§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).
Structure Hawaii Revised Statutes
Title 13. Planning and Economic Development
205-1 Establishment of the commission.
205-2 Districting and classification of lands.
205-3 Retention of district boundaries.
205-3.1 Amendments to district boundaries.
205-3.5 Reclassification of land contiguous to an agricultural district; approval conditions.
205-4 Amendments to district boundaries involving land areas greater than fifteen acres.
205-4.5 Permissible uses within the agricultural districts.
205-4.6 Private restrictions on agricultural uses and activities; not allowed.
205-7 Adoption, amendment or repeal of rules.
205-16 Compliance with the Hawaii state plan.
205-16.1 and 205-16.2 REPEALED.
205-17 Land use commission decision-making criteria.
205-42 Important agricultural lands; definition and objectives.
205-43 Important agricultural lands; policies.
205-44 Standards and criteria for the identification of important agricultural lands.
205-44.5 Important agricultural lands; public lands.
205-45 Petition by farmer or landowner.
205-45.5 Important agricultural land; farm dwellings and employee housing.
205-46 Incentives for important agricultural lands.
205-46.5 Agricultural processing facilities; permits; priority.
205-47 Identification of important agricultural lands; county process.
205-48 Receipt of maps of eligible important agricultural lands; land use commission.
205-49 Designation of important agricultural lands; adoption of important agricultural lands maps.
205-50 Standards and criteria for the reclassification or rezoning of important agricultural lands.
205-51 Important agricultural lands; county ordinances.
205-52 Periodic review and amendment of important agricultural lands maps.