Hawaii Revised Statutes

Haw. Rev. Stat. § 205-1 (2026)

Establishment of the commission

✓ current as of July 2026

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[PART I. GENERALLY]

Law Journals and Reviews

Avoiding the Next Hokuli`a: The Debate over Hawai`i's Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).

§205-1 Establishment of the commission. (a) There shall be a state land use commission, hereinafter called the commission. The commission shall consist of nine members who shall hold no other public office and shall be appointed in the manner and serve for the term set forth in section 26-34. One member shall be appointed from each of the counties and the remainder shall be appointed at large; provided that one member shall have substantial experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices. The commission shall elect its chairperson from one of its members. The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties. Six affirmative votes shall be necessary for any boundary amendment.

(b) The commission shall be a part of the office of planning and sustainable development for administrative purposes.

(c) The commission may engage employees necessary to perform its duties, including administrative personnel and an executive officer. The executive officer shall be appointed by the commission and the executive officer's position shall be exempt from civil service. Departments of the state government shall make available to the commission such data, facilities, and personnel as are necessary for it to perform its duties. The commission may receive and utilize gifts and any funds from the federal or other governmental agencies. It shall adopt rules guiding its conduct, maintain a record of its activities and accomplishments, and make recommendations to the governor and to the legislature through the governor.

(d) Notwithstanding any law to the contrary, the commission shall be exempt from section 26-35 with the exception of section 26-35(a)(2), (3), (7), (8), and section 26-35(b) shall apply.

(e) The land use commission shall maintain its independence on matters coming before it to which the office of planning and sustainable development is a party by establishing and adhering to the process required by section 225M-2(d). [L 1963, c 205, pt of §2; Supp, §98H-1; HRS §205-1; am L 1975, c 193, §2; am L 1976, c 43, §1; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8; gen ch 1993; am L 2006, c 296, §1; am L 2021, c 153, §4]

Cross References

Commission placed in department of business, economic development, and tourism, see §26-18.

Commissions, generally, see §26-34.

Case Notes

A member of the land use commission did not qualify as a de facto officer, where, among other things, the senate rejected the member's nomination for a second term, which effectively served as public notice that the member was ineligible to serve as a holdover member. 132 H. 184, 320 P.3d 849 (2013).

The intermediate court of appeals erred in determining that a member of the land use commission continued to serve as a valid holdover after the senate's rejection of the member's nomination for a second term; the member's actions with respect to a petition to reclassify land were invalid. 132 H. 184, 320 P.3d 849 (2013).

Cited: 125 F. Supp. 3d 1051 (2015).

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1982–2025 · leading case: Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 320 P.3d 849 (Haw. 2013).

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Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 320 P.3d 849 (Haw. 2013). · cites it 54× “Senator Hemmings in particular argued that the Senate had “no choice” but to reject Kanuha’s nomination in order to comply with HRS § 205-1, which requires one member of the LUC to have “substantial experience or expertise in traditional Hawaiian land usage and knowledge of…”

Bridge Aina Le'a, LLC v. State of Hawaii Land Use Comm'n, 125 F. Supp. 3d 1051 (D. Haw. 2015). · cites it 4× “See Haw.Rev.Stat. § 205-1. Official Capacity Commissioners are themselves indistinguishable from the State of Hawaii.”

Neighborhood Bd. No. 24 v. State Land Use Comm'n, 639 P.2d 1097 (Haw. 1982). · cites it 4× “6 *269 HRS § 205-1 (1976) and § 205-2 (1976), respectively, established the state Land Use Commission and conferred upon it the power to classify all of Hawaii’s lands into urban, rural, agricultural or conservation districts based upon existing use, statutory guidelines, LUC…”

DW Aina Le'a Dev., LLC v. Bridge Aina Le'a, LLC., 339 P.3d 685 (Haw. 2014). · cites it 2× “” Specifically, the LUC argues that pursuant to HRS § 205-4(g), it is authorized to impose conditions on a petition seeking to amend a district boundary, to issue an OSC, and to revert property to its former land use classification.”

Honoipu Hideaway, LLC v. State. (Haw. 2025). · cites it 16× “HAR § 15-15-22, which was promulgated under the LUC’s general authority to promulgate rules under HRS §§ 205-1 (2017) and -7 (continued . .”

Spirit of Aloha Temple v. Cnty. of Maui (D. Haw. 2023). “Section 205-7 of Hawaii Revised Statutes requires Hawaii’s Land Use Commission to adopt, amend, and repeal rules relating to matters within its jurisdiction pursuant to chapter 91 of Hawaii Revised Statutes, which governs administrative procedures.”

— Haw. Rev. Stat. § 205-1(c) — 1 case

Honoipu Hideaway, LLC v. State. (Haw. 2025). “HAR § 15-15-22, which was promulgated under the LUC’s general authority to promulgate rules under HRS §§ 205-1 (2017) and -7 (continued . .”

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