In addition to any existing power, duty, and authority of the counties to regulate land uses by planning or zoning, the counties are hereby authorized to transfer and regulate the transfer of development rights, subject to the conditions set forth under this part, as well as planning laws, zoning laws, and any other conditions as the legislative body of each county deems necessary and appropriate. The purpose of providing for transfer of development rights shall be to:

(1) Protect the natural, scenic, and agricultural qualities of open lands;

Terms Used In Hawaii Revised Statutes 46-163

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Development rights: means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. See Hawaii Revised Statutes 46-162
  • Transfer of development rights: means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. See Hawaii Revised Statutes 46-162
(2) Enhance sites and areas of special character or special historical, cultural, aesthetic, or economic interest or value;
(3) Protect lands at risk from sea level rise, coastal erosion, storm surge, or flooding; and
(4) Enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource.

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