HOUSE OF REPRESENTATIVES

H.B. NO.

2738

TWENTY-FIFTH LEGISLATURE, 2010

 

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.  The legislature finds that the land use law was enacted ". . . to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited for the public welfare."

     Since the enactment of the land use law, the Hawaii state planning act was enacted in 1978 to ". . . serve as a guide for the future long-range development of the State."  In addition, the zoning enabling act directs that zoning by the counties shall be accomplished within the framework of a long-range, comprehensive general plan.

     The legislature has established study groups including the land evaluation and site assessment system commission and the rural lands facilitator, which recommended changes to the land use law.  The courts have also pointed out problems with the land use law.

     Among the recommendations of the land evaluation and site assessment system commission is that the land use commission be responsible for the establishing of three land use districts:  conservation lands district, important agricultural lands district, and other lands district.  In 1986, the land use commission estimated that the acreage requirements for agricultural lands in the future, specifically the year 1995, ranged from 673,000  acres to 697,000 acres.  The commission also recommended that the counties be responsible for regulating land uses within the other lands district, which are essentially rural and urban lands.

     The rural lands facilitator reported in the group's recommendations that the counties should be authorized to manage land use in the rural district, and that the state should adopt the principles that govern and guide the planning and management of rural lands.

     The courts have observed that among the problems with the land use law are:

     (1)  Agricultural districts include areas that are not suited to agriculture;

     (2)  Some unimportant agricultural land should be reclassified as rural to facilitate housing development for Hawaii's people;

     (3)  Of the 1,900,000 acres in the agricultural district, only one quarter are classified as A or B lands, more acreage than will ever be actively cultivated; and

     (4)  The special permit may not be used to circumvent district boundary amendment procedures, allowing ad hoc infusion of major urban uses into agricultural districts.

The courts also found that there are conflicts caused by the use of special permits and what are considered unusual and reasonable uses.

     Since the enactment of the land use law, the counties have acquired the expertise that qualifies them to carry out their planning and development functions.  Many of the accusations that the counties are too permissive of development are the result of interpretations of what is allowable under the current law, the use of special permits, and conflicts arising from the determination of what constitutes unusual and reasonable uses.

     The purpose of this Act is to make amendments to the land use law based on the recommendations made by various study groups and reports to the legislature, and the comments of the courts on the land use law.

     SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Permissible uses and infrastructure standards within the rural and urban lands district.  Each county shall establish by ordinance permitted uses of land and standards required for infrastructure systems within rural and urban districts as classified under chapter 205."

     SECTION 3.  Chapter 205, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:

     "§205-A  Regional district boundary amendments.  (a)  The office of planning or any county may petition the commission for regional district boundary amendments to reclassify lands that are appropriate to conform to findings of the office of planning in its five-year boundary review pursuant to section 205-18 or to conform to the long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county.

     (b)  At least one public hearing shall be held in the county in which the regional district boundary amendment is being proposed prior to the final adoption of the district boundaries.  The district classification maps shall be prepared by the commission prior to the public hearing.  Notice of the hearing shall be given as provided in section 205-4.

     (c)  Interested landowners, lessees, officials, agencies, and individuals may appear at the public hearing to be heard.  They shall further be allowed at least fifteen days following the final public hearing to file with the commission a written protest, comments, or recommendations.  The district boundaries shall be adopted in final form not more than ninety days or less than forty-five days after the last public hearing of the commission.  The commission shall prepare and submit to the county and the office of planning copies of the classification maps showing the district boundaries adopted in final form.

     §205-B  Classification of agricultural lands by the legislature.  (a)  The legislature may classify lands as agricultural, where the legislature finds that the classification is necessary for the protection of agricultural lands, to promote diversified agriculture, or to control future growth, development, and land use.

     (b)  The classification shall be by law and shall contain:

     (1)  The tax map keys of the land to be classified; and

     (2)  Proof of qualification for classification under section 205-2(d).

     §205-C  Classification of agricultural lands by landowner petition.  (a)  The owner of any agricultural land may petition the commission for classification of the land as agricultural land when the land does not meet all of the criteria in section 205-2(d), but the land:

     (1)  Is within an agricultural district; and

     (2)  Has been continuously in agricultural use for the past ten years.

     (b)  The landowner desiring to classify land pursuant to subsection (a), shall petition the commission.  The landowner shall include with the petition all of the tax map keys of the land to be classified, proof of qualification for classification, and the current use of the area to be classified.

     (c)  The classification of agricultural lands pursuant to this section shall not be considered an amendment to district boundaries under 205-4.

     §205-D  Agricultural lands; reclassification criteria.  (a)  The commission may reclassify agricultural lands pursuant to section 205-4, when any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land petitions the commission and the commission finds that a sufficient supply of water is no longer available to allow profitable agricultural use of the land due to government action, an act of God, or other cause beyond the control of the farmer or landowner or that the reclassification:

     (1)  Will not harm or adversely affect the productivity or viability of other existing agricultural operations;

     (2)  Will not affect the viability of other agricultural operations that share infrastructure, processing, marketing, or other production-related costs or facilities of the agricultural operations on the land proposed to be reclassified or rezoned;

     (3)  Will not cause the fragmentation of agricultural operations or cause the intrusion of non-agricultural uses into intact areas of lands designated as important agricultural lands; and

     (4)  Is required to conform to the county general plan or to facilitate a public benefit derived from a non-agricultural use that overrides the agricultural lands designation.

     (b)  The decision of the commission to reclassify agricultural lands pursuant to this section shall be by a two-thirds vote of the members to which the body is entitled.

     §205-E  Permissible uses within the urban district.  Urban districts shall include activities or uses as provided by ordinances or regulations of the counties within which the urban district is situated pursuant to the master plan or general plan of the county.

     §205-F  Permissible uses within the rural district.  Rural districts shall include activities or uses according to the criteria established in section 205-2(c) as provided by ordinances or rules of the counties within which the rural district is situated pursuant to the master plan or general plan of the county."

     SECTION 4.  Section 46-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The mayor of each county, after holding a public hearing on the matter and receiving the approval of the respective council, shall be empowered to designate areas of land for experimental and demonstration housing projects, the purposes of which are to research and develop ideas that would reduce the cost of housing in the State.  Except as hereinafter provided, the experimental and demonstration housing projects shall be exempt from all statutes, ordinances, charter provisions, and rules or regulations of any governmental agency or public utility relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction and sale of homes thereon; provided that the experimental and demonstration housing projects shall not affect the safety standards or tariffs approved by the public utility [commissions] commission for [such] the public utility.

     The mayor of each county with the approval of the respective council may designate a county agency or official who shall have the power to review all plans and specifications for the subdivisions, development and improvement of the land involved, and the construction and sale of homes thereon.  The county agency or official shall have the power to approve or disapprove or to make modifications to all or any portion of the plans and specifications.

     The county agency or official shall submit preliminary plans and specifications to the legislative body of the respective county for its approval or disapproval.  The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the approved preliminary plans and specifications.  The final plans and specifications shall constitute the standards for the particular project.

     No action shall be prosecuted or maintained against any county, its officials or employees, on account of actions taken in reviewing, approving, or disapproving [such] any plans and specifications.

     Any experimental or demonstration housing project for the purposes hereinabove mentioned may be sponsored by any state or county agency or any person as defined in section 1-19.

     The county agency or official shall apply to the state land use commission for an appropriate land use district classification change, except where a proposed project is located on land within an urban or rural district established by the state land use commission.  Notwithstanding any law, rule, or regulation to the contrary, the state land use commission may approve the application at any time after a public hearing held in the county where the land is located upon notice of the time and place of the hearing being published in the same manner as the notice required for a public hearing by the planning commission of the appropriate county."

     SECTION 5.  Section 205-2, Hawaii Revised Statutes, is amended to read as follows:

     "§205-2  Districting and classification of lands[.]; criteria.  (a)  There shall be four major land use districts in which all lands in the State shall be placed:  urban, rural, agricultural, and conservation.  The land use commission shall group contiguous land areas suitable for inclusion in one of these four major districts.  [The commission shall set standards for determining the boundaries of each district, provided that:

     (1)] (b)  In the establishment of boundaries of urban districts [those], the commission shall include:  

     (1)  Those lands that are now in urban use; and [a]

     (2)  A sufficient reserve area for foreseeable urban growth shall be included[;].

     [(2)] (c)  In the establishment of boundaries for rural districts, [areas] the commission shall include:

     (1)  Areas of land composed primarily of ranches and small farms [mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be included, except as herein provided];

     (2)  Low density residential lots and residential subdivisions on agricultural lands existing before January 1, 2009;

     (3)  Clusters of settlements or historic plantation camps and communities that do not function as a suburb of a major urban center; and

     (4)  Areas not suited to agricultural and ancillary activities by reason of topography and other related characteristics. 

     [(3)] (d)  In the establishment of the boundaries of agricultural districts [the greatest possible protection shall be given to those lands with a high capacity for intensive cultivation; and], the commission shall include lands:

     (1)  That are irrigated with the physical properties that are capable of producing sustained high agricultural yields when treated and managed according to modern farming methods and technology with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B, including current or former sugarcane or pineapple plantation lands;

     (2)  With soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C or D, which are currently in production or which could be put into productive use with the implementation of new agricultural technologies or the development of irrigation water;

     (3)  Which are currently in agricultural production or ranching and classified pursuant to section 205-C;

     (4)  Which contribute to the State's economic base and produce commodities for export and local consumption; and

     (5)  Which are important to agriculture because of a unique quality or use.

All lands in agricultural districts shall be designated "important agricultural lands" for the purpose of article XI, section 3, of the state constitution.  For the purposes of this chapter, "agricultural lands", "lands in the agricultural district", and similar terms shall have the same meaning as "important agricultural lands".

     [(4)] (e)  In the establishment of the boundaries of conservation districts, the commission shall include lands where the greatest possible protection shall be given to valuable natural resources including:

     (1)  Watersheds and water sources;

     (2)  Indigenous or endemic plants, fish and wildlife including those which are threatened or endangered;

     (3)  Park lands, wilderness and beach reserves;

     (4)  Shoreline and coastal resources;

     (5)  Native forests and other forested areas;

     (6)  Wetlands, natural streams, and lakes;

     (7)  Scenic, historic, archaeological, and cultural areas;

     (8)  Recreational resources and areas highly susceptible to erosion, landslides, flooding, volcanic hazards, and other conditions which may threaten lives or property.

[the] The "forest and water reserve zones" provided in Act 234, section 2, Session Laws of Hawaii 1957, are renamed "conservation districts" and, effective as of July 11, 1961, the boundaries of the forest and water reserve zones theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute the boundaries of the conservation districts; provided that thereafter the power to determine the boundaries of the conservation districts shall be in the commission.  Areas not suited to agricultural activities by reason of topography or other characteristics may be included in conservation districts.

[In establishing the boundaries of the districts in each county, the commission shall give consideration to the master plan or general plan of the county.

     (b)  Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated.

     (c)  Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot, provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet.  Such petition for variance may be processed under the special permit procedure.  These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics.  Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities.

     (d)  Agricultural districts shall include:

     (1)  Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;

     (2)  Farming activities or uses related to animal husbandry and game and fish propagation;

     (3)  Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;

     (4)  Wind generated energy production for public, private, and commercial use;

     (5)  Biofuel production, as described in section 205-4.5(a)(15), for public, private, and commercial use;

     (6)  Solar energy facilities; provided that this paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class D or E;

     (7)  Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, agricultural-energy facilities as defined in section 205-4.5(a)(16), vehicle and equipment storage areas, roadside stands for the sale of products grown on the premises, and plantation community subdivisions as defined in section 205-4.5(a)(12);

     (8)  Wind machines and wind farms;

     (9)  Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;

    (10)  Agricultural parks;

    (11)  Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; and

    (12)  Open area recreational facilities.

Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d).  Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics.

     (e)  Conservation districts shall include areas necessary for protecting watersheds and water sources; preserving scenic and historic areas; providing park lands, wilderness, and beach reserves; conserving indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered; preventing floods and soil erosion; forestry; open space areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding communities, or would maintain or enhance the conservation of natural or scenic resources; areas of value for recreational purposes; other related activities; and other permitted uses not detrimental to a multiple use conservation concept.]"

     SECTION 6.  Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:

     "§205-3.1  Amendments to district boundaries.  [(a)  District boundary amendments involving lands in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands shall be processed by the land use commission pursuant to section 205-4.]

     [(b)] (a)  Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands [less than fifteen acres] presently in the rural and urban districts [and lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands].

     [(c)] (b)  District boundary amendments involving [land areas of fifteen acres or less, except as provided in subsection (b),] rural and urban districts shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission [pursuant to section 205-4]; provided that [such] the boundary amendments and approved uses are consistent with this chapter.  The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or [such] other proceedings.  Appropriate ordinances and rules to allow consolidation of [such] proceedings may be developed by the county land use decision-making authority.

     [(d)] (c)  The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the [department of business, economic development, and tourism] office of planning, and shall notify the commission and the [department] office of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing.  A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision.  Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the [department of business, economic development, and tourism] office of planning by the county planning director."

     SECTION 7.  Section 205-4, Hawaii Revised Statutes, is amended to read as follows:

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

     "§205-4  Amendments to agricultural and conservation district boundaries [involving land areas greater than fifteen acres.] by the land use commission.  (a)  Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in [the] agricultural land, which meet the criteria established in section 205-2, or conservation land sought to be reclassified, may petition the land use commission for a change in the boundary of a district.  This section applies to all petitions for changes in district boundaries of lands within conservation districts[, lands designated or sought to be designated as important agricultural lands, and lands greater than fifteen acres in the agricultural, rural, and urban districts, except as provided in section 201H-38.  The land use commission shall adopt rules pursuant to chapter 91 to implement section 201H-38.] and lands within agricultural districts.

     (b)  Upon proper filing of a petition pursuant to subsection (a) or as provided in section 205-A(b), the commission shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable."

     2.  By amending subsections (e) to (j) to read:

     "(e)  Any other provisions of law to the contrary notwithstanding, agencies and persons may intervene in the proceedings in accordance with this subsection.

     (1)  The petitioner, the office of planning, and the county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary change.

     (2)  All departments and agencies of the State and of the county in which the land is situated shall be admitted as parties upon timely application for intervention.

     (3)  All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention.

     (4)  All other persons may apply to the commission for leave to intervene as parties.  Leave to intervene shall be freely granted, provided that the commission or its hearing officer if one is appointed may deny an application to intervene when in the commission's or hearing officer's sound discretion it appears that: (A) the position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and (B) the admission of additional parties will render the proceedings inefficient and unmanageable.  A person whose application to intervene is denied may appeal [such] the denial to the circuit court pursuant to section 91-14.

     (5)  The commission shall pursuant to chapter 91 adopt rules governing the intervention of agencies and persons under this subsection.  [Such] The rules shall without limitation establish:  (A) the information to be set forth in any application for intervention; (B) time limits within which [such] the applications shall be filed; and (C) reasonable filing fees to accompany [such] the applications.

     (f)  Together with other witnesses that the commission may desire to hear at the hearing, it shall allow a representative of a citizen or a community group to testify who indicates a desire to express the view of [such] a citizen or community group concerning the proposed boundary change.

     (g)  Within a period of not more than three hundred sixty- five days after the proper filing of a petition, unless otherwise ordered by a court, or unless a time extension, which shall not exceed ninety days, is established by a two-thirds vote of the members of the commission, the commission, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions necessary to uphold the intent and spirit of this chapter or the policies and criteria established pursuant to section 205-17 or to assure substantial compliance with representations made by the petitioner in seeking a boundary change.  The commission may provide by condition that absent substantial commencement of use of the land in accordance with [such] representations, the commission shall issue and serve upon the party bound by the condition an order to show cause why the property should not revert to its former land use classification or be changed to a more appropriate classification.  [Such] The conditions, if any, shall run with the land and be recorded in the bureau of conveyances.

     (h)  No amendment of a land use district boundary shall be approved unless the commission finds upon the clear preponderance of the evidence that the proposed boundary is reasonable, not violative of section 205-2 and [part III of this chapter,] section 205-C, and consistent with the policies and criteria established pursuant to sections 205-16 and 205-17.  Six affirmative votes of the commission shall be necessary for any boundary amendment under this section.

     (i)  Parties to proceedings to amend land use district boundaries may obtain judicial review thereof in the manner set forth in section 91-14, provided that the court may also reverse or modify a finding of the commission if [such] the finding appears to be contrary to the clear preponderance of the evidence.

     (j)  At the hearing, all parties may enter into appropriate stipulations as to findings of fact, conclusions of law, and conditions of reclassification concerning the proposed boundary change.  The commission may but shall not be required to approve [such] the stipulations based on the evidence adduced."

     SECTION 8.  Section 205-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "§205-4.5  Permissible uses within the agricultural districts.  (a)  Within the agricultural district, all lands [with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B] shall be restricted to the following permitted uses:

     (1)  Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber;

     (2)  Game and fish propagation;

     (3)  Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use;

     (4)  Farm dwellings, employee housing, farm buildings, or activities or uses [related to farming and animal husbandry.  "Farm dwelling", as used in this paragraph, means a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling;] that are part of a working farm, or a farming operation as defined in section 165-2, that are necessary to the production and distribution of agricultural and aquaculture commodities.  For the purposes of this paragraph "farm dwelling" means a single family dwelling used by the owner or operator of the working farm or farming operation.

     (5)  Public institutions and buildings that are necessary for agricultural practices;

    [(6)  Public and private open area types of recreational uses, including day camps, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs, and overnight camps;

     (7)] (6)  Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures;

    [(8)] (7)  Retention, restoration, rehabilitation, or improvement of buildings existing on January 1, 2009, or sites of historic or scenic interest;

    [(9)] (8)  Roadside stands for the sale of agricultural products grown on the premises;

   [(10)] (9)  Buildings and uses, including mills, storage, and processing facilities, maintenance facilities, and vehicle and equipment storage areas that are normally considered directly accessory to the above-mentioned uses and are permitted under section 205-2(d);

   [(11)] (10) Agricultural parks;

   [(12)  Plantation community subdivisions, which as used in this chapter means an established subdivision or cluster of employee housing, community buildings, and agricultural support buildings on land currently or formerly owned, leased, or operated by a sugar or pineapple plantation; provided that the existing structures may be used or rehabilitated for use, and new employee housing and agricultural support buildings may be allowed on land within the subdivision as follows:

         (A)  The employee housing is occupied by employees or former employees of the plantation who have a property interest in the land;

         (B)  The employee housing units not owned by their occupants shall be rented or leased at affordable rates for agricultural workers; or

         (C)  The agricultural support buildings shall be rented or leased to agricultural business operators or agricultural support services;]

   [(13)] (11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;

   [(14)] (12) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;

   [(15)] (13) Biofuel processing facilities[,] for public, private, and commercial use, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuels processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.

              For the purposes of this paragraph:

              "Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuels processing facilities.

              "Biofuel processing facility" means a facility that produces liquid or gaseous fuels from organic sources such as biomass crops, agricultural residues, and oil crops, including palm, canola, soybean, and waste cooking oils; grease; food wastes; and animal residues and wastes that can be used to generate energy;

   [(16)] (14) Agricultural-energy facilities, including appurtenances necessary for an agricultural-energy enterprise; provided that the primary activity of the agricultural-energy enterprise is agricultural activity.  To be considered the primary activity of an agricultural-energy enterprise, the total acreage devoted to agricultural activity shall be not less than ninety per cent of the total acreage of the agricultural-energy enterprise.  The agricultural-energy facility shall be limited to lands owned, leased, licensed, or operated by the entity conducting the agricultural activity.

              As used in this paragraph:

              "Agricultural activity" means any activity described in paragraphs (1) to (3) of this subsection.

              "Agricultural-energy enterprise" means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility.

              "Agricultural-energy facility" means a facility that generates, stores, or distributes renewable energy as defined in section 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State. 

              "Appurtenances" means operational infrastructure of the appropriate type and scale for the economic commercial generation, storage, distribution, and other similar handling of energy, including equipment, feedstock, fuels, and other products of agricultural-energy facilities;

   [(17)] (15) Construction and operation of wireless communication antennas; provided that, for the purposes of this paragraph, "wireless communication antenna" means communications equipment that is either freestanding or placed upon or attached to an already existing structure and that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; provided further that nothing in this paragraph shall be construed to permit the construction of any new structure that is not deemed a permitted use under this subsection; [or]

   [(18)] (16) Agricultural education programs conducted on a farming operation as defined in section 165-2, for the education and participation of the general public; provided that the agricultural education programs are accessory and secondary to the principal agricultural use of the parcels or lots on which the agricultural education programs are to occur and do not interfere with surrounding farm operations.  For the purposes of this section, "agricultural education programs" means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in section 165-2[.]; or

    (17)  Solar energy facilities; provided that this paragraph shall apply only to land with soil classified by the land study bureau’s detailed land classification as overall (master) productivity rating B, C, or D that is not irrigated; provided further that the solar energy facility shall be the primary power source for farming operation as defined in section 165-2 in the vicinity of the land on which the solar energy facility is situated.

     (b)  Uses not expressly permitted in subsection (a) shall be prohibited, except the uses permitted as provided in sections 205-6 and 205-8[, and construction of single-family dwellings on lots existing before June 4, 1976.  Any other law to the contrary notwithstanding, no subdivision of land within the agricultural district with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be approved by a county unless those A and B lands within the subdivision are made subject to the restriction on uses as prescribed in this section and to the condition that the uses shall be primarily in pursuit of an agricultural activity].

     Any deed, lease, agreement of sale, mortgage, or other instrument of conveyance covering any land within the agricultural subdivision shall expressly contain the restriction on uses and the condition, as prescribed in this section that these restrictions and conditions shall be encumbrances running with the land until [such] the time that the land is reclassified to a land use district other than agricultural district.

     If the foregoing requirement of encumbrances running with the land jeopardizes the owner or lessee in obtaining mortgage financing from any of the mortgage lending agencies set forth in the following paragraph, and the requirement is the sole reason for failure to obtain mortgage financing, then the requirement of encumbrances shall, insofar as [such] the mortgage financing is jeopardized, be conditionally waived by the appropriate county enforcement officer; provided that the conditional waiver shall become effective only in the event that the property is subjected to foreclosure proceedings by the mortgage lender.

     The mortgage lending agencies referred to in the preceding paragraph are the Federal Housing Administration, Federal National Mortgage Association, Veterans Administration, Small Business Administration, United States Department of Agriculture, Federal Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for Cooperatives, and any other federal, state, or private mortgage lending agency qualified to do business in Hawaii, and their respective successors and assigns.

     [(c)  Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U shall be restricted to the uses permitted for agricultural districts as set forth in section 205-5(b).

     (d)  Notwithstanding any other provision of this chapter to the contrary, golf courses and golf driving ranges approved by a county before July 1, 2005, for development within the agricultural district shall be permitted uses within the agricultural district.

     (e)  Notwithstanding any other provision of this chapter to the contrary, plantation community subdivisions as defined in this section shall be permitted uses within the agricultural district, and section 205-8 shall not apply.]

     [[(f)]] (c)  Notwithstanding any other law to the contrary, agricultural lands may be subdivided and leased for the agricultural uses or activities permitted in subsection (a); provided that:

     (1)  The principal use of the leased land is agriculture;

     (2)  No permanent or temporary dwellings or farm dwellings, including trailers and campers, are constructed on the leased area.  This restriction shall not prohibit the construction of storage sheds, equipment sheds, or other structures appropriate to the agricultural activity carried on within the lot; and

     (3)  The lease term for a subdivided lot shall be for at least as long as the greater of:

         (A)  The minimum real property tax agricultural dedication period of the county in which the subdivided lot is located; or

         (B)  Five years.

Lots created and leased pursuant to this section shall be legal lots of record for mortgage lending purposes and shall be exempt from county subdivision standards."

     SECTION 9.  Section 205-4.6, Hawaii Revised Statutes, is amended to read as follows:

     "§205-4.6  Private restrictions on agricultural uses and activities; not allowed.  Agricultural uses and activities as defined in [sections 205-2(d) and] section 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subject [such] the agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes.  Any [such] private restriction limiting or prohibiting agricultural use or activity shall be voidable, subject to special restrictions enacted by the county ordinance pursuant to section 46-4; except that restrictions taken to protect environmental or cultural resources, agricultural leases, utility easements, and access easements shall not be subject to this section.

     For purposes of this section, "agricultural leases" means leases where the leased land is primarily utilized for purposes set forth in section 205-4.5(a)."

     SECTION 10.  Section 205-5, Hawaii Revised Statutes, is amended to read as follows:

     "§205-5  Zoning.  (a)  Except as [herein] provided[,] in this chapter, the powers granted to counties under section 46-4 shall govern the zoning within the urban, rural, and agricultural districts[, other than in conservation districts].  Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C.

     (b)  Within agricultural districts, uses compatible [to] with the activities described in section [205‑2] 205-4.5 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in [sections 205‑2 and] section 205‑4.5 may be further defined by each county by zoning ordinance.  Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165‑2; provided that agricultural tourism activities shall not be permissible in the absence of a bona fide farming operation.  Ordinances shall include but not be limited to:

     (1)  Requirements for access to a farm, including road width, road surface, and parking;

     (2)  Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;

     (3)  Activities that may be offered by the farming operation for visitors;

     (4)  Days and hours of operation; and

     (5)  Automatic termination of the accessory use upon the cessation of the farming operation.

Each county may require an environmental assessment under chapter 343 as a condition to any agricultural tourism use and activity. [Other uses may be allowed by special permits issued pursuant to this chapter.  The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein.  If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action.  The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for plantation community subdivisions as defined in section 205-4.5(a)(12), for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.

     (c)  Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:

     (1)  Low density residential uses;

     (2)  Agricultural uses;

     (3)  Golf courses, golf driving ranges, and golf-related facilities; and

     (4)  Public, quasi-public, and public utility facilities.

     In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2.]"

     SECTION 11.  Section 205-5.1, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Geothermal resource subzones may be designated within the [urban,] rural[, agricultural,] and conservation land use districts established under section 205-2.  Only those areas designated as geothermal resource subzones may be utilized for geothermal development activities in addition to those uses permitted in each land use district under this chapter.  Geothermal development activities may be permitted within [urban,] rural[, agricultural,] and conservation land use districts in accordance with this chapter.  "Geothermal development activities" means the exploration, development, or production of electrical energy from geothermal resources and direct use applications of geothermal resources; provided that within the urban, rural, and agricultural land use districts, direct use applications of geothermal resources are permitted both within and outside of areas designated as geothermal resource subzones pursuant to section 205-5.2 if such direct use applications are in conformance with all other applicable state and county land use regulations and are in conformance with this chapter."

     2.  By amending subsection (c) to read:

     "(c)  The use of an area for geothermal development activities within a geothermal resource subzone shall be governed by the board within the conservation district and, except as herein provided, by state and county statutes, ordinances, and rules not inconsistent herewith within [agricultural,] a rural[, and urban districts,] district, except that no land use commission approval or special use permit procedures under section 205-6 shall be required for the use of such subzones.  In the absence of provisions in the county general plan and zoning ordinances specifically relating to the use and location of geothermal development activities in [an agricultural,] a rural[, or urban] district, the appropriate county authority may issue a geothermal resource permit to allow geothermal development activities.  "Appropriate county authority" means the county planning commission unless some other agency or body is designated by ordinance of the county council.  Such uses as are permitted by county general plan and zoning ordinances, by the appropriate county authority, shall be deemed to be reasonable and to promote the effectiveness and objectives of this chapter.  Chapters 177, 178, 182, 183, 183C, 205A, 226, 342, and 343 shall apply as appropriate.  If provisions in the county general plan and zoning ordinances specifically relate to the use and location of geothermal development activities in [an agricultural,] a rural[, or urban] district, the provisions shall require the appropriate county authority to conduct a public hearing on any application for a geothermal resource permit to determine whether the use is in conformity with the criteria specified in subsection (e) for granting geothermal resource permits; provided that within the [urban,] rural[, and agricultural land use districts,] district, direct use applications of geothermal resources are permitted without any application for a geothermal resource permit both within and outside of areas designated as geothermal resource subzones pursuant to section 205-5.2 if such direct use applications are in conformance with all other applicable state and county land use regulations and are in conformance with this chapter."

     3.  By amending subsection (e) to read:

     "(e)  If geothermal development activities are proposed within [agricultural,] a rural[, or urban districts] district and [such] the proposed activities are not permitted uses pursuant to county general plan and zoning ordinances, then after receipt of a properly filed and completed application, including all required supporting data, the appropriate county authority shall conduct a public hearing.  Upon appropriate request for mediation from any party who submitted comment at the public hearing, the county authority shall appoint a mediator within five days.  The county authority shall require the parties to participate in mediation.  The mediator shall not be an employee of any county agency or its staff.  The mediation period shall not extend beyond thirty days after mediation started, except by order of the county authority.  Mediation shall be confined to the issues raised at the public hearing by the party requesting mediation.  The mediator will submit a written recommendation to the county authority, based upon any mediation agreement reached between the parties for consideration by the county authority in its final decision.  If there is no mediation agreement, the county authority may have a second public hearing to receive additional comment related to the mediation issues.  Within ten days after the second public hearing, the county authority may receive additional written comment on the issues raised at the second public hearing from any party.

     The county authority shall consider the comments raised at the second hearing before rendering its final decision.  The county authority shall then determine whether a geothermal resource permit shall be granted to authorize the geothermal development activities described in the application.  The appropriate county authority shall grant a geothermal resource permit if it finds that applicant has demonstrated that:

     (1)  The desired uses would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property;

     (2)  The desired uses would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; and

     (3)  That there are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.

     Unless there is a mutual agreement to extend, a decision shall be made on the application by the appropriate county authority within six months of the date a complete application was filed; provided that the time limit may be extended by agreement between the applicant and the appropriate county authority."

     SECTION 12.  Section 205-8, Hawaii Revised Statutes, is amended to read as follows:

     "§205-8  Nonconforming uses[.]; structures or lot sizes in the rural and agricultural districts.  (a)  The lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form may be continued although the use, including lot size, does not conform to this chapter; provided that no nonconforming building shall be replaced, reconstructed, or enlarged or changed to another nonconforming use and no nonconforming use of land shall be expanded or changed to another nonconforming use.  In addition, if any nonconforming use of land or building is discontinued or held in abeyance for a period of one year, the further continuation of such use shall be prohibited.

     (b)  A lawful use or structure made nonconforming by an amendment to this chapter may be continued as a legal nonconforming use or structure; provided that no legal nonconforming use or structure shall be replaced, reconstructed, or enlarged or changed to another nonconforming use, except as provided by county ordinance adopted pursuant to section 46-4(a).

     (c)  A legal lot of record approved by a county before the effective date of an amendment to this chapter that renders the lot size or dwelling unit density of the lot nonconforming, may be used; provided that:

     (1)  The proposed use shall be subject to county review and decision-making pursuant to subsection (d);

     (2)  No additional nonconforming lot shall be created from the existing lot of record; and

     (3)  If two or more contiguous lots are under the same ownership, the lots shall be subject to the minimum lot size or maximum density standards of this chapter, and any nonconforming lot shall not be considered as a separate parcel of land for the purposes of sale or development and shall be combined to create one or more conforming lots."

     SECTION 13.  Section 205-17, Hawaii Revised Statutes, is amended to read as follows:

     "§205-17  Land use commission decision-making criteria.  In its review of any petition for reclassification of district boundaries pursuant to this chapter, the commission shall specifically consider the following:

     (1)  The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawaii state plan and relates to the applicable priority guidelines of the Hawaii state plan and the adopted functional plans;

     (2)  The extent to which the proposed reclassification conforms to the applicable district standards;

     (3)  The impact of the proposed reclassification on the following areas of state concern:

         (A)  Preservation or maintenance of important natural systems or habitats;

         (B)  Maintenance of valued cultural, historical, or natural resources;

         (C)  Maintenance of other natural resources relevant to Hawaii's economy, including agricultural resources;

         (D)  Commitment of state funds and resources;

         (E)  Provision for employment opportunities and economic development; and

         (F)  Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups;

     (4)  The standards and criteria for the reclassification or rezoning of [important] agricultural lands in section [205-50;] 205-D;

     (5)  The county general plan and all community, development, or community development plans adopted pursuant to the county general plan, as they relate to the land that is the subject of the reclassification petition; and

     (6)  The representations and commitments made by the petitioner in securing a boundary change."

     SECTION 14.  Section 205-18, Hawaii Revised Statutes, is amended to read as follows:

     "§205-18  Periodic review of districts.  The office of planning shall undertake a review of the classification and districting of all lands in the State, within five years from December 31, 1985, and every fifth year thereafter.  The office, in its five-year boundary review, shall focus its efforts on reviewing the Hawaii state plan, county general plans, and county development and community plans.  Upon completion of the five- year boundary review, the office shall submit a report of the findings to the commission.  The office may initiate state land use boundary amendments pursuant to section 205-A, which it deems appropriate to conform to these plans.  The office may seek assistance of appropriate state and county agencies and may employ consultants and undertake studies in making this review."

     SECTION 15.  Section 226-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  To achieve the agriculture objectives, it shall be the policy of this State to:

     (1)  Establish a clear direction for Hawaii's agriculture through stakeholder commitment and advocacy[.];

     (2)  Encourage agriculture by making best use of natural resources[.], promoting the retention of agricultural lands in blocks of contiguous, intact, and functional land units large enough to allow flexibility in agricultural production and management, and limiting physical improvements on agricultural lands to the basic level of infrastructure to maintain affordability of those lands for agricultural purposes;  

     (3)  Provide the governor and the legislature with information and options needed for prudent decision making for the development of agriculture[.];

     (4)  Establish strong relationships between the agricultural and visitor industries for mutual marketing benefits[.];

     (5)  Foster increased public awareness and understanding of the contributions and benefits of agriculture as a major sector of Hawaii's economy[.];

     (6)  Seek the enactment and retention of federal and state legislation that benefits Hawaii's agricultural industries[.];

     (7)  Strengthen diversified agriculture by developing an effective promotion, marketing, and distribution system between Hawaii's producers and consumer markets locally, on the continental United States, and internationally[.];

     (8)  Support research and development activities that strengthen economic productivity in agriculture, stimulate greater efficiency, and enhance the development of new products and agricultural by-products[.];

     (9)  Enhance agricultural growth and long-term dedication of agricultural lands by providing public incentives and encouraging private initiatives[.];

    (10)  Assure the availability of agriculturally suitable lands with adequate water to accommodate present and future needs[.] by promoting the maintenance of irrigation systems and other essential agricultural infrastructure systems;

    (11)  Discourage the fragmentation of agricultural lands and the conversion of those lands to nonagricultural use;

   [(11)] (12) Increase the attractiveness and opportunities for an agricultural education and livelihood[.];

   [(12)] (13) Expand Hawaii's agricultural base by promoting growth and development of flowers, tropical fruits and plants, livestock, feed grains, forestry, food crops, aquaculture, and other potential enterprises[.];

   [(13)] (14) Promote economically competitive activities that increase Hawaii's agricultural self-sufficiency[.];

   [(14)] (15) Promote and assist in the establishment of sound financial programs for diversified agriculture[.];

   [(15)] (16) Institute and support programs and activities to assist the entry of displaced agricultural workers into alternative agricultural or other employment[.]; and

   [(16)] (17) Facilitate the transition of agricultural lands in economically nonfeasible agricultural production to economically viable agricultural uses."

     SECTION 16.  Section 226-103, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Priority guidelines to promote the growth and development of diversified agriculture and aquaculture:

     (1)  Identify, conserve, and protect agricultural and aquacultural lands of importance and initiate affirmative and comprehensive programs to promote economically productive agricultural and aquacultural uses of such lands[.];

     (2)  Assist in providing adequate, reasonably priced water for agricultural activities[.];

     (3)  Encourage public and private investment to increase water supply and to improve transmission, storage, and irrigation facilities in support of diversified agriculture and aquaculture[.];

     (4)  Assist in the formation and operation of production and marketing associations and cooperatives to reduce production and marketing costs[.];

     (5)  Encourage and assist with the development of a waterborne and airborne freight and cargo system capable of meeting the needs of Hawaii's agricultural community[.];

     (6)  Seek favorable freight rates for Hawaii's agricultural products from interisland and overseas transportation operators[.];

     (7)  Encourage the development and expansion of agricultural and aquacultural activities which offer long-term economic growth potential and employment opportunities[.];

     (8)  Continue the development of agricultural parks and other programs to assist small independent farmers in securing agricultural lands and loans[.];

     (9)  Require agricultural uses in agricultural subdivisions and closely monitor the uses in these subdivisions[.];

    (10)  Support the continuation of land currently in use for diversified agriculture[.]; and

    (11)  Direct nonagricultural uses and activities from agricultural lands to other areas and ensure that uses on agricultural lands are actually agricultural uses."

     SECTION 17.  Section 205-6, Hawaii Revised Statutes, is repealed.

     ["§205-6  Special permit.  (a)  Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified.  Any person who desires to use the person's land within an agricultural or rural district other than for an agricultural or rural use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired.  Each county may establish the appropriate fee for processing the special permit petition.  Copies of the special permit petition shall be forwarded to the land use commission, the office of planning, and the department of agriculture for their review and comment.

     (b)  The planning commission, upon consultation with the central coordinating agency, except in counties where the planning commission is advisory only in which case the central coordinating agency, shall establish by rule or regulation, the time within which the hearing and action on petition for special permit shall occur.  The county planning commission shall notify the land use commission and such persons and agencies that may have an interest in the subject matter of the time and place of the hearing.

     (c)  The county planning commission may, under such protective restrictions as may be deemed necessary, permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter; provided that a use proposed for designated important agricultural lands shall not conflict with any part of this chapter.  A decision in favor of the applicant shall require a majority vote of the total membership of the county planning commission.

     (d)  Special permits for land the area of which is greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the land use commission.  The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval, including the adherence to representations made by the applicant.

     (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.

     (f)  Land uses substantially involving or supporting educational ecotourism, related to the preservation of native Hawaiian endangered, threatened, proposed, and candidate species, that are allowed in an approved habitat conservation plan under section 195D-21 or safe harbor agreement under section 195D-22, which are not identified as permissible uses within the agricultural district under sections 205-2 and 205-4.5, may be permitted in the agricultural district by special permit under this section, on lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U."]

     SECTION 18.  Section 205-14, Hawaii Revised Statutes, is repealed.

     ["§205-14  Adjustments of assessing practices.  Upon the adoption of district boundaries, certified copies of the classification maps showing the district boundaries shall be filed with the department of taxation.  Thereafter, the department of taxation shall, when making assessments of property within a district, give consideration to the use or uses that may be made thereof as well as the uses to which it is then devoted."]

     SECTION 19.  Chapter 205, part III, Hawaii Revised Statutes, is repealed.

     SECTION 20.  The land use commission, with the counties and office of planning, shall reclassify agricultural and rural lands pursuant to section 205-A, Hawaii Revised Statutes, using the criteria in section 205-2, by December 31, 2012.

     The commission shall submit a preliminary report on the progress of the reclassification to the legislature not later than twenty days prior to the convening of the 2011 regular session, and a final report no later than twenty days prior to the convening of the 2013 regular session.

     SECTION 21.  This Act shall not invalidate county zoning in effect on the effective date of this Act, and all county ordinances and rules applicable to the underlying county zoning shall remain in full force and effect.  The lawful use of land or buildings and legal lots of record existing in the rural or agricultural districts on the effective date of this Act may be continued.

     SECTION 22.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 23.  In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute the appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 24.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 25.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Land Use

 

Description:

Amends provisions of the land use law by authorizing the counties to regulate uses on urban and rural lands; provides for voluntary agricultural classification by a landowner; authorizes the counties and the office of planning to petition the land use commission for district boundary amendments; provides reclassification criteria for the land use commission; limits the uses in the agricultural district; and eliminates the use of special permits for nonagricultural uses in the agricultural or rural districts and the provisions relating to the identification of important agricultural lands.

 

 

 

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