Hawaiʻi’s Land Use Commission is Critical
Courtesy of luc.hawaii.gov
What the LUC Does
The Hawaiʻi Land Use Commission (LUC) helps to determine how land in Hawaiʻi can be used, following Hawaiʻi's Land Use Law, state plans, and the public interest. By carefully reviewing land use plans, environmental studies, and other data, the commission ensures that critical state and public concerns—such as Native Hawaiian traditional and customary practices, food security, affordable housing, and climate resilience—are considered in land use decisions and district boundary changes.
Since land is limited in the islands, the LUC ensures it is used in ways that benefit both people and the environment, recognizing that each decision can have lasting effects on surrounding communities, ecosystems, and future generations.
The LUC shares land use responsibilities with the counties. The commission oversees district boundary changes for parcels larger than 15 acres, while counties handle changes for parcels 15 acres or smaller. However, their decision-making processes differ significantly.
Who sits on the Land Use Commission
There are nine commissioners appointed to the LUC by the governor. At least one member represents each county, one member must have expertise in traditional Hawaiian land usage and knowledge of cultural land practices, and the remaining members are at-large, all with an expertise in an area relevant to land use. Commissioners serve four-year terms on a voluntary basis and cannot hold another public office. You can see the current commissioners here.
Land Uses in Hawaiʻi
Hawaiʻi Land Use Law classifies all lands in the State of Hawaiʻi into one of four land use districts: urban, rural, agricultural, and conservation.
Urban uses: Typically includes housing, businesses, schools and public buildings, infrastructure, and mixed-use areas. County ordinances determine what can be built or done in urban areas.
Rural uses: Small farms and agriculture, low density residential lots, parks and open spaces, and golf courses.
Agricultural uses: Large scale agriculture and livestock, agricultural research and development, aquaculture, wind energy production, solar energy production.
Conservation: The most restricted land use, allowing very little development. Lands set aside for preserving scenic and historic sites, conserving indigenous or endemic plants, fish, and wildlife, and areas necessary for protecting watersheds and water sources.
Land owners that wish to use their land in ways that are inconsistent with their land use designation may need to petition the LUC for a district boundary amendment. The LUC then has the responsibility and authority to impose conditions that protect the public trust and the public interest in their development proposals.
The LUC’s Decision Making Process is Critical and Unique
The LUC follows a thorough and comprehensive process to identify and reduce potential impacts on Hawaiʻi’s resources and people. This process ensures due process and accountability for those seeking to change district boundaries.
The LUC’s decision-making process for parcels larger than 15 acres is significantly different from the counties’ process for smaller parcels. By law, the LUC must assess how proposed land use changes affect Native Hawaiian rights, cultural practices, and natural resources. It must also ensure that land use aligns with state and county plans while upholding the public trust by considering:
The protection of natural and agricultural resources,
The preservation of cultural, historical, and environmental sites,
Employment and economic development opportunities, and
Affordable housing needs.
In contrast, county-level decisions must only align with state and county plans while following county ordinances and priorities. Because the LUC must consider a broader range of factors, its process is far more rigorous and transparent, ensuring both due process and accountability.
Due process means that anyone affected by LUC decisions must receive adequate notice and the opportunity to be heard, and may include contested case hearings.
Accountability requires the LUC to issue clear findings and conclusions on how a land use amendment impacts Native Hawaiian customary rights and other key concerns.
Why the LUC Must be Defended
The LUC’s process ensures fair, thorough, and accountable land use decisions that protect Hawaiʻi’s limited resources, cultural heritage, and public trust. Without the LUC’s comprehensive process, critical protections for agricultural lands, natural resources, and affordable housing could be weakened, leading to unchecked development that harms communities and ecosystems. Additionally, dismantling or weakening the LUC would erode due process and accountability, stripping residents of their constitutional right to be heard in land use decisions that affect their lives, environment, and cultural practices.
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