Report Title:

Land Use; Important Agricultural Lands

 

Description:

Prohibits reclassification of agricultural lands until important agricultural lands are designated.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1891

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to land use.

 

 

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

 


     SECTION 1.  Article XI, section 3, of the state constitution provides:

     "Section 3.  The State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands.  The legislature shall provide standards and criteria to accomplish the foregoing.

     Lands identified by the State as important agricultural lands needed to fulfill the purposes above shall not be reclassified by the State or rezoned by its political subdivisions without meeting the standards and criteria established by the legislature and approved by a two-thirds vote of the body responsible for the reclassification or rezoning action."

     Act 183, Session Laws of Hawaii 2005, established the important agricultural lands program.  Pursuant to section 205-49, Hawaii Revised Statutes, the land use commission, following the receipt of maps of eligible important agricultural lands from the counties and the recommendations of the department of agriculture and the office of planning, shall identify and designate important agricultural lands.

     The purpose of this Act is to prohibit the reclassification of any agricultural lands until the land use commission identifies and designates important agricultural lands.

     SECTION 2.  The land use commission shall not accept, hear, or act upon any petitions for the reclassification of any lands presently in the agricultural district until after the land use commission publishes a notice statewide as provided in section 1-28.5, Hawaii Revised Statutes, that it has, for the forseeable future, completed the identification and designation of important agricultural lands pursuant to section 205-49, Hawaii Revised Statutes.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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