HCR348 HD1

HOUSE OF REPRESENTATIVES	H.C.R. NO.	348
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE ATTORNEY GENERAL TO REVIEW AND SUBMIT A LEGAL OPINION REGARDING whether VACATION RENTAL USES IN SINGLE-FAMILY DWELLINGS AND FARM DWELLINGS IN STATE AGRICULTURAL DISTRICTS Are PROHIBITED UNDER CHAPTER 205, HAWAII REVISED STATUTES.

WHEREAS, when the Legislature established prohibited uses in state agricultural districts under Act 199, Session Laws of Hawaii 1976, alternative forms of visitor accommodations were uncommon throughout Hawaii; and

WHEREAS, Act 186, Session Laws of Hawaii 1980, authorized the counties to restrict the location of transient vacation rentals to those existing in multifamily buildings; and

WHEREAS, alternative visitor accommodations, including those in single-family dwellings and farm dwelling units, are an important part of Hawaii's tourism industry; and

WHEREAS, the tourism industry is a significant part of Hawaii's economy; and

WHEREAS, the counties have taken the position that chapter 205, Hawaii Revised Statutes, per se prohibits single-family and farm dwelling transient vacation rental uses within state agricultural districts without a special use permit; and

WHEREAS, single-family and farm dwelling transient vacation rentals and income therefrom may support agricultural activities and thus can be compatible with agricultural uses; and

WHEREAS, chapter 205, Hawaii Revised Statutes, does not appear to prohibit these alternative forms of visitor accommodations in agricultural districts; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Attorney General is requested to review and submit a legal opinion to the Legislature regarding whether vacation rental uses in single-family dwellings and farm dwellings in state agricultural districts are prohibited under chapter 205, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and the Attorney General.