HOUSE OF REPRESENTATIVES |
H.B. NO. |
2738 |
TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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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: |
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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.