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2021 Hawaii Floodplain

Management Virtual Training

Class sizes are limited 50 participants, please register early to reserve your spot!NFIP Basics

Registration Link

Session will cover basics of the National Flood Insurance Program and Hawaii’s

participation therein, including terminology, roles and responsibilities, and valu-

able resources for local officials and stakeholders in floodplain development.

Elevation Certificate Basics

Registration Link

Section-by-section basics of the FEMA Elevation Certificate form, including

building diagram selection, lowest floor, and common errors.

Permitting Floodplain Development

Registration Link

Eight basic steps to reviewing development in the Special Flood Hazard Area.

Inspecting Floodplain Development

Registration Link

Special considerations for plan reviewers and building code officials when eval-

uating and inspecting development inside the SFHA, minimum construction

standards (from the I-Codes), and conducting inspections.

Reviewing an Elevation Certificate

Registration Link (requires knowledge of the EC form—see EC Basics)

Intermediate-level training on how to review ECs submitted during the develop-

ment process. Common errors, attachments, how to make corrections.

Tools for Determining BFE, LOMA Basics, FEMA

Map Service Center

Registration Link

How to Review a No-Rise Analysis

Registration Link

Construction Certificate Submittal Requirements

Registration Link

Learn the types of supporting documents that must accompany certain flood-

plain development construction certificates, such as V-zone breakaway walls,

engineered flood openings, floodproofing and EC certificates.

For more information:

Kristen Akamine

Sponsored by FEMA Region 9 in partner-

ship with Hawaii DLNR, these workshops

will discuss floodplain management prin-

ciples, the NFIP, and Hawaii standards.

Target Audience

Floodplain administrators, elected offi-

cials, building officials, and permit and

zoning officials are welcome to attend.

Training Dates & Times

NFIP Basics

Wednesday, February 24—9am HST—90 mins

Elevation Certificate Basics

Thursday, February 25—9am HST—2.5 hours

Permitting Floodplain Development

Wednesday, March 3—9am HST—90 mins

Inspecting Floodplain Development

Wednesday, March 3—1pm HST—90 mins

Reviewing an Elevation Certificate

Thursday, March 4—9am HST—2.5 hours

Tools for BFE, LOMA Basics, MSC

Wednesday, March 10—9am HST—2.5 hours

How to Review a No-Rise Analysis

Thursday, March 11—9am HST—1 hour

Construction Certificates

Thursday, March 11—11am HST—1 hour

Continuing Education Credit available

for ASFPM CFMs

Kristen.C.Akamine@hawaii.gov

XXX-00(12)

H.B. NO. _____

A BILL FOR AN ACT

RELATING TO LAND RECORDATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In 2009, because of the overwhelming volume of 1

timeshare transactions, the legislature enacted Act 120, Session 2

Laws of Hawaii 2009, to remove fee simple timeshare transactions 3

from the land court. In 2013, the legislature provided for the 4

voluntary deregistration of fee simple, non-timeshare land. 5

The land court provides a systemic and logical process for 6

the mapping and indexing of land and the recording of 7

transactions and encumbrances on land titles, such as 8

mortgagees, liens, leases, claims, and taxes. The land court 9

system, however, was designed to process single, consecutive 10

ownership interests and not multiple, simultaneous interests in 11

a single parcel of land. An unanticipated consequence of the 12

enacted legislation is that there are no clear requirements or 13

standards for the mapping and describing of deregistered lands. 14

The purpose of this Act is to clarify the data requirements 15

for land recordation by the bureau of conveyances, on land other 16

than fee simple time share interests deregistered by the land 17

REVISED:

1ST DRAFT DATE:

H.B. NO.

_

XXX-00(12)

Page 2

court, to include a plan of the parcels or parcels sought to be 1

deregistered that includes a map and description prepared by a 2

licensed professional surveyor. 3

SECTION 2. Section 501-261.5, Hawaii Revised Statutes, is 4

amended to read as follows: 5

"[[]§501-261.5[]] Deregistration of registered land other 6

than fee time share interests. [The] (a) To deregister land 7

under this chapter, the registered owner of the fee interest in 8

registered land [may] shall submit [a written request] the 9

following to the assistant registrar [to deregister the land 10

under this chapter.]: 11

(1) [Any] A written request [for deregistration shall 12

include] to deregister the registered land, proof of 13

title insurance in the amount of the value of the land 14

to be deregistered, and a written waiver of all claims 15

against the State relating to the title to the land 16

arising after the date of deregistration[.]; and 17

(2) A plan of the parcel or parcels sought to be 18

deregistered that includes a map and description 19

prepared by a licensed professional surveyor prepared 20

pursuant to sections 502-17, 502-18, and 502-19. 21

H.B. NO.

_

XXX-00(12)

Page 3

[(2)] (b) Upon [presentation to the assistant registrar of 1

a written request for deregistration by the registered owner of 2

the fee interest in registered land,] satisfactory submission of 3

the documents required pursuant to subsection (a), the assistant 4

registrar shall [not register the same, but shall:] refer the 5

map and description of the parcel or parcels sought to be 6

deregistered to the state land surveyor in the department of 7

accounting and general services for approval after being checked 8

as to form and mathematical correctness but not on the ground. 9

(c) Upon notification of approval by the state land 10

surveyor, the assistant registrar shall: 11

[(A)](1) Record in the bureau of conveyances, pursuant to 12

chapter 502, the current certificate of title for the 13

fee interest in the registered land; provided that 14

prior thereto, the assistant registrar shall note on 15

the certificate of title all documents and instruments 16

that have been accepted for registration and that have 17

not yet been noted on the certificate of title for the 18

registered land; 19

[(B)](2) Record in the bureau of conveyances, pursuant to 20

chapter 502, the written request for deregistration 21

presented to the assistant registrar for filing or 22

H.B. NO.

_

XXX-00(12)

Page 4

recording[. The request], which shall be recorded 1

immediately after the certificate or certificates of 2

title; and 3

[(C)](3) Cancel the certificate of title[.]; and 4

(4) Record in the bureau of conveyances, pursuant to 5

chapter 502, a plan of the parcel or parcels sought to 6

be deregistered, prepared pursuant to sections 502-17, 7

502-18, and 502-19. 8

[(3) The registrar or] (d) The assistant registrar shall 9

note the recordation and cancellation of the certificate of 10

title in the registration book and in the records of the 11

application for registration of the land that is the subject of 12

the certificate of title. The notation shall state the 13

[bureau]: 14

(1) Bureau of conveyances document number for the 15

certificate of title [so] recorded [, the 16

certificate]; 17

(2) Certificate of title number[, and the land]; and 18

(3) Land court application or consolidation number, map 19

number, and lot number for the land that is the 20

subject of the certificate of title [so] recorded. 21

H.B. NO.

_

XXX-00(12)

Page 5

[(4)] (e) The assistant registrar shall transmit the 1

notation of the recordation and cancellation of the certificate 2

of title to the registrar of the land court and state land 3

surveyor. 4

(f) No order of court shall be required prior to or in 5

connection with the performance of any of the foregoing actions. 6

(g) As used in this section, “registered land” shall not 7

include the undivided interest in the land unless the undivided 8

interests represent all of the remaining registered interest in 9

the land.” 10

SECTION 3. Section 502-11, Hawaii Revised Statutes, is 11

amended to read as follows: 12

"§502-11 Entry record. The registrar shall make and keep 13

in such form and manner as is prescribed by the board of land 14

and natural resources a permanent record of the receipt of every 15

[deed]: 16

(1) Deed and instrument left for record[, every copy]; 17

(2) Copy left as a caution[, and every plan]; 18

(3) Plan filed[,]; and 19

(4) Plan of the parcel or parcels of land deregistered 20

pursuant to section 501-261.5; 21

H.B. NO.

_

XXX-00(12)

Page 6

Provided that the registrar shall note on the record, in 1

addition to a description sufficient to identify the document 2

and the date and time of its receipt, [such] any other facts as 3

[are] prescribed by the board of land and natural resources. 4

Every [such] document shall be considered as recorded at the 5

time [so] noted." 6

SECTION 4. Section 502-17, Hawaii Revised Statutes, is 7

amended as follows: 8

1. By amending subsections (a) and (b) to read: 9

"(a) The registrar shall accept and file in the registrar's 10

office, upon the payment of the fee as provided in section 502-11

25, any plan of land prepared in the manner prescribed by this 12

section. Every [such] plan shall contain [a]: 13

(1) A short name of the tract; [the] 14

(2) The name of the ahupuaa or ili, district, and island; 15

[such data] 16

(3) Data concerning the original title of the land as may 17

be known, together with the name of the last owner of 18

record and the owner's address; [the] 19

(4) The signature of the surveyor and the surveyor's 20

address; [the] 21

H.B. NO.

_

XXX-00(12)

Page 7

(5) The signature and address of the maker [and the 1

maker's address]; 2

(6) The date of survey, scale, the meridian line, area, 3

the true azimuths and lengths of principal lines; [and 4

the] 5

(7) The names of all known adjoining owners[.]; and 6

(8) If the land is deregistered pursuant to part II of 7

chapter 501: 8

(A) An application or consolidation number; 9

(B) A map number; 10

(C) A lot number; and 11

(D) The document numbers of the canceled certificate 12

of title. 13

One or more durable monuments shall be placed on the land 14

[which], shall connect with the government triangulation system 15

and [which monuments] shall be placed as indicated on the 16

plan[.], unless the land is being deregistered pursuant to part 17

II of chapter 501. Whenever the land platted is made up of more 18

than one original title, it shall be necessary to show all 19

original title lines in broken lines as follows: 20

[........................................] 21

------- .. ------- .. --------- .. ------- 22

H.B. NO.

_

XXX-00(12)

Page 8

(b) The plan shall first be referred to the department of 1

accounting and general services of the State which shall cause 2

the same to be checked as to form and mathematical correctness 3

but not on the ground. If the plan is drawn in accordance with 4

this section and sections 502-18 and 502-19, the department 5

shall indorse its approval of the plan on the face thereof, 6

after which the plan may be filed of record. The department 7

shall withhold approval of any plan until satisfied that the 8

surveyor and maker of the plan is a [registered] licensed 9

professional surveyor." 10

2. By amending subsection (d) to read: 11

"(d) On receipt for recordation of a transfer or separate 12

description document concerning a lot in a subdivision, the 13

registrar shall accept and file the document with: 14

(1) A metes and bounds description, either solely or as 15

part of the document; 16

(2) A county certified plat map[; and], unless the land is 17

being deregistered pursuant to part II of chapter 501; 18

and 19

(3) A letter from a [registered] licensed professional 20

surveyor, certifying that the metes and bounds 21

description conforms to the accompanying plat map. 22

H.B. NO.

_

XXX-00(12)

Page 9

The document shall otherwise comply with the requirements 1

for recordation under this section. Any parcel created or 2

subdivided prior to the effective date of the subdivision laws 3

of the respective counties [are] is exempt from the provisions 4

of this subsection." 5

SECTION 5. Section 502-18, Hawaii Revised Statutes, is 6

amended to read as follows: 7

Ҥ502-18 Description; lot subdivisions. A metes and bounds 8

description of the exterior boundaries of the parcel or parcels 9

of land sought to be registered as a file plan shall be written 10

upon the plan, or printed or typewritten on unruled good quality 11

white paper [13] 11 inches long by 8 1/2 inches wide[,] and 12

shall be filed in duplicate with the file plan[,]. [and] The 13

metes and bounds description shall be dated and signed by the 14

licensed professional surveyor making the field survey, or under 15

whose supervision the field survey was executed. If the land 16

sought to be registered as a file plan is being deregistered 17

pursuant to part II of chapter 501, the metes and bounds 18

description shall be dated and signed by the licensed 19

professional surveyor making the file plan, or under whose 20

supervision the file plan was made. The boundaries of the land 21

platted shall be described as running from left to right 22

H.B. NO.

_

XXX-00(12)

Page 10

(clockwise) and the azimuth system shall be used in designating 1

the courses of the survey with zero or 360 degrees at due South; 2

90 degrees at due West; 180 degrees at due North; 270 degrees at 3

due East. Any printed or typewritten description filed 4

separately with the file plan shall be recorded in the registry 5

system and the book and page thereof noted on the file plan. 6

Expense of recordation shall be charged to the owner. The 7

initial point in the description shall clearly show the 8

connection with the government triangulation system[, and all]. 9

All outside corners of the tract shall be substantially marked 10

by monuments in the ground, where practicable unless the land is 11

being deregistered pursuant to part II of chapter 501. In all 12

cases where tracts of land are subdivided into lots, with the 13

intention of conveying separate lots by lot number and reference 14

to the plat, it is necessary to show the true azimuths and 15

lengths of all principal lines[,] and the lot areas[,and a]. A 16

sufficient number of durable monuments shall be placed in the 17

ground so as to accurately identify each lot[.], unless the land 18

is being deregistered pursuant to part II of chapter 501. Any 19

lands being deregistered pursuant to part II of chapter 501 20

shall not subdivide or consolidate when registering as a file 21

H.B. NO.

_

XXX-00(12)

Page 11

plan, and only contiguous parcels shall be shown on the same 1

plan.” 2

SECTION 6. This Act does not affect rights and duties that 3

matured, penalties that were incurred, and proceedings that were 4

begun before its effective date. 5

SECTION 7. Statutory material to be repealed is bracketed 6

and stricken. New statutory material is underscored. 7

SECTION 8. This Act shall take effect on July 1, 2021. 8

INTRODUCED BY: _____________________________ 9

10

H.B. NO.

_

XXX-00(12)

Page 12

Report Title:

[Click here and type Report Title (1 line limit)]

Description:

[Click here and type Description (5 line limit)]

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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