SB 3202 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 3202	HI	2024	D	Accessory dwelling units regulations, Declare HOA rules void, Homeowner association rules, Impact fees, Limit local requirements on ADU occupants

Provided by Furman

Summary

The bill mandates that all four counties adopt or amend ordinances by December 31, 2026, to allow: At least two accessory dwelling units on all residentially zoned lots. The units must be allowed subject only to “reasonable standards” defined by the county, rather than discretionary or case-by-case approvals.
For lots within a state-designated urban district, the bill nullifies any private covenants recorded after the bill’s effective date that would restrict the number of ADUs below state law or ban long-term rentals. Counties are generally prohibited from requiring that the property owner live on-site to permit an ADU.
ADU provisions exempt certain environmentally sensitive lands or those at high risk for natural hazards (flooding, lava or fire). Counties may still reject a permit if they determine there is insufficient infrastructure.
Authority over applications for subdivision or consolidation is vested in the director of the county land use agency (or another professional county officer) rather than being subject to planning commission or city council votes. Exempts parcels on agricultural lands, wetlands, floodplains, other hazards, or historic designations.
Impact Fee Reform: In cases where the developer is converting an existing structure, the square footage of the existing structure shall be deducted from the total square footage of the development when calculating impact fees; and In cases where the public facility impacted is a water or sewage facility, the appropriate board of water supply may choose to calculate impact fees based on the total number of fixtures in the development, rather than by square footage.

Provided by lawmakers