§205-12 Enforcement. The appropriate
officer or agency charged with the administration of county zoning laws shall
enforce within each county the use classification districts adopted by the land
use commission and the restriction on use and the condition relating to agricultural
districts under section 205-4.5 and shall report to the commission all
violations. [L 1963, c 205, pt of §2; Supp, §98H-12; HRS §205-12; am L 1976, c
199, §2]
Attorney General Opinions
Counties' responsibility for enforcement includes taking
necessary actions against violators; such enforcement covers all land use
district classifications and land use district regulations, except those
relating to conservation districts. Att. Gen. Op. 70‑22.
Law Journals and Reviews
"Urban Type Residential Communities in the Guise of
Agricultural Subdivisions:" Addressing an Impermissible Use of Hawai`i's
Agricultural District. 25 UH L. Rev. 199 (2002).
Ala Loop and the Private Right of Action Under Hawai`i
Constitution Article XI, Section 9: Charting a Path Toward a Cohesive
Enforcement Scheme. 33 UH L. Rev. 367 (2010).
Case Notes
In the circumstances of the case, article XI, §9 of the
Hawaii constitution created a private right of action to enforce chapter 205,
and the legislature confirmed the existence of that right of action by enacting
§607-25, which allows for the recovery of attorneys' fees in such actions;
chapter 205 is a law relating to environmental quality within the meaning of article
XI, §9, §9 is self-executing, and this section imposes "reasonable
limitations and regulations" that were applicable to the case which allowed
the private right of action to enforce chapter 205. 123 H. 391, 235 P.3d 1103
(2010).
Discussed: 134 H. 187, 339 P.3d 685 (2014).
Notes of Decisions
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
· cites it 76× “The ICA noted that pursuant to HRS § 205-12 (1993), [23] "the legislature *1120 has delegated enforcement of the restrictions and conditions relating to land-use-classification districts in a county to the county official charged with administering the zoning laws for that…”
Pono v. Molokai Ranch, Ltd., 194 P.3d 1126 (Haw. App. 2008).
· cites it 42× “Pursuant to HRS § 205-12 (1993), the legislature has delegated enforcement of the restrictions and conditions relating to land-use-classification districts in a county to the county official charged with administering the zoning laws for that county: *1152 Enforcement.”
Lanai Co., Inc. v. Land Use Com'n, 97 P.3d 372 (Haw. 2004).
· cites it 13× “51 HRS § 205-12 52 (1993) delegates the power to enforce district classifications to the counties.”
The Cmty. Associations of Hualalai, Inc. v. Leeward Plan. Comm'n., 500 P.3d 426 (Haw. 2021).
· cites it 4× “6 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** allow for the use of the properties as a construction base yard,” so long as Bolton “immediately cease[d]” commercial and unauthorized activity.”
In re: The Petition of Ku'ulei Higashi Kanahele & Ahiena Kanahele., 526 P.3d 478 (Haw. 2023).
· cites it 4× “In these two cases, if an unauthorized land use is included within either the agricultural or rural district, either the governing county must terminate the use under HRS § 205-12 (2017) or the Commission could reclassify the land.”
Save Sunset Beach Coalition v. City & Cnty. of Honolulu, 78 P.3d 1 (Haw. 2003).
· cites it 2× “5[,]” HRS § 205-12 (2001), and thus it will resolve permissible uses in an agricultural district at the time of permitting; and (5) as to any incompatibilities between uses authorized in country zoning and in agricultural districts, only uses authorized by HRS chapter 205 can…”
Hale O Kaula Church v. Maui Plan. Comm'n, 229 F. Supp. 2d 1056 (D. Haw. 2002).
· cites it 3× “See Haw. Rev.Stat. § 205-12.) 5 Under this statutory scheme, a special use permit may be granted for “certain únusual and reasonable uses within" agricultural , and rural districts other than those for which the district is classified.”
Everson v. State, 228 P.3d 282 (Haw. 2010).
· cites it 4× “3d 372, 394-95 (2004) ("There is no provision in HRS § 205-12 that expressly delegates enforcement power to the [Land Use Commission].”
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023).
· cites it 12× “However, the court rejected the charter school's argument that HRS § 205-12 (1993),27 which provides enforcement authority to the counties, precluded the community association's private right of action under chapter 205.”
Perry v. Plan. Comm'n of the Cnty. of Hawaii, 619 P.2d 95 (Haw. 1980).
“14 The planning director is apparently the officer charged with the enforcement of the special permit as the enforcement section of HRS Chapter 205 reads: § 205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce…”
Cnty. of Hawaii v. Ala Loop Homeowners, 203 P.3d 676 (Haw. App. 2009).
· cites it 2× “3d 372 (2004) (HRS § 205-12 authorizes the counties, not the LUC to enforce Chapter 205); accord Rees v.”
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