivisions and other land use issues.
Swim Drink Fish submission regarding Bill C-69LOWaterkeeper
This submission to the Standing Committee on Environment and Sustainable Development is offered to help its review of Bill C-69, which includes major transformations to the environmental assessment process as well as improvements to navigation protections.
This document summarizes key aspects of the legal and institutional framework for land use and resource development in the Philippines. It outlines the country's constitution, which establishes state ownership of natural resources, and laws governing energy development, including those allowing for foreign investment. The document also discusses important laws related to energy projects, such as those protecting indigenous peoples' rights and the environment. Overall, the legal framework emphasizes the state's control over natural resources and requirements for engaging communities and obtaining necessary permits.
Comprehensive planning is an essential framework for housing and urban development. It involves creating a comprehensive development plan that covers the entire local jurisdiction, incorporates national policies, and is based on analysis of socioeconomic, physical and environmental data. It contains multi-sectoral goals, plans and projects for production, settlements development and protection. A key component is the land use plan, which designates the future use of public and private land based on the planned organization of activities and transportation. The objectives of land use planning include promoting efficient land use, influencing decisions, reconciling land use conflicts, and protecting agricultural and environmentally sensitive areas. The process involves data collection, analysis, goal setting, generating alternative strategies, and adopting, implementing and monitoring
This document provides an overview of land management practices and policies in Kenya. It discusses the different types of land tenure systems and rights of ownership, including leasehold, private, public and community land. It also outlines some key areas of land management such as land adjudication, the land market, inheritance, and access to land for investment. The presentation identifies the various players involved in land management, as well as tools used like GPS and GIS. It further discusses relevant land management policies and performs a SWOT analysis. Recommendations are provided on best practices, including implementing a land information system and harmonizing existing land laws.
Banktrack, International Rivers, FIVAS m. fl. 2009. Rapporten viser at problemene med Theun-Hinboun-prosjektet i Laos (driftet og delvis eid av Statkraft) fortsetter å hope seg opp. Rapporten viser at prosjektet har brutt både laotisk lovgivning og bankenes egne miljøstandard. 4.000 urfolk blir tvangsflyttet som følge av prosjektet.
The document discusses the development of public transportation in Honolulu over time, from streetcars and trains to the current bus system and upcoming rail system. It describes how the rail system will integrate with other transportation networks and change how people get around the island. It also explains how transit-oriented development around rail stations will help manage growth, encourage walkable communities, and accommodate development in a sustainable way.
Elias Rizk is a Training Manager for Altayer Group in Dubai. He has over 12 years of experience in retail management and training. His responsibilities include organizing and delivering product knowledge training, maintaining regional training plans, and implementing new initiatives. Previously he worked in senior sales roles for Mamas and Papas and Harvey Nichols, and owned a women's clothing store in Lebanon. He is fluent in Arabic, English, and French with intermediate Russian skills.
Information for Cuyahoga County applicants to the Clean Ohio Green Space Conservation Program
This presentation was shown at workshops on August 15 and 16, 2017.
http://www.countyplanning.us/services/grant-programs/clean-ohio-conservation-greenspace-program/
Fundamental Skills for Real Estate Development Professionals II – Project Ent...Virtual ULI
The document summarizes a presentation on project entitlements for real estate development professionals. It discusses what entitlements are, why they are important, and the process of obtaining approvals from governmental entities. The entitlement process involves multiple layers of regulation from comprehensive plans and zoning to permits. Factors like density, design, environmental impacts, and civic engagement can influence negotiating entitlements. Case studies demonstrate challenges in obtaining approvals.
Fundamental Skills for Real Estate Development Professionals II. Con't Projec...Virtual ULI
The document provides an overview of the project entitlement process, outlining key steps like obtaining approvals from local planning departments through zoning, permits, and developing strategic initiatives to engage the community such as emphasizing sustainability and smart growth. It also presents a case study of a successful entitlement process for a large development project that eliminated residential uses in response to community concerns and incorporated public recreation opportunities.
Presentation to the American Planning Association-Hawaii Chapter, January 9, 2013, by Jesse K. Souki, Director, State of Hawaii Office of Planning. NOTE: DOWNLOAD SLIDES TO VIEW TRANSITIONS.
Executive Summary: The purpose and intent of the planning/land use laws of Hawaii are timeless, but the systems that implement these laws may need to change. On the one hand, the state is doing well in some areas, but on the other hand, people (e.g., developers, environmentalists, native Hawaiians, communities) seem to be unhappy with how the system works.
We should consider changing/modernizing the system to better achieve the original purpose and intent of the statewide planning/land use laws. This means calling the regulators, the regulated, and representatives of the various public interests to the table to rethink how we plan and develop in Hawaii. The problem needs to be addressed holistically from top to bottom. The occasional tweak of the land use law here and there is not productive, judging from recent outcomes. The law is a complex tapestry, picking at the threads can have unintended consequences for all involved. The inquiry must be disciplined and balance the need for both economic development and stewardship.
If the Office of Planning is to take a central role in this process, it needs to be properly funded. Currently the office leverages large amounts of federal funding for its work to supplement a historic disinvestment by the legislature and previous administrations.
1. The document summarizes a presentation on recognizing indigenous customary land tenure in Cambodia. It discusses Cambodia's indigenous peoples, relevant national and international laws, CIPO's experience with communal land titling, and challenges faced.
2. Key points include an overview of Cambodia and its indigenous groups, laws recognizing customary tenure and collective ownership, the communal land titling process, and lessons learned from titled communities.
3. However, recognition of indigenous rights remains a struggle, with gaps between laws and development models negatively impacting indigenous communities through issues like land encroachment and lack of enforcement.
Several bills were introduced relating to flood planning, notification, and preparedness as well as eminent domain reform. For flood issues, bills addressed statewide planning and funding, creating notification systems for dam releases and disasters, and conducting local infrastructure studies. Reforms for eminent domain included new meeting requirements, survey notice standards, clarifying "actual progress" criteria, and allowing landowners to recover damages from adjacent easement uses.
The City Council of Alamo Heights held a regular meeting on March 14, 2022 to discuss establishing a Property Assessed Clean Energy (PACE) program. The PACE program would provide long-term, low-cost loans for energy efficiency and water conservation projects for commercial properties. After hearing from an AACOG representative about how the program works, Council voted 3-2 to approve a resolution establishing the PACE program. They then discussed and approved an interlocal agreement authorizing AACOG to administer the voluntary PACE program for Alamo Heights.
“The ordinary man is much more likely to the right thing if he really understands why he is doing it, and what will probably happen if he does something else; and the best basis for sound judgment is a knowledge of what has been done in the past, and with what results.”
--- Sir John Cotesworth Slessor, Marshal of the Royal Air Force, GCB, DSO, MC, Senior Commander, Royal Air Force, Chief of the Air Staff from 1950 to 1952
The document outlines the key components and major enhancements of an enhanced municipal zoning ordinance (MZO). It discusses base zones and overlay zones, allowable uses and regulations for each zone, and performance standards for environmental protection, agriculture, green spaces, and infrastructure. It also covers administration and enforcement procedures, including requirements for development permits, locational clearance, business permits, and occupancy permits. The major enhancements include additional definitions, integrated protection of coastal and forest lands, thematic overlay zones, and strengthened compliance and consistency measures.
On May 11, 2011, MAPC hosted a symposium on the subject of land pooling. For more info, visit our Landpooling Resource Guide: http://www.mapc.org/resources/landpooling
The document discusses potential redevelopment activities in the Borough of Leonia focused on improving economic development. The goals of the projects are to make better use of available land, increase commercial and residential space to expand the tax base and reduce taxes, and encourage more walkable and transit-oriented development. The process for redevelopment requires an area in need of redevelopment study and allows opportunities for public participation. Frequently asked questions are answered about property rights, potential plans for the area, and next steps in the process.
The document provides an update on recent developments in planning and environmental law from cases heard in UK courts. Key topics covered include:
- Interpretation of policies around development in the Green Belt and assessing housing needs.
- Requirements for local authorities to demonstrate they have objectively assessed housing needs and are cooperating with neighboring authorities to address needs.
- Challenges to neighborhood plan examinations and screening of strategic environmental assessments.
- Enforcement cases regarding inspectors' powers to permit alternative development schemes.
The Board of County Commissioners agenda for July 8, 2014 includes:
1) Presentations on the 2014 Neighborhoods and Neighbor of the Year awards and on the BigBendBiz.com website.
2) Consent items such as minutes approval, appointments, property agreements, and budget items.
3) A public hearing on refinancing a capital improvement bond and considering revisions to commercial land uses in rural zoning districts.
4) General business items like development proposals, committee appointments, and status reports on topics like tourism advertising and infant mortality.
This is the presentation given by Mark Swartout, Natural Resources Program Manager for Thurston County, at the February 19 Nisqually River Council meeting.
How Decisions Are Made in the Planning Framework By David Roemergbeltalliance
Land use decisions in California are guided by a planning framework established in state laws and local regulations. A developer first submits an application to the local planning department, which reviews the project and performs an environmental analysis. The developer then presents the project to the local planning commission, which takes public input into account. The commission ultimately decides to approve the project, require changes, or deny it. Key elements of the planning framework include the California Environmental Quality Act, climate change laws, general plans consisting of mandatory elements, zoning ordinances, and regulations governing subdivisions and other land use issues.
Swim Drink Fish submission regarding Bill C-69LOWaterkeeper
This submission to the Standing Committee on Environment and Sustainable Development is offered to help its review of Bill C-69, which includes major transformations to the environmental assessment process as well as improvements to navigation protections.
This document summarizes key aspects of the legal and institutional framework for land use and resource development in the Philippines. It outlines the country's constitution, which establishes state ownership of natural resources, and laws governing energy development, including those allowing for foreign investment. The document also discusses important laws related to energy projects, such as those protecting indigenous peoples' rights and the environment. Overall, the legal framework emphasizes the state's control over natural resources and requirements for engaging communities and obtaining necessary permits.
Comprehensive planning is an essential framework for housing and urban development. It involves creating a comprehensive development plan that covers the entire local jurisdiction, incorporates national policies, and is based on analysis of socioeconomic, physical and environmental data. It contains multi-sectoral goals, plans and projects for production, settlements development and protection. A key component is the land use plan, which designates the future use of public and private land based on the planned organization of activities and transportation. The objectives of land use planning include promoting efficient land use, influencing decisions, reconciling land use conflicts, and protecting agricultural and environmentally sensitive areas. The process involves data collection, analysis, goal setting, generating alternative strategies, and adopting, implementing and monitoring
This document provides an overview of land management practices and policies in Kenya. It discusses the different types of land tenure systems and rights of ownership, including leasehold, private, public and community land. It also outlines some key areas of land management such as land adjudication, the land market, inheritance, and access to land for investment. The presentation identifies the various players involved in land management, as well as tools used like GPS and GIS. It further discusses relevant land management policies and performs a SWOT analysis. Recommendations are provided on best practices, including implementing a land information system and harmonizing existing land laws.
Banktrack, International Rivers, FIVAS m. fl. 2009. Rapporten viser at problemene med Theun-Hinboun-prosjektet i Laos (driftet og delvis eid av Statkraft) fortsetter å hope seg opp. Rapporten viser at prosjektet har brutt både laotisk lovgivning og bankenes egne miljøstandard. 4.000 urfolk blir tvangsflyttet som følge av prosjektet.
The document discusses the development of public transportation in Honolulu over time, from streetcars and trains to the current bus system and upcoming rail system. It describes how the rail system will integrate with other transportation networks and change how people get around the island. It also explains how transit-oriented development around rail stations will help manage growth, encourage walkable communities, and accommodate development in a sustainable way.
Elias Rizk is a Training Manager for Altayer Group in Dubai. He has over 12 years of experience in retail management and training. His responsibilities include organizing and delivering product knowledge training, maintaining regional training plans, and implementing new initiatives. Previously he worked in senior sales roles for Mamas and Papas and Harvey Nichols, and owned a women's clothing store in Lebanon. He is fluent in Arabic, English, and French with intermediate Russian skills.
Manhattan Community Board Land Use TrainingGale A. Brewer
This document provides an overview of land use and zoning in New York City. It discusses the origins of zoning from the 1916 Zoning Resolution, which established height and use controls. It describes the mechanics of zoning, including zoning maps, districts, use groups, and density. It also outlines the public review process for land use, including environmental review, ULURP, and the roles of the Department of City Planning, Community Boards, Borough President, City Planning Commission, and City Council.
AIR POLLUTION CONTROL course material by Prof S S JAHAGIRDAR,NKOCET,SOLAPUR for BE (CIVIL ) students of Solapur university. Content will be also useful for SHIVAJI and PUNE university students
AIR POLLUTION CONTROL course material by Prof S S JAHAGIRDAR,NKOCET,SOLAPUR for BE (CIVIL ) students of Solapur university. Content will be also useful for SHIVAJI and PUNE university students
This document discusses various methods for controlling air pollution from industrial sources. It covers the following key points:
1. Particulate control equipment like cyclones, fabric filters, electrostatic precipitators, and scrubbers are discussed along with the collection mechanisms used by each like inertia, gravity settling, centrifugal forces, etc.
2. Process modifications can also control air pollution by switching to lower emission fuels, changing operational practices, and implementing good housekeeping.
3. The overall efficiency of control systems connected in series is calculated by taking the product of the individual efficiencies, with smaller particles being harder to remove efficiently.
This document summarizes soil characteristics of different pedons from research stations in Maharashtra, India. It includes physical and chemical properties as well as morphological characteristics. The soils are classified as Typic Haplusterts, Typic Haplustepts, and Typic Ustorthents. Land use recommendations are provided based on soil type and slope to promote sustainable agriculture through suitable cropping systems and agroforestry.
Kenya Land Use Planning and the Need for GIS in County Spatial Planning - Mat...Mathenge Mwehe
1) Kenya is devolving spatial planning responsibilities to county governments according to the new constitution, requiring each county to develop a 10-year GIS-based spatial plan.
2) Existing land management systems in Kenya rely on outdated manual records and lack integrated GIS applications, but efforts are underway to develop a national land information management system.
3) A geospatial society of Kenya is being established to promote GIS development and help establish a national spatial data infrastructure, with the goal of supporting county spatial planning through GIS training and resources.
AIR POLLUTION CONTROL course material by Prof S S JAHAGIRDAR,NKOCET,SOLAPUR for BE (CIVIL ) students of Solapur university. Content will be also useful for SHIVAJI and PUNE university students
Definition of Zoning,Land use planning,Urban planning,Urban and regional planning,Regional planning,Zones,Zone planning,Land use planning in india,objectives of land use planning,objectives of zone planning
Historically, land use patterns were shaped by factors like transportation corridors along waterways and the industrial revolution driving rural to urban migration. Over time, problems arose from unplanned growth such as loss of agricultural land, transportation issues, and lack of open space. Effective land use planning involves assessing an area's unique features, projecting needs, and developing implementation strategies to balance competing uses while protecting valuable resources and environments. National policies aim to manage public lands for multiple sustainable uses.
This chapter discusses environmental economics and concepts such as private vs social costs, market externalities, determining optimal pollution levels, property rights approaches to pollution, and policies to reduce pollution like cap and trade systems. It provides learning objectives on these topics and outlines how governments are using tools like emissions caps and carbon allowance trading to reduce greenhouse gas emissions. The chapter also examines issues regarding endangered species as common property resources.
Land use planning refers to allocating land resources for different uses consistent with development goals. It involves classifying land, determining suitable land uses, and regulating development through tools like zoning maps and land use plans. The objectives are to promote efficient land use, reconcile conflicts, and guide sustainable development patterns. Land use planning organizations at the national, regional, and local levels coordinate to classify land and guide land allocation and conversion nationally and within their jurisdictions.
This document discusses sedimentation and settling tank design. It covers types of settling, zones in settling tanks, ideal settling conditions, design of settling basins, inlet and outlet arrangements, types of settling tanks including rectangular and circular, and objective and theory questions related to settling tank design and performance. Key factors discussed include overflow rate, flow velocity, detention time, settling velocity, and factors that affect settling efficiency such as turbulence.
The document defines and describes five main types of pollution: air, water, noise, land, and radioactive. It provides details on the causes and effects of each type of pollution, as well as some methods to prevent or reduce pollution. The five types of pollution covered are air (from vehicles, industries), water (from organic and inorganic wastes), noise (from traffic, construction, industries), land (from mining, waste, urbanization), and radioactive (from nuclear power and waste). The document emphasizes that pollution harms human health, other living things, and the environment.
Climate Change Adaptation Policy for HawaiiJesse Souki
State of Hawaii Office of Planning's presentation to Society for Marketing Professional Services (SMPS) Hawaii Chapter. Climate Change Adaptation Panel Speakers were Elizabeth “Liz” Fischer, RLA, ASLA, APA, IALEM, Emergency Coordinator, U.S. Department of Transportation Federal Highway Administration Hawaii; John Marra, U.S. Regional Climate Services Director, Pacific Region, U.S. National Oceanic and Atmospheric Administration, National Climate Data Center; and Jesse K. Souki, Director, Hawaii State Office of Planning.
Water Resource Demand and Supply: Hawaii’s Statewide Planning and Land Use Fr...Jesse Souki
Presentation to the 2013 Hawaii Water Works Association
Annual Conference, October 23 – 25, 2013, at Makena Beach and Golf Resort.
The presentation gives an overall look at Hawaii's statewide land use and planning law and specifically where water resource is considered by decision-makers.
The document provides an overview of a board workshop discussing the history of the Bay-Delta and proposals for addressing conflicts, including the Bay-Delta Conservation Plan (BDCP). It summarizes the purpose and status of the BDCP, which aims to restore the Delta ecosystem and provide water supply reliability. It also outlines four alternatives that will be reviewed by the Water Authority: the BDCP preferred alternative, the no action alternative, the NRDC's portfolio-based conceptual alternative, and the Delta Vision Foundation's BDCP Plus strategy. Key differences between the alternatives include proposed conveyance capacity, additional water supply elements, estimated Delta export yields, habitat restoration acreage, and costs.
This document provides a summary of groundwater-related bills passed during the 84th Regular Session of the Texas Legislature. Key bills addressed desired future conditions appeals, aquifer storage and recovery permitting, brackish groundwater production zones, permit renewals with groundwater conservation districts, GCD board member liability, water well driller apprenticeships, and disclosure requirements for property sellers about GCDs. Other bills addressed TWDB aquifer mapping, ownership of groundwater rights, and GCD creation and boundary expansions.
The document provides an update from the Texas Water Development Board including information on reservoir storage levels, which are currently at 83.7% of conservation capacity, applications received for the State Water Implementation Fund for Texas (SWIFT) totaling over $5.2 billion, and impacts from the 84th Legislative Session including bills related to brackish groundwater development, regional water planning, and an appeals process for desired future conditions.
Mechanics of hb 4 freese nichols_engineeringsandraduhrkopp
The document discusses Texas state water planning and financing mechanisms, including an overview of past legislation around water planning, projected water needs and shortages, and details of House Bill 4 which proposes to create funds to finance water management strategies in the state water plan through voter approval of dedicating funds and using bonding authority.
This was submitted on October 5th 2009 to the Joint Agency Review Team reviewing the Mount Nemo Quarry. I also provided the experts minutes from OMB case PL071044 to illustrate how a certain firm signed off on the fact their own data was insufficient. I have been monitoring the practices of this agency over years in different locations and have found consistencies in testing methods that result in undermined hydrogeological risks.
Updates from the Texas General Land Office - Mark HavensTWCA
The document provides information about the Texas General Land Office (GLO) and its management of public lands and mineral rights in Texas to generate revenue for the Permanent School Fund. It discusses how the GLO leases land for oil and gas development, groundwater usage, and other purposes. It also describes the GLO's role in administering disaster recovery funds from Hurricane Harvey and developing a state flood mitigation plan.
Mechanics of hb 4 texas waterlawcle_10.07.2013sandraduhrkopp
House Bill 4 creates a financing mechanism for implementing the 2012 State Water Plan by establishing two funds, the State Water Implementation Fund for Texas (SWIFT) and the State Water Implementation Revenue Fund for Texas (SWIRFT). A $2 billion transfer from the Rainy Day Fund would capitalize SWIFT, which could then leverage additional funding through bonding. Projects funded would focus on water conservation, reuse, and supporting rural communities. Applicants must have water conservation plans and regional project prioritization considers factors like need, feasibility, and cost-effectiveness. The TWDB prioritizes based on additional criteria like local funding and emergency need. This financing structure aims to increase Texas' water supply and implement projects to meet needs through
The document summarizes significant groundwater bills from the 85th Texas Legislative session. It discusses bills relating to desired future conditions appeals, aquifer storage and recovery permitting, brackish groundwater production zones, permit renewals with groundwater conservation districts, groundwater conservation district board member liability, water well driller apprentice programs, disclosure of groundwater conservation districts during property sales, groundwater conservation district permitting decisions, Texas Water Development Board aquifer mapping, and governmental transparency legislation.
2013 Florida Legislative Summary - Environmental and Water BillsThomas F. Mullin
The document summarizes key bills passed by the 2013 Florida legislature related to water resources, environmental regulation, and land use. Major topics included expanding funding for Everglades restoration, establishing numeric nutrient criteria, regulating onsite sewage systems, facilitating public-private partnerships, and reforming aspects of water management and permitting.
The document summarizes major legislative and policy changes made in Kansas to address declining water levels in the Ogallala Aquifer. It outlines new laws and programs established to incentivize voluntary water conservation, including Local Enhanced Management Areas (LEMAs) negotiated between the state, local groundwater management districts, and stakeholders. It also discusses the establishment of Water Conservation Areas and Water Technology Farms to demonstrate irrigation technologies. The changes aim to preserve the Ogallala Aquifer and were prompted by Governor Brownback making aquifer conservation a priority through public meetings and the development of a 50 Year Water Vision for Kansas.
The US Army Corps of Engineers provides infrastructure strategies in Texas, including navigation, inland waterways, hydroelectric power, water supply, regulatory work, recreation, and flood damage reduction projects. Robert Slockbower discusses regional priorities such as improving navigation on the Texas Coast and sustaining federal projects. The document also outlines lessons learned from flood events, opportunities from the Water Resources Reform and Development Act of 2014, and strategies for alternative financing and public communications.
Marine Planning in Hawaii: Challenges and OpportunitiesJesse Souki
The document discusses challenges and opportunities for marine spatial planning in Hawaii and the Pacific region. It outlines Hawaii's coastal management framework and various planning efforts. It also describes the formation of the Pacific Regional Ocean Partnership between Hawaii, American Samoa, Guam and CNMI to better coordinate on shared coastal and ocean resource issues through approaches like marine spatial planning.
The document summarizes Arkansas' process of updating its water plan to ensure a reliable water resource future for the state. It discusses why updating the 1990 water plan is important given changes in water usage and needs. It outlines the major technical elements to be included in the updated plan such as demand forecasting, supply availability analysis, and identifying any gaps. A stakeholder involvement process will provide input at key stages and the plan is scheduled for completion in November 2014.
This document summarizes the key aspects of the Bureau of Land Management's final rule regarding hydraulic fracturing on federal and Indian lands:
1) It improves public disclosure of fracturing operations and chemicals used while protecting trade secrets. Operators must disclose details to BLM and the public, using FracFocus.
2) It strengthens well construction standards to ensure integrity and protect water resources, requiring cement evaluation and remediation if needed.
3) It provides for interim storage of recovered fluids in closed tanks to contain them, with limited exceptions.
4) It aims to increase oversight and transparency without undue delays or costs for operators.
The document discusses the Water Resources Development Act (WRDA) and the role it plays in authorizing civil works projects for the U.S. Army Corps of Engineers. It notes that WRDA authorizations do not provide funding and that appropriations are still required for authorized projects and studies to proceed. The document provides a history of WRDAs since 1986 and highlights shifts toward more cost sharing with non-federal sponsors and consideration of environmental requirements. It also discusses the differences between the expansive Senate and more limited House versions of WRDA 2016 that were under consideration at the time. The briefing concludes with discussing potential next steps like collaborating with other water organizations and awaiting "no harm" language from the Senate committee.
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State of Affordable Housing in Hawaiʻi Show.ppsxJesse Souki
State of Affordable Housing in Hawaiʻi, 2022 VIRTUAL BAR CONVENTION, The Real Property & Financial Services Seminar, Wednesday, October 18, 2023, 9:00 a.m. – 12:15 p.m., Jesse K. Souki, www.hawaiilanduselaw.com
This document provides an overview and summary of administrative hearings and contested cases in Hawaii. It begins with an introduction to Jesse Souki and his background in administrative law. It then discusses where contested cases fit within the project approval process. The remainder of the document outlines key aspects of contested cases, including when they are required, basic information to prepare for a case, the hearing process, and standards for judicial appeals.
Future of Agriculture in Hawaii: Hawaii Land Use and Planning FrameworkJesse Souki
This document summarizes Hawaii's statewide planning framework and policies related to agriculture. It outlines the State Planning Act and State Land Use Law, which establish the statewide planning system and four land use districts (urban, rural, agricultural, conservation). The system aims to preserve important agricultural lands and guide development to appropriate areas. Key parts of the framework include functional plans, guidelines, land classifications like ALISH that identify important farmlands, and county general plans which must be consistent with statewide objectives. The State Land Use Commission oversees district boundaries and special permits, considering conformity with the overall system.
Navigating Change: Hawai‘i’s Approach to AdaptationJesse Souki
Report for the First Meeting of State, Local and Tribal Leaders Task Force on Climate Preparedness and Resilience December 10, 2013. Jacqueline Kozak Thiel, State Sustainability Coordinator, prepared this report for Governor Neil Abercrombie.
The Task Force web site is at https://www.whitehouse.gov/administration/eop/ceq/initiatives/resilience/taskforce.
Panel on Clean Energy and Transportation: Land Use EntitlementsJesse Souki
I recently had the pleasure of joining Michael Formby, Director of the Department of Transportation Services at the City & County of Honolulu, and Harrison Rue, Community Building and TOD Administrator for the City to discuss challenges and opportunities for transitioning to cleaner fuels and provide updates on TOD in Hawaii. The Natural Resources Section of the Hawaii State Bar Association sponsored the panel.
Hearing Date: April 8, 2015, 9:45 a.m.
Hearing Location: Room 221
Committee: Senate Committee on Ways and Means
Senate Committee on Judiciary and Labor
Testifier: Jesse K. Souki, Esq.
Bill: HB1075 HD2 SD1, Relating to Health
Description: Authorizes the Maui Regional System to enter into an agreement with a
private entity to transition one or more of its facilities into a new private
Hawaii nonprofit corporation
Position: Support
The document announces a 2015 Hawaii Land Use Law Conference to be held on January 15-16 at the YWCA Fuller Hall. The conference will feature a panel on regulating the conservation district moderated by Jennifer (Benck) Lim with panelists Dan Orodenker, Jesse Souki, and Bryan Yee. The panel will discuss guides and resources for understanding land use classification and permitting in Hawaii's conservation district, including state land use maps and the conservation district subzone system which delineates four permit categories from no permit to board permits.
Smart Growth ideas will help guide transit-oriented developmentJesse Souki
Jesse K. Souki, Smart Growth ideas will help guide transit-oriented development, Honolulu Star-Advertiser, Jan. 28, 2013.
Editorial by Jesse K. Souki, Director of the State of Hawaii Office of Planning.
Hot Topics: Transit Oriented DevelopmentJesse Souki
This presentation by the Director of the State of Hawaii Office of Planning provides an overview of transit-oriented development (TOD) definitions, examples, and planning efforts in Hawaii. It discusses key state policies that guide planning, including the Hawaii State Planning Act, State Land Use Law, and Coastal Zone Management Act. The presentation defines TOD, outlines its benefits, and reviews TOD examples from other cities. It also summarizes ongoing TOD planning efforts at the city and state level, including development of neighborhood TOD plans. Challenges to implementing TOD in Hawaii are noted.
Leveraging State Agency Involvement in Transit-Oriented Development to Streng...Jesse Souki
This report recommends ways that Hawaii state agencies can leverage TOD to maximize benefits to the State of Hawaii and, by extension, the people of Hawaii.
SOP testimony on HCR22 re creates a legislative task force on health transpor...Jesse Souki
State Office of Planning (SOP) supports the intent of House Concurrent Resolution 22 to integrate improving health through land use planning and transportation decisions. However, instead of creating a task force, SOP recommends using the existing statewide planning system.
Office of Planning testimony on SCR160/SR117 re creates a legislative task fo...Jesse Souki
According to the resolution title, the State of Hawaii legislature “urges the Office of Planning to establish a working group to determine potential parcels of land under the ownership of the State or the City and County of Honolulu where jurisdiction should be exchanged to facilitate specific missions.”
Office of Planning testimony in support of SB1171 re phased histoic preservat...Jesse Souki
This is a streamlining bill before the State of Hawaii's legislature that would not change the state or county's obligation to consult with the SHPD on "the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43." See HRS § 6E-8.
The State Office of Planning supports the Taro Security and Purity Task Force's proposal to conduct a survey of taro lands on Oahu. The project aims to create a map of traditionally used taro lands under state jurisdiction to identify areas suitable for restoration. This will help support sustainability and food security initiatives. The survey will locate and map lands through document research, interviews, and field surveys. The resulting maps and narratives could help various government agencies with land use decisions and protect these culturally significant areas.
Office of Planing Letter of Support re Build ActJesse Souki
Letter of support to Hawaii's Senator Schatz re the Brownfields Utilization, Investment, and Local Development (BUILD) Act of 2013, which would amend and reauthorize the brownfields funding authority for federal brownfields grant programs.
Office of Planning Presentation re National Estuarine Research Reserve Site D...Jesse Souki
The document outlines Hawaii's process for selecting and designating a site for the National Estuarine Research Reserve System (NERRS). It discusses the purpose and goals of the NERRS, provides an overview of the designation process, and details Hawaii's site evaluation and selection schedule. Stakeholders can expect open communication and involvement in all phases of the process, including developing selection criteria, evaluating potential sites, selecting a preferred site, delineating boundaries, and developing a management plan.
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Land Use Law Update Presentation to the Hawaii State Congress of Planning Officials 2013
1. State Land
Use and
Planning
Law Update
Hawaii State Congress
of Planning Officials
September 20, 2013
Presentation by
Jesse K. Souki, Director
Office of Planning
State of Hawaii
3. Why was the Office created?
• Fix responsibility and accountability to
successfully carry out statewide planning
programs, policies, and priorities
• Improve the efficiency and effectiveness of the
operations of the executive branch
• Ensure comprehensive planning and coordination
to enhance the quality of life of the people of Hawaii
Source: HRS §225M-1.
4. Why Plan?
• Meet the physical, economic, and social needs of
Hawaii's people
• Provide for the wise use of Hawaii's resources in a
coordinated, efficient, and economical manner
• Conserve natural, environmental, recreational,
scenic, historic, and other limited and irreplaceable
resources which are required for future
generations
Source: HRS §225M-1.
5. What does OP do?
1. State comprehensive planning and program
coordination
2. Strategic planning
3. Planning coordination and cooperation
4. Statewide planning and geographic information
system (GIS)
5. Land use planning
6. Coastal and ocean policy management
7. Regional planning and studies
8. Regional, national, and international planning
Source: HRS §225M-2.
6. Regulatory Activities
• Some SMA Approvals.Reviewing and issuing of
special management area permits for projects
within the Hawaii community development districts
• CZM Determinations. Reviewing and issuing of
Coastal Zone Management (CZM) Act federal
consistency determinations for certain federal
actions and activities
• LUC Recommendations. Developing and
presenting the position of the State in all boundary
change petitions and proceedings before the Land
Use Commission
Source: HRS Chapters 205, 205A, and 225M.
8. Hawaii
State
Planning
Act
Hawaii Revised Statutes
Chapter 226 (1978)
• Serves as a guide for the future long-
range development of the State
• Identifies the goals, objectives,
policies, and priorities for the State
• Provides a basis for determining
priorities and allocating limited
resources, such as public funds,
services, human resources, land,
energy, water, and other resources
• Improves the coordination of federal,
state, and county plans, policies,
programs, projects, and regulatory
activities
• Establishes a system for plan
formulation and program coordination
to provide for an integration of all
major state, and county activities
9. A STATEWIDE PLANNING SYSTEM
Part I: Overall Theme, Goals, Objectives and Policies
Population
Economy
Physical
environment
Facility systems
Socio-cultural
advancement
Part III: Priority Guidelines
Economic
Population Growth
Crime and criminal
justice
Affordable housing
Education
Sustainability
Climate Change
Adaptation
Part II: Statewide planning system
Functional plans
•Define and implement Parts
I and II
•Identify priority issues
•Implementing actions
County general plans
•Desired population
•Physical development
patterns
•Further define Parts I and II
State programs
•State budget
•Land Use Commission
•Board of Land and Natural
Resources
10. State Land
Use Law
Hawaii Revised Statutes
Chapter 205
• Purpose
• “preserve, protect and encourage the
development of the lands in the State for
those uses to which they are best suited
for the public welfare[.]” See L. 1961, c
187, § 1.
• Implementation Mechanisms
• 5-Year Boundary Review
• District Boundary Amendments
• Important Agricultural Lands
Designation
• State Special Use Permits
11. State Land Use Classifications
1969
U
3%
C
49%
A
48%
R
0%
2011
U
5%
C
48%
A
47%
R
0%
12.
13.
14. Coastal Zone
Management
Act
Hawaii Revised Statutes
Chapter 205A
• Purpose
• “provide for the effective
management, beneficial
use, protection, and development of the
coastal zone.” SeeL. 1977, c 188, § 1.
• Implementing Mechanisms
• Special Management Area Permits
• Federal Consistency
• Comprehensive Planning and
Coordination
16. Measures that Passed the 27th Legislature
That Affect Hawaii Land Use & Planning Laws
17. Act
12, SB479
SD2
RELATING TO THE
MEMBERSHIP OF A
METROPOLITAN PLANNING
ORGANIZATION.
• Updates the membership of the
Metropolitan Planning Organization
policy committee
• Add 14th Member:
• “One member who shall be the director of
the authority for rapid or mass
transportation, or a successor agency
thereof, that operates public
transportation on that island.” See HRS
§279E-3.
• Oahu MPO – required for federal
funding
• July 6, 2012, P.L. 112-141, Moving
Ahead for Progress in the21st Century
Act (MAP-21)
• MPO’s must include, “representation by
providers of public transportation.”
18. Act
38, HB1133
SD2
RELATING TO PUBLIC
LAND.
• Repeals HRS Chapter 171C, relating to
the Public Land Development
Corporation
• Transfers PLDC assets to the DLNR
• Purpose: “. . . to create a vehicle and
process to make optimal use of public
land for the
economic, environmental, and social
benefit of the people of Hawaii.”
• Reason for Repeal
• “achieving this goal requires a greater
respect for existing laws and procedures
and greater assurance”
• “county councils of Kauai and Maui have
adopted resolutions urging the legislature
to abolish”
19. Act
55, SB327
SD1 HD1
RELATING TO
AGRICULTURE.
• Amends the Hawaii State Planning Act (HRS
Chapter 226)
• Purpose: To specifically support the purchase and
consumption of locally grown food and food
products.
• Adds to Objectives and Policies (HRS §226-7)
• Strengthen diversified agriculture by developing an
effective promotion, marketing, and distribution system
between Hawaii's food producers and consumers in the
State, nation, and world.
• In addition to the State's priority on food, expand
Hawaii's agricultural base by promoting growth and
development of flowers, tropical fruits and
plants, livestock, feed grains, forestry, food
crops, aquaculture, and other potential enterprises.
• Promote economically competitive activities that increase
Hawaii's agricultural self-sufficiency, including the
increased purchase and use of Hawaii-grown food and
food products by residents, businesses, and governmental
bodies as defined under section 103D-104.
• Adds to Priority Guidelines (HRS §226-103)
• Encourage residents and visitors to support Hawaii's
farmers by purchasing locally grown food and food
products.
20. Act
85, SB1171
SD1 HD2
RELATING TO THE
REVIEW OF HISTORIC
PRESERVATION
PROJECTS.
• Amends HRS Chapter 6E (Historic
Preservation) to allow the phased
review of certain projects by SHPD
• Ensures consistency between state and
federal law
• "Programmatic agreement" means a
document that sets forth the terms of a
formal, legally binding agreement and
establishes a process for
consultation, review, and compliance
with federal laws.
• When Can Phased Review Be Used?
• The proposed project consists of corridors
or large land areas;
• Access to properties is restricted; or
• Circumstances dictate that construction be
done in stages.
21. Act
86, SB1207
HD2 CD1
RELATING TO
TRANSPORTATION.
• Adds Exemption to HRS Chapter 266 related
to Harbors
• “Exemption from conservation district
permitting and site plan approval
requirements. Notwithstanding any law to the
contrary, all work involving submerged lands used
for state commercial harbor purposes shall be
exempt from any permitting and site plan approval
requirements established for lands in a
conservation district.”
• DOT Harbor Jurisdiction
• “. . . commercial harbors and roadsteads, and all
commercial harbor and waterfront improvements
belonging to or controlled by the State, and all
vessels and shipping within the commercial
harbors and roadsteads shall be under the care and
control of the department of transportation.” See
HRS §266-1.
• Conservation District, HRS Chapter 183C
• Purpose: “. . . to conserve, protect, and preserve the
important natural resources of the State through
appropriate management and use to promote their
long-term sustainability and the public
health, safety and welfare.” See HRS §183C-1.
22. Act 120,
HB17 HD1
SD2
RELATING TO COASTAL
AREAS.
• Permanent extension of Act
160, Session Laws of Hawaii 2010
• Ensures public lateral access along
the shoreline by making permanent
the requirement that landowners
remove human-
induced, enhanced, or
unmaintained vegetation
interfering with such access
• Maintains DLNR's enforcement
duty to maintain such access
• Originally passed in response to
Diamond v. State, Board of Land and
Natural Resources, 112 Haw. 161
(2006).
23. Act 264,
HB635 HD2
SD1 CD1
RELATING TO
BROADBAND.
• Amends HRS Chapters 27 (State
Functions and Responsibilities) and
46 (County Organization and
Administration)
• Broadband-related permit
applications will be deemed
approved unless
• The State and counties take action within
sixty days (60)
• The State takes action within one
hundred forty-five (145) days re
conservation district use permits
• Application must be complete. If
incomplete, agency must notify
applicant within ten (10) days of
“submittal”
24. Act 151,
SB305 SD1
HD1 CD1
RELATING TO
DEVELOPMENT OF
PUBLIC HOUSING.
• Amends HRS 356D-11 (Hawaii Public
Housing Authority)
• “HPHA efforts focus on developing affordable
rental and supportive housing, public
housing and the efficient and fair delivery of
housing services to the people of Hawaii.”
Seehttp://www.hcdch.hawaii.gov.
• Bill Allows Authority to
• develop commercial and industrial properties and
sell or lease other properties
• if it determines that the uses will be an integral
part of the public housing development or a benefit
to the community in which the properties are
situated.
• The Authority may designate any portions of
the public housing development for
commercial, industrial, or other use
• Net proceeds of all sales or leases, less costs
to the authority, shall be deposited in the
public housing revolving fund
25. Act 233,
SB454 SD1
HD1
RELATING TO WATER
CONSERVATION.
• Purpose: To encourage the
widespread reuse of gray water to
irrigate lawns and gardens.
• Amends HRS Chapter 342D (Water
Pollution)
• "Gray water" means
• any untreated wastewater that has not
come into contact with toilet waste
• used water from bathtubs, showers, and
bathroom wash basins and water from
clothes washers and laundry tubs
• Authorizes DOH to allow expanded
uses of grey water
26. Legislative Trends
• Exemptions vs. Streamlining
• State vs. Federal Permitting
• Agriculture and Food Security
• Climate Change Adaptation
• Erosion of Administrative Law
28. Kaleikini v.
Yoshioka, SCAP-
11-
0000611, Haw. S.
Ct., May 2, 2013.
IT PAYS TO LITIGATE
• Awarded Appellate Attorney's Fees under
Private Attorney General Doctrine
• Court found in Kaleikini's favor on her HRS
chapter 6E claims in Kaleikini v.
Yoshioka, 128 Haw. 53 (2012).
• Private attorney general doctrine
• Strength or societal importance of the public
policy vindicated by the litigation,
• Necessity for private enforcement and the
magnitude of the resultant burden on the
plaintiff, and
• Number of people standing to benefit from the
decision.
• Awarded plaintiffs $41,192.00 in
attorney's fees and $343.00 in costs
against the City
• Request for attorney's fees against the
State barred by sovereign immunity
Learn more at http://hilanduse.blogspot.com/2013/05/hawaii-supreme-court-awards-appellate.html.
29. Kauai Springs v.
Planning
Commission of
the County of
Kauai, ICA No.
29440, April
30, 2013.
ADD THIS TO YOUR
LIST OF LEGISLATIVE
CRITERIA
• Whether “the Planning Commission had public
trust obligations to review Kauai Springs' use of
water[.]”
• “Whether the Planning Commission applied the
proper standards and criteria in reviewing the
application for the permits.”
• Kauai Planning Commission is charged with
evaluating land use proposals based on
consistency with existing zoning, allowed
uses, and conditions that mitigate impacts from
uses not permitted within the agricultural zone.
• ICA determined that under Article XI, section 1 of
the Hawaii Constitution, the Commission's duties
extend to public trust resources.
• ICA’s Test
• Commission should make appropriate assessments, and
• Require reasonable measures to protect the water
resources at issue.
• Commission must give the request a higher level
of scrutiny because public trust resources were to
be used for economic gain
Learn more http://hilanduse.blogspot.com/2013/05/intermediate-court-of-appeals-creates.html.
30. Kanahele v. Maui
County
Council, No.
SCWC-
29649, Haw. S.
Ct., Aug. 8, 2013.
AIN’T NO SUNSHINE –
TECHNICALLY
• Two bills related to the development of
Wailea 670 project
• Whether the ICA erred in holding that the
recessing and reconvening of the October
18, 2007 Committee meeting and the
February 8, 2008 Council meeting comported
with the notice and public oral testimony
requirements of the Sunshine Law.
• A single continuance without posting a new agenda
and without accepting public oral testimony at
every reconvened meeting does not violate
Sunshine Law
• Whether the Sunshine Law allows
councilmembers to circulate written
memoranda among all other members, in
which members present proposed
actions, include justifications for the
proposals, and seek ‘favorable consideration’
of the proposals.
• Violates Sunshine Law
• It does not violate final passage of the bills.
Learn more at http://hilanduse.blogspot.com/2013/08/aint-no-sunshine-when-youre-not-giving.html.
31. Koa Ridge/Waiawa
• Waipio and Waiawa
• 768 acs.
• Location
• East of H2
• East of Waipio Interchange
• Adjacent to NW of proposed Waiawa Ridge Development
• 5000 residential units; Mixed use project
• Majority Prime AG; Mostly LSB A and B
• Aloun Farms provided with alternate land
32. Ho‘opili
• West Oahu
• 1525 acs
• 11750 residential units; Mixed Use
• 84% Prime AG; 1/3 LSB A
• Aloun Farms and others will be relocated during build
out
• Ho‘opili urban agriculture initiative
• Community garden sites
• Farmers' markets throughout the development
• 15% of urbanized area preserved for AG uses
33. Koa Ridge
• Koa Ridge (1stDBA)
• Can a Commissioner Vote as a Holdover?
• Judge Sakamoto said No
• ICA Reversed
• Significant Facts and Findings of ICA
• Commissioner Kanuha failed to obtain
confirmation for 2nd term
• Petition approved 7-1
• Order adopted 6-0
• ICA Holding
• No disqualification under plain language of
HRS sec. 26-34(a), which limits board
appointments to
• 2 terms, and
• Not longer than 8 consecutive years.
• On appeal to Supreme Court
34. Ho‘opili
and Koa
Ridge II
Appeal
• Koa Ridge (2ndDBA)
• Judge Nishimura Upheld
• On appeal to ICA
• Ho‘opili
• Judge Nishimura Upheld
• On appeal to ICA
• Significant Findings of Nishimura
• Art. XI, sec. 3, is not self executing
• “conserve and protect agricultural lands”
• Act 183, codified as HRS sections 205-41 – 205-52
• DBA does not involve IAL
• Act 183 specifically excludes the lands at issue
since those lands have been designated for urban
uses
• Act 183 did not impose a moratorium on
reclassifications of land
• The reclassification meets the DBA criteria based
on the record
• Reasonably necessary for urban growth
• Will not substantially impair actual or potential
agricultural production in the vicinity, county, or state
35. Resources
Office of Planning
• (808) 587-2846
• jesse.k.souki@dbedt.ha
waii.gov
• planning.hawaii.gov
• www.facebook.com/Off
iceofPlanning.HIgov
• twitter.com/PlanningH
Igov
Other
• Hawaii Land Use and
Policy
Blog, hilanduse.blogspo
t.com
• State Land Use
Commission, luc.hawaii
.gov
• Court
Opinions, www.courts.s
tate.hi.us/opinions_and
_orders/index.html
35
Editor's Notes
Our Boss: The Governor What: Maintain an overall framework to guide the development of the State of Hawaii.How: Continuous process of comprehensive, long-range, and strategic planning.
We are a planning and policy office.Statewide coordination, e.g., Runoff issues, Community outreach, Interagency planning issues
BIA and DOT asked that the statute be limited to “existing” harbors. The legislature did not add that language.EPA, 343, Army CorpsPublic Trust, Kauai Springs v. Planning Commission of the County of Kauai, requires decision-makers to make appropriate assessments and require reasonable measures to protect public trust resources pursuant to Article XI, section 1 of the Hawaii Constitution.
1525 acs11750 residential units84% Prime AG1/3LSB AAloun Farms and others will be relocated during build out15% preserved for AG usesHo‘opili urban agriculture initiativeCommunity garden sites Farmers' markets throughout the development.