Land Use Commission briefs task force on contested‑case DBA process and timelines

State Land Use Commission staff told the task force how the district boundary amendment (DBA) process works and why petitions can take months even when the commission meets statutory deadlines.

Scott Derekson, chief planner for the Land Use Commission, said DBAs are quasi‑judicial contested‑case proceedings governed by HRS 205 and the commission’s administrative rules (chapter 15‑15). Petitioners bear the burden to show good cause and substantial evidence for a reclassification; the commission acts as a panel of adjudicators and requires notice and an opportunity to be heard for affected parties.

Derekson emphasized the statutory 365‑day decision window: the commission must render a decision within 365 days after a petition is deemed complete or the petition is automatically approved under HRS 91‑13.5, at which point a set of generic statutory conditions attaches. He said there is a limited legislatively allowed 90‑day extension; in his experience extensions are rare and typically requested by petitioners seeking more time to present evidence.

"If we don't render a decision in 365 days under state law, that petition gets automatically approved," Derekson said, adding that the commission’s staff work to ensure petitions are complete and to coordinate state and county comments to avoid procedural appeals.

Commission chair Brian (chair name as introduced) noted that approvals often require county zoning changes after state reclassification and that infrastructure and mitigation conditions — water, sewer, roads, schools or cultural protections — often remain as implementation items attached to approvals. He urged early coordination with the Office of Planning and Sustainable Development and the counties to reduce uncertainty for developers and communities.

Derekson said staff analysis of three decades of filings shows the commission’s internal processing from "deem complete" to final decision averages about four to six months, but added total timelines often look longer to project proponents because environmental review (chapter 343) and post‑approval litigation can precede or follow the commission record and add years.

Members asked whether the 15‑acre threshold (county can zone parcels under 15 acres without state DBA) remains appropriate; staff noted past legislative attempts to change the threshold and said proposals have not passed. The commission encouraged petitioners to use pre‑application reviews and pre‑hearing conferences to streamline contested‑case hearings where possible.

The task force directed the LUC PIG to supply guidance to PIG members about petition content, evidence expectations and how counties and petitioners can reduce procedural risk.