HOUSE OF REPRESENTATIVES

H.B. NO.

97

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agricultural lands.

 

 

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

 


     SECTION 1.  Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "[[](f)[]]  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[.];

     (4)  Upon subdivision and lease, the owner or occupier shall provide written notice to the appropriate county fire department and county building permitting agency of the agricultural uses or activities for which the agricultural lands were subdivided and leased.  Such written notification shall be provided to the county agencies within thirty days of the subdivision and lease.  At the sole discretion of the appropriate county building permitting agency, such failure to provide written notice may void the subdivision or lease, or both; and

     (5)  The appropriate state and county agencies shall have the implicit right to enter the property, upon reasonable notice to the owner or occupier, to investigate for violations of and compliance with the requirements of this subsection.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Agricultural Lands; Permissive Uses; Subdivision; Right to Enter; Notice

 

Description:

Requires an owner or occupier to provided notice to county agencies when subdividing and leasing agricultural land.  Grants county and state agencies the implicit right to enter property to investigate for violations of and compliance with agricultural subdivision and lease qualifications.

 

 

 

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