THE SENATE	S.B. NO.	877
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HISTORIC PRESERVATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that there is cultural value in historic preservation.  This value is the basis for the State need to provide efficient review of building permit applications by each county department of planning and the state historic preservation division of the department of land and natural resources for appropriate classification of residential properties listed or eligible for listing on the Hawaii register of historic places.

     The legislature further finds that Hawaii law provides that any building, structure, object, district, area, or site over fifty years old is considered historic property.  Further, current application of historic preservation law requires review by the state historic preservation division prior to the granting of permits for proposed projects on historic properties.  This requirement, in certain instances, has delayed the granting of permits, which has had a negative impact on development.

     Concerns have been raised especially due to the increasing numbers of private residences that are or will soon be fifty years old.  Beginning around 1950, and particularly after 1960, was a period of growth in construction of housing to accommodate the State's rapidly growing population.  Some of these residences are of historic or cultural value, while others are not.  Furthermore, some building projects requiring permitting have no effect on the historic property.  Therefore, it is necessary to focus the State's limited resources on only those building projects that will affect historic property.

     The purpose of this Act is to:

     (1)  Direct the state historic preservation division to temporarily redirect its resources to conduct a survey of potential historic districts and single-family residences for eligibility for listing on the Hawaii register of historic places and categorically exclude on a temporary basis certain single-family residences from the definition of "historic property";

     (2)  Direct the state historic preservation division to:

         (A)  Conduct a survey to identify potential historic districts and single-family residences that may be eligible for listing on the Hawaii register of historic places; and

         (B)  Notify the property owner of the property's potential eligibility for listing on the Hawaii register of historic places; and

     (3)  Require the state historic preservation division to submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2018.

     The building industry and each county planning department are encouraged to monitor and report to the legislature on the impact of the survey and property owner notification requirement on the building permit application review process.

     SECTION 2.  Section 6E-2, Hawaii Revised Statutes, is amended by amending the definition of "historic property" to read as follows:

     ""Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old[.]; provided that privately owned single-family residences fifty years or older shall only be considered historic properties for the purposes of this chapter if the residence is listed on the Hawaii register of historic places, is nominated for listing on the Hawaii register of historic places, or is located in a historic district."

     SECTION 3.  (a)  The state historic preservation division of the department of land and natural resources shall:

     (1)  Conduct a survey to identify potential historic districts and single-family residences that may be eligible for listing on the Hawaii register of historic places; and

     (2)  Notify the property owner of the possible eligibility of the property being listed on the Hawaii register of historic places.

     (b)  The state historic preservation division of the department of land and natural resources shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2018.  The report shall include the results of the division's compliance with subsection (a), including the number and types of properties examined and determined likely to be included on the Hawaii register of historic places, as well as the number of owners contacted.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050; provided that this Act shall be repealed on December 31, 2018, and section 6E-2, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.

 

 

Report Title:

Department of Land and Natural Resources; State Historic Preservation Division; Historic Property; Historic Property Survey; Definition

 

Description:

Amends the definition of "historic property" to require that fifty-year-old privately owned single family residences be considered historic properties for purposes of chapter 6E, Hawaii Revised Statutes, only if the property is listed or eligible for listing on the Hawaii register of historic places or is located in a historic district.  Requires the state historic preservation division of the department of land and natural resources to conduct a survey on properties eligible for listing on the Hawaii register of historic places and to provide owners of historic property with notice of the property's likely eligibility.  Requires a report to the legislature.  Effective 7/1/2050.  Repeals 12/31/2018.  (SD2)

 

 

 

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