Haw. Rev. Stat. § 205-6
(e) A copy of the decision, together with the complete record of the proceeding before the county planning commission on all special permit requests involving a land area greater than fifteen acres or for lands designated as important agricultural lands, shall be transmitted to the land use commission within sixty days after the decision is rendered.
Within forty-five days after receipt of the complete record from the county planning commission, the land use commission shall act to approve, approve with modification, or deny the petition. A denial either by the county planning commission or by the land use commission, or a modification by the land use commission, as the case may be, of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure.
[L 1963, c 205, pt of §2; Supp, §98H-6; HRS §205-6; am L 1970, c 136, §1; am L 1976, c 4, §2; am L 1978, c 166, §1; am L 1979, c 221, §1; gen ch 1985; am L 1998, c 237, §6; am L 2005, c 183, §5; am L 2021, c 153, §8; am L 2025, c 236, §17]
Appeal to circuit court, see HRCP rule 72.
Special permits cannot be granted to authorize uses which have effect of making boundary change or creating new district. Att. Gen. Op. 63-37.
Authority of land use commission to modify permit approved by county commission discussed. Att. Gen. Op. 68-30.
Land use commission is not authorized to review county planning commission's denial of request for modification of special permit. Att. Gen. Op. 77-4.
"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).
A Self-Executing Article XI, Section 9--The Door For a Bivens Action for Environmental Rights? 34 UH L. Rev. 187 (2012).
Where plaintiffs alleged violations of Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and made other claims based on county planning commission's denial of a special use permit sought under this section: among other things, no Eleventh Amendment immunity for the county; RLUIPA, assuming it was constitutional, did not facially invalidate Hawaii's land use law; strict scrutiny test would apply in assessing county's past actions in further proceedings in the case. 229 F. Supp. 2d 1056 (2002).
Former provision requiring that a public hearing on an application for a special permit be held within one hundred twenty days was directory not mandatory. 62 H. 666, 619 P.2d 95 (1980).
Validity of attaching conditions for approval of special permit. 62 H. 666, 619 P.2d 95 (1980).
Recreational theme park on agricultural land was not "unusual and reasonable use" which would qualify for special permit. 64 H. 265, 639 P.2d 1097 (1982).
"Communications equipment buildings" and "utility lines" in §205-4.5(a)(7) do not encompass "telecommunications antennas" or "transmission antennas" such as a cellular telephone tower; public utility thus had to apply for a special permit under this section to place the tower in a state agricultural district. 90 H. 384, 978 P.2d 822 (1999).
Where land use commission’s imposition of restrictive condition - a termination date of July 31, 2012 for the deposit of municipal solid waste at the Waimanalo Gulch Sanitary Landfill - in its approval of special use permit was not supported by substantial evidence in the record, condition could not stand; matter remanded to land use commission. 127 H. 5, 275 P.3d 809 (2012).
Appellee Kauai County planning commission's public trust duty under article XI, §1 of the Hawaii constitution, coupled with the State's power to create and delegate duties to the counties, established that appellee had a duty to conserve and protect water resources in considering whether to issue a special permit to appellant water bottling company. 130 H. 407 (App.), 312 P.3d 283 (2013).
Cited: 133 H. 141, 324 P.3d 951 (2014).