REPORT TITLE:
LESA


DESCRIPTION:
Establishes a land evaluation and site assessment system.
Requires the land use commission, the department of agriculture,
and the counties, to establish district boundaries for the
conservation of important agricultural lands, and other lands
districts.  Abolishes the urban, rural, and agricultural
districts.  Requires the DLNR, the DOA, and the counties to
delineate permitted uses and infrastructure standards in the
conservation, important agricultural, and other lands districts.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            126         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO LAND USE.



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

 1      SECTION 1.  The legislature finds that article XI, section 3
 
 2 of the Hawaii state constitution requires the State to conserve
 
 3 and protect agricultural lands, promote diversified agriculture,
 
 4 increase agricultural self-sufficiency, and ensure the future
 
 5 availability of agriculturally suitable lands.  To achieve this
 
 6 objective, the constitution directed the legislature to develop
 
 7 standards and criteria to protect important agricultural lands.
 
 8      Act 273, Session Laws of Hawaii 1983, established the land
 
 9 evaluation site assessment commission to develop standards,
 
10 criteria, and procedures to protect agricultural lands.
 
11 Accordingly, the commission developed a land evaluation site
 
12 assessment process to identify important agricultural lands and
 
13 implement the land evaluation site assessment process.  The
 
14 commission reported its findings to the legislature in 1986.
 
15      The purpose of this Act is to carry out the directives under
 
16 article XI, section 3, with respect to the identification,
 
17 classification, and protection of important agricultural lands in
 
18 the State.
 

 
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 1      SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "46-    Permissible uses and infrastructure standards
 
 5 within the other lands district.  The counties shall establish by
 
 6 ordinance the uses of land permitted and the standards required
 
 7 for infrastructure systems within the other lands district."
 
 8      SECTION 3.  Chapter 141, Hawaii Revised Statutes, is amended
 
 9 by adding a new section to be appropriately designated and to
 
10 read as follows:
 
11      "141-    Permissible uses and infrastructure standards
 
12 within the important agricultural lands district.  The department
 
13 of agriculture, in consultation with the land use commission,
 
14 shall establish the uses of land permitted; and, in consultation
 
15 with the counties, the infrastructure standards required, within
 
16 the important agricultural lands district."
 
17      SECTION 4.  Chapter 171, Hawaii Revised Statutes, is amended
 
18 by adding a new section to be appropriately designated and to
 
19 read as follows:
 
20      "171-    Permissible uses and infrastructure standards
 
21 within the conservation district.  The department of land and
 
22 natural resources shall establish the uses of land permitted and
 
23 the standards required for infrastructure systems within the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 conservation district."
 
 2      SECTION 5.  Chapter 205, Hawaii Revised Statutes, is amended
 
 3 by adding two new sections to be appropriately designated and to
 
 4 read as follows:
 
 5      "205-    Land evaluation and site assessment rating system;
 
 6 established.  (a)  The land use commission shall establish the
 
 7 boundaries of the important agricultural lands district, the
 
 8 conservation lands district and the other lands district by
 
 9 July 1, 2000.  In establishing the boundaries of the important
 
10 agricultural lands district, the commission shall base its
 
11 determination on maps of the land evaluation composite ratings
 
12 prepared by the land evaluation and site assessment commission to
 
13 identify agricultural lands necessary to meet the State's
 
14 production goals.  The land evaluation and site assessment system
 
15 shall involve determining a land evaluation and a site assessment
 
16 rating for the lands involved.
 
17      (b)  The land evaluation rating for a soil mapping unit
 
18 shall be represented by a numerical score consisting of the
 
19 weighted average of:
 
20      (1)  Soil conservation service land capability
 
21           classification, weight of one;
 
22      (2)  Department of agriculture agricultural lands of
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           importance to the State of Hawaii, weight of one;
 
 2      (3)  Land study bureau overall (master) productivity rating,
 
 3           weight of one;
 
 4      (4)  Land study bureau modified Storie index, weight of one
 
 5           and one-half; and
 
 6      (5)  Soil Conservation Service soil potential index, weight
 
 7           of one and one-half.
 
 8      (c)  The site assessment ratings shall express the relative
 
 9 quality of a site or parcel of land based on its nonphysical
 
10 characteristics and attributes.  Ten site assessment factors
 
11 shall be evaluated based on locational, environmental, and
 
12 operational factors.  The following weights shall be assigned to
 
13 each criterion as follows:
 
14      (1)  Conformity with county general or community development
 
15           policies and plans, weight of fifteen;
 
16      (2)  Availability of irrigation water, weight of ten;
 
17      (3)  Distance from urban infrastructure systems and service
 
18           areas, weight of seven;
 
19      (4)  Presence of on-site improvements such as roads,
 
20           contoured fields, irrigation and drainage facilities,
 
21           weight of seven;
 
22      (5)  Conformity with the objectives of the Hawaii state
 

 
 
 
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 1           plan, weight of seven;
 
 2      (6)  Access to off-site agricultural facilities and
 
 3           services, weight of four;
 
 4      (7)  Parcel size, location, and configuration needed for
 
 5           economic use and operation, weight of four;
 
 6      (8)  Compatible agricultural land uses in the area, weight
 
 7           of four;
 
 8      (9)  Presence and adequacy of off-site drainage systems,
 
 9           weight of one; and
 
10     (10)  The impacts on nonagricultural uses adjacent to the
 
11           subject site, weight of one.
 
12      (d)  The overall land evaluation and site assessment rating
 
13 shall be derived as the average of the land evaluation composite
 
14 rating and site assessment scores.  The rating shall determine
 
15 whether a parcel of land meets or falls below the threshold value
 
16 which identifies lands which are needed in a county to meet
 
17 agricultural production goals.
 
18      (e)  The commission shall establish threshold land
 
19 evaluation scores which identify lands on each island needed to
 
20 meet state agricultural production goals through its rules.  The
 
21 commission shall consider the state agricultural production goals
 
22 and agricultural land acreage requirements on each island to meet
 

 
 
 
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 1 such goals and may also consider existing agricultural uses, and
 
 2 acreage necessary to accommodate foreseeable increases in
 
 3 agricultural production goals in identifying such scores.
 
 4      (f)  The land use commission shall adopt rules under chapter
 
 5 91 to carry out the purposes of this section.
 
 6      205-    Adoption of district boundaries.  (a)  The
 
 7 commission shall prepare district classification maps from the
 
 8 maps submitted to the commission by the office of state planning
 
 9 pursuant to section 205-18(c).  At least one public hearing shall
 
10 be held in each county prior to the final adoption of the
 
11 district boundaries for that county.  Notice of the time and
 
12 place of the hearing shall be published in accordance with
 
13 chapter 91.  The notice shall indicate the time and place that
 
14 the maps showing the proposed district boundaries within the
 
15 county may be inspected prior to the hearing.
 
16      (b)  Any person wishing to file recommendations, a written
 
17 protest, or other comments with the commission shall file the
 
18 materials within fifteen days of the hearing.  Any aggrieved
 
19 person with a property interest in land sought to be reclassified
 
20 may petition the commission for a hearing under the rules
 
21 established by the commission within thirty days after the
 
22 adoption of the final form of district boundaries.  The district
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 boundaries shall be adopted in final form by December 31, 2000."
 
 2      SECTION 6.  Section 46-15, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  The mayor of each county, after holding a public
 
 5 hearing on the matter and receiving the approval of the
 
 6 respective council, shall be empowered to designate areas of land
 
 7 for experimental and demonstration housing projects, the purposes
 
 8 of which are to research and develop ideas that would reduce the
 
 9 cost of housing in the State.  Except as hereinafter provided,
 
10 the experimental and demonstration housing projects shall be
 
11 exempt from all statutes, ordinances, charter provisions, and
 
12 rules or regulations of any governmental agency or public utility
 
13 relating to planning, zoning, construction standards for
 
14 subdivisions, development and improvement of land, and the
 
15 construction and sale of homes thereon; provided that the
 
16 experimental and demonstration housing projects shall not affect
 
17 the safety standards or tariffs approved by the public [utility
 
18 commissions] utilities commission for such public utility.
 
19      The mayor of each county with the approval of the respective
 
20 council may designate a county agency or official who shall have
 
21 the power to review all plans and specifications for the
 
22 subdivisions, development and improvement of the land involved,
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 and the construction and sale of homes thereon.  The county
 
 2 agency or official shall have the power to approve or disapprove
 
 3 or to make modifications to all or any portion of the plans and
 
 4 specifications.
 
 5      The county agency or official shall submit preliminary plans
 
 6 and specifications to the legislative body of the respective
 
 7 county for its approval or disapproval.  The final plans and
 
 8 specifications for the project shall be deemed approved by the
 
 9 legislative body if the final plans and specifications do not
 
10 substantially deviate from the approved preliminary plans and
 
11 specifications.  The final plans and specifications shall
 
12 constitute the standards for the particular project.
 
13      No action shall be prosecuted or maintained against any
 
14 county, its officials or employees, on account of actions taken
 
15 in reviewing, approving, or disapproving such plans and
 
16 specifications.
 
17      Any experimental or demonstration housing project for the
 
18 purposes [hereinabove] mentioned in this subsection may be
 
19 sponsored by any state or county agency or any person as defined
 
20 in section 1-19.
 
21      The county agency or official shall apply to the state land
 
22 use commission for an appropriate land use district
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 classification change, except where a proposed project is located
 
 2 on land within an [urban] other lands district established by the
 
 3 state land use commission.  Notwithstanding any law, rule, or
 
 4 regulation to the contrary, the state land use commission may
 
 5 approve the application at any time after a public hearing held
 
 6 in the county where the land is located upon notice of the time
 
 7 and place of the hearing being published in the same manner as
 
 8 the notice required for a public hearing by the planning
 
 9 commission of the appropriate county."
 
10      SECTION 7.  Section 171-49.7, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]171-49.7[]]  Public lands suitable and available for
 
13 residential development; inventory.  The department of land and
 
14 natural resources shall complete and maintain a current inventory
 
15 of all public lands placed in the [urban] other lands district by
 
16 the land use commission under chapter 205 which are or may be
 
17 suitable and available for residential development.  This
 
18 inventory shall be updated at the end of each quarter and shall
 
19 contain the following information:  the island and area in which
 
20 the land is situated, the acreage, and such other information
 
21 which the department determines may be necessary to identify and
 
22 inventory the land."
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 8.  Section 186-2, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Any property of not less than ten acres:
 
 4      (1)  Included within the important agricultural lands
 
 5           district pursuant to section 205-2; or
 
 6      (2)  Included within the conservation district and zoned for
 
 7           commercial forest use;
 
 8 is eligible for classification as tree farm property if it is
 
 9 suited for the raising of commercial tree species and other
 
10 forest products in quantity sufficient to establish a business in
 
11 the sale thereof."
 
12      SECTION 9.  Section 196D-10, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  Those functions identified in paragraphs (1) and (2)
 
15 insofar as they relate to the permit application, review,
 
16 processing, issuance, and monitoring of laws, and rules and to
 
17 the enforcement of terms, conditions, and stipulations of permits
 
18 and other authorizations issued by agencies with respect to the
 
19 development, construction, installation, operation, maintenance,
 
20 repair, and replacement of the project, or any portion or
 
21 portions thereof, are transferred to the department.  With
 
22 respect to each of the statutory authorities cited in paragraphs
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 (1) and (2), the transferred functions include all enforcement
 
 2 functions of the agencies or their officials under the statute
 
 3 cited as may be related to the enforcement of the terms,
 
 4 conditions, and stipulations of permits, including but not
 
 5 limited to the specific sections of the statute cited.
 
 6 "Enforcement", for purposes of this transfer of functions,
 
 7 includes monitoring and any other compliance or oversight
 
 8 activities reasonably related to the enforcement process.  These
 
 9 transferred functions include:
 
10      (1)  Such functions of the land use commission related to[:
 
11           district boundary amendments as set forth in section
 
12           205-3.1 et seq.; and] changes in zoning as set forth in
 
13           section 205-5; and
 
14      (2)  The permit approval and enforcement functions of the
 
15           director of transportation or other appropriate
 
16           official or entity in the department of transportation
 
17           related to permits or approvals issued for the use of
 
18           or commercial activities in or affecting the ocean
 
19           waters and shores of the State under chapter 266."
 
20      SECTION 10.  Section 201G-12, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  The corporation may develop public land in an
 

 
 
 
Page 12                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 agricultural district subject to the prior approval of the land
 
 2 use commission[,] and the department of agriculture when
 
 3 developing lands [greater than five acres in size,] in the
 
 4 important agricultural lands district, and public land in a
 
 5 conservation district subject to the prior approval of the board
 
 6 of land and natural resources.  The corporation shall not develop
 
 7 state monuments or historical sites, or parks.  When the
 
 8 corporation proposes to develop public land, it shall file with
 
 9 the department of land and natural resources a petition setting
 
10 forth such purpose.  The petition shall be conclusive proof that
 
11 the intended use is a public use superior to that which the land
 
12 has been appropriated."
 
13      SECTION 11.  Section 205-2, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "205-2 Districting and classification of lands.(a)
 
16 There shall be [four] three major land use districts in which all
 
17 lands in the State shall be placed:  [urban, rural, agricultural,
 
18 and conservation.] important agricultural lands, conservation,
 
19 and other lands.  The land use commission shall group contiguous
 
20 land areas suitable for inclusion in one of these [four] three
 
21 major districts.  The commission shall set standards for
 
22 determining the boundaries of each district, provided that:
 

 
 
 
Page 13                                        126         
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 1     [(1)  In the establishment of boundaries of urban districts
 
 2           those lands that are now in urban use and a sufficient
 
 3           reserve area for foreseeable urban growth shall be
 
 4           included;
 
 5      (2)  In the establishment of boundaries for rural districts,
 
 6           areas of land composed primarily of small farms mixed
 
 7           with very low density residential lots, which may be
 
 8           shown by a minimum density of not more than one house
 
 9           per one-half acre and a minimum lot size of not less
 
10           than one-half acre shall be included, except as herein
 
11           provided;
 
12      (3)  In the establishment of the boundaries of agricultural
 
13           districts the greatest possible protection shall be
 
14           given to those lands with a high capacity for intensive
 
15           cultivation; and
 
16      (4)] (1)  In the establishment of the boundaries of the
 
17           important agricultural lands districts, the greatest
 
18           possible protection shall be given to:
 
19           (A)  Lands in the State which, as a resource with
 
20                certain physical settings, are capable of
 
21                producing sustained high agricultural yields when
 
22                treated and managed according to modern farming
 

 
 
 
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 1                methods and technology;
 
 2           (B)  Lands which contribute to the State's economic
 
 3                base and produce commodities for export and for
 
 4                local consumption;
 
 5           (C)  Lands currently not in production but which are
 
 6                needed to attain the desired projected levels of
 
 7                agricultural activities and income;
 
 8           (D)  Lands which are irrigated as well as those lands
 
 9                which are not currently irrigated but which can
 
10                produce higher yields if irrigation is made
 
11                available; and
 
12           (E)  Lands which are considered important because of
 
13                some unique quality, setting, or use.
 
14           The important agricultural lands district may exclude
 
15           lands, which on the basis of site assessment criteria
 
16           are deemed inappropriate or economically unfeasible for
 
17           agricultural use, or which have been designated by the
 
18           State or the counties to be of greater benefit to the
 
19           public to be in some current or non-agricultural use;
 
20      (2)  In the establishment of the boundaries of conservation
 
21           districts, the greatest possible protection shall be
 
22           given to valuable natural resources, including, but not
 

 
 
 
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 1           limited to, watersheds and water sources; indigenous or
 
 2           endemic plants, fish and wildlife including those which
 
 3           are threatened or endangered; park lands, wilderness
 
 4           and beach reserves; shoreline and coastal resources;
 
 5           native forests and other forested areas; wetlands,
 
 6           natural streams, and lakes; scenic, historic,
 
 7           archaeological, and cultural areas; recreational
 
 8           resources; and areas highly susceptible to erosion,
 
 9           landslides, flooding, volcanic hazards, and other
 
10           conditions which may threaten lives or property.  The
 
11           "forest and water reserve zones" provided in Act 234,
 
12           section 2, Session Laws of Hawaii 1957, are renamed
 
13           "conservation districts" and, effective as of July 11,
 
14           1961, the boundaries of the forest and water reserve
 
15           zones theretofore established pursuant to Act 234,
 
16           section 2, Session Laws of Hawaii 1957, shall
 
17           constitute the boundaries of the conservation
 
18           districts; provided that thereafter the power to
 
19           determine the boundaries of the conservation districts
 
20           shall be in the commission.
 
21      (3)  In establishment of the boundaries of the other lands
 
22           districts, urban and rural lands, as well as those
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           agricultural lands falling below the threshold of lands
 
 2           within the important agricultural lands district shall
 
 3           be included.
 
 4 In establishing the boundaries of the districts in each county,
 
 5 the commission shall give consideration to the master plan or
 
 6 general plan of the county.
 
 7      [(b)  Urban districts shall include activities or uses as
 
 8 provided by ordinances or regulations of the county within which
 
 9 the urban district is situated.
 
10      (c)  Rural districts shall include activities or uses as
 
11 characterized by low density residential lots of not more than
 
12 one dwelling house per one-half acre, except as provided by
 
13 county ordinance pursuant to section 46-4(c), in areas where
 
14 "city-like" concentration of people, structures, streets, and
 
15 urban level of services are absent, and where small farms are
 
16 intermixed with low density residential lots except that within a
 
17 subdivision, as defined in section 484-1, the commission for good
 
18 cause may allow one lot of less than one-half acre, but not less
 
19 than 18,500 square feet, or an equivalent residential density,
 
20 within a rural subdivision and permit the construction of one
 
21 dwelling on such lot, provided that all other dwellings in the
 
22 subdivision shall have a minimum lot size of one-half acre or
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 21,780 square feet.  Such petition for variance may be processed
 
 2 under the special permit procedure.  These districts may include
 
 3 contiguous areas which are not suited to low density residential
 
 4 lots or small farms by reason of topography, soils, and other
 
 5 related characteristics.
 
 6      (d)  Agricultural districts shall include activities or uses
 
 7 as characterized by the cultivation of crops, orchards, forage,
 
 8 and forestry; farming activities or uses related to animal
 
 9 husbandry, aquaculture, and game and fish propagation;
 
10 aquaculture, which means the production of aquatic plant and
 
11 animal life for food and fiber within ponds and other bodies of
 
12 water; wind generated energy production for public, private, and
 
13 commercial use; bona fide agricultural services and uses which
 
14 support the agricultural activities of the fee or leasehold owner
 
15 of the property and accessory to any of the above activities,
 
16 whether or not conducted on the same premises as the agricultural
 
17 activities to which they are accessory, including but not limited
 
18 to farm dwellings as defined in section 205-4.5(a)(4), employee
 
19 housing, farm buildings, mills, storage facilities, processing
 
20 facilities, vehicle and equipment storage areas, and roadside
 
21 stands for the sale of products grown on the premises; wind
 
22 machines and wind farms; small-scale meteorological, air quality,
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 noise, and other scientific and environmental data collection and
 
 2 monitoring facilities occupying less than one-half acre of land,
 
 3 provided that such facilities shall not be used as or equipped
 
 4 for use as living quarters or dwellings; agricultural parks; and
 
 5 open area recreational facilities, including golf courses and
 
 6 golf driving ranges; provided that they are not located within
 
 7 agricultural district lands with soil classified by the land
 
 8 study bureau's detailed land classification as overall (master)
 
 9 productivity rating class A or B.
 
10      These districts may include areas which are not used for, or
 
11 which are not suited to, agricultural and ancillary activities by
 
12 reason of topography, soils, and other related characteristics.]
 
13      (b)  The important agricultural lands district shall include
 
14 activities or uses as provided in section 205-4.5.
 
15      [(e)] (c)  Conservation districts shall include areas
 
16 necessary for protecting watersheds and water sources; preserving
 
17 scenic and historic areas; providing park lands, wilderness, and
 
18 beach reserves; conserving indigenous or endemic plants, fish,
 
19 and wildlife, including those which are threatened or endangered;
 
20 preventing floods and soil erosion; forestry; open space areas
 
21 whose existing openness, natural condition, or present state of
 
22 use, if retained, would enhance the present or potential value of
 

 
 
 
Page 19                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 abutting or surrounding communities, or would maintain or enhance
 
 2 the conservation of natural or scenic resources; areas of value
 
 3 for recreational purposes; other related activities; and other
 
 4 permitted uses not detrimental to a multiple use conservation
 
 5 concept.
 
 6      (d)  The other lands district shall include activities and
 
 7 uses as provided by the ordinances of the county within which the
 
 8 district is situated."
 
 9      SECTION 12.  Section 205-4, Hawaii Revised Statutes, is
 
10 amended by amending the title and subsection (a) to read as
 
11 follows:
 
12      "205-4 Amendments to district boundaries [involving land
 
13 areas greater than fifteen acres].(a)  Any department or agency
 
14 of the State, any department or agency of the county in which the
 
15 land is situated, or any person with a property interest in the
 
16 land sought to be reclassified, may petition the land use
 
17 commission for a change in the boundary of a district.  [This
 
18 section applies to all petitions for changes in district
 
19 boundaries of lands within conservation districts and all
 
20 petitions for changes in district boundaries involving lands
 
21 greater than fifteen acres in the agricultural, rural, and urban
 
22 districts, except as provided in section 201G-210.  The land use
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 commission shall adopt rules pursuant to chapter 91 to implement
 
 2 section 201G-210.]"
 
 3      SECTION 13.  Section 205-4.5, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "205-4.5  Permissible uses within the important
 
 6 agricultural lands districts.(a)  Within the important
 
 7 agricultural lands district, all lands [with soil classified by
 
 8 the land study bureau's detailed land classification as overall
 
 9 (master) productivity rating class A or B] shall be restricted to
 
10 the following permitted uses:
 
11      (1)  Cultivation of crops, including but not limited to
 
12           flowers, vegetables, foliage, fruits, forage, and
 
13           timber;
 
14      (2)  Game and fish propagation;
 
15      (3)  Raising of livestock, including but not limited to
 
16           poultry, bees, fish, or other animal or aquatic life
 
17           that are propagated for economic or personal use;
 
18      (4)  Farm dwellings, employee housing, farm buildings, or
 
19           activity or uses related to farming and animal
 
20           husbandry[; Farm dwelling as].  As used in this
 
21           paragraph, "farm dwelling" means a single-family
 
22           dwelling located on and used in connection with a farm,
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           including clusters of single-family farm dwellings
 
 2           permitted within agricultural parks developed by the
 
 3           State, or where agricultural activity provides income
 
 4           to the family occupying the dwelling;
 
 5      (5)  Public institutions and buildings which are necessary
 
 6           for agricultural practices;
 
 7      (6)  Public and private open area types of recreational uses
 
 8           including day camps, picnic grounds, parks, and riding
 
 9           stables, but not including dragstrips, airports, drive-
 
10           in theaters, golf courses, golf driving ranges, country
 
11           clubs, and overnight camps;
 
12      (7)  Public, private, and quasi-public utility lines and
 
13           roadways, transformer stations, communications
 
14           equipment buildings, solid waste transfer stations,
 
15           major water storage tanks, and appurtenant small
 
16           buildings such as booster pumping stations, but not
 
17           including offices or yards for equipment, material,
 
18           vehicle storage, repair or maintenance, or treatment
 
19           plants, or corporation yards, or other like structures;
 
20      (8)  Retention, restoration, rehabilitation, or improvement
 
21           of buildings or sites of historic or scenic interest;
 
22      (9)  Roadside stands for the sale of agricultural products
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           grown on the premises;
 
 2     (10)  Buildings and uses, including [but not limited to]
 
 3           employee housing, farm buildings, mills, storage, and
 
 4           processing facilities, maintenance facilities, and
 
 5           vehicle and equipment storage areas that are normally
 
 6           considered directly accessory to the [abovementioned]
 
 7           uses [and are] permitted under [section 205-2(d);] this
 
 8           subsection;
 
 9     (11)  Agricultural parks; or
 
10     (12)  Wind energy facilities, including the appurtenances
 
11           associated with the production and transmission of wind
 
12           generated energy; provided that such facilities and
 
13           appurtenances are compatible with agriculture uses and
 
14           cause minimal adverse impact on agricultural land.
 
15      (b)  Uses not expressly permitted in subsection (a) shall be
 
16 prohibited, except the uses permitted as provided in sections
 
17 205-6 and 205-8, and construction of single-family dwellings on
 
18 lots existing before June 4, 1976.  Any other law to the contrary
 
19 notwithstanding no subdivision of land within the important
 
20 agricultural lands district [with soil classified by the land
 
21 study bureau's detailed land classification as overall (master)
 
22 productivity rating class A or B] shall be approved by a county
 

 
 
 
Page 23                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 unless the [said A and B] lands within the subdivision [shall be]
 
 2 are made subject to the restriction on uses as prescribed in this
 
 3 section and to the condition that the uses shall be primarily in
 
 4 pursuit of an [agricultural] activity.
 
 5      Any deed, lease, agreement of sale, mortgage, or other
 
 6 instrument of conveyance covering any land within the subdivision
 
 7 in the important agricultural [subdivision] lands district shall
 
 8 expressly contain the restriction on uses and the condition as
 
 9 prescribed in this section which restriction and condition shall
 
10 be encumbrances running with the land until such time that the
 
11 land is reclassified to a land use district other than important
 
12 agricultural lands district.
 
13      If the foregoing requirement of encumbrances running with
 
14 the land jeopardizes the owner or lessee from obtaining mortgage
 
15 financing from any of the mortgage lending agencies set forth
 
16 hereinbelow, and [said] the requirement is the sole reason for
 
17 failure to obtain mortgage financing, then [such] the requirement
 
18 of encumbrances [shall], insofar as such mortgage financing is so
 
19 jeopardized, shall be conditionally waived by the appropriate
 
20 county enforcement officer; provided that [such] the conditional
 
21 waiver shall thereafter become effective only in the event that
 
22 the property is subjected to foreclosure proceedings by the
 

 
 
 
Page 24                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 mortgage lender.
 
 2      The mortgage lending agencies mentioned [hereinabove] in
 
 3 this subsection are the Federal Housing Administration, Federal
 
 4 National Mortgage Association, Department of Veterans
 
 5 [Administration,] Affairs, Small Business Administration, Federal
 
 6 Land Bank of Berkeley, United States Department of Agriculture,
 
 7 Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for
 
 8 Cooperatives, and any other federal, state or private mortgage
 
 9 lending agency qualified to do business in Hawaii, and their
 
10 respective successors and assigns.
 
11      [(c)  Within the agricultural district all lands, with soil
 
12 classified by the land study bureau's detailed land
 
13 classification as overall (master) productivity rating class C,
 
14 D, E, or U shall be restricted to the uses permitted for
 
15 agricultural districts as set forth in section 205-5(b).]"
 
16      SECTION 14.  Section 205-5, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "205-5 Zoning.(a)  Except as [herein] provided[,] in
 
19 this chapter, the powers granted to counties under section 46-4
 
20 shall govern the zoning within the districts, other than in
 
21 conservation districts.  Conservation districts shall be governed
 
22 by the department of land and natural resources pursuant to
 

 
 
 
Page 25                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 chapter 183C.
 
 2      (b)  Within the important agricultural lands districts, uses
 
 3 compatible to the activities described in section [205-2] section
 
 4 205-4.5 as determined by the department of agriculture after
 
 5 consulting with the commission shall be permitted[; provided that
 
 6 accessory agricultural uses and services described in sections
 
 7 205-2 and 205-4.5 may be further defined by each county by zoning
 
 8 ordinance].  Other uses may be allowed by special permits issued
 
 9 pursuant to this chapter.  The minimum lot size in the important
 
10 agricultural lands districts shall be determined by the
 
11 department of agriculture after consulting with each county [by
 
12 zoning ordinance, subdivision ordinance, or other lawful means;]
 
13 through rules adopted in accordance with chapter 91 by the board
 
14 of agriculture; provided that the minimum lot size for any
 
15 agricultural use shall not be less than one acre, except as
 
16 provided [herein.] in this section.  If the county finds that
 
17 unreasonable economic hardship to the owner or lessee of land
 
18 cannot otherwise be prevented or where land utilization is
 
19 improved, the county, after consulting with the department of
 
20 agriculture, may allow lot sizes of less than the minimum lot
 
21 size as specified by law for lots created by a consolidation of
 
22 existing lots within an important agricultural lands district and
 

 
 
 
Page 26                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 the resubdivision thereof; provided that [the]:
 
 2      (1)  The consolidation and resubdivision do not result in an
 
 3           increase in the number of lots over the number existing
 
 4           prior to consolidation; and [provided further that in]
 
 5      (2)  In no event shall a lot, which is equal to or exceeds
 
 6           the minimum lot size of one acre be less than that
 
 7           minimum after the consolidation and resubdivision
 
 8           action.  The county, after consulting with the
 
 9           department of agriculture, may also allow lot sizes of
 
10           less than the minimum lot size as specified by law for
 
11           lots created or used for public, private, and quasi-
 
12           public utility purposes, and for lots resulting from
 
13           the subdivision of abandoned roadways and railroad
 
14           easements.
 
15      [(c)  Unless authorized by special permit issued pursuant to
 
16 this chapter, only the following uses shall be permitted within
 
17 rural districts:
 
18      (1)  Low density residential uses;
 
19      (2)  Agricultural uses; and
 
20      (3)  Public, quasi-public, and public utility facilities.
 
21      In addition, the minimum lot size for any low density
 
22 residential use shall be one-half acre and there shall be but one
 

 
 
 
Page 27                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 dwelling house per one-half acre, except as provided for in
 
 2 section 205-2.]"
 
 3      SECTION 15.  Section 205-5.1, Hawaii Revised Statutes, is
 
 4 amended as follows:
 
 5      1.  By amending subsections (a), (b), and (c) to read:
 
 6      "(a)  Geothermal resource subzones may be designated within
 
 7 the [urban, rural, agricultural, and] important agricultural
 
 8 lands, conservation, and the other lands land use districts
 
 9 established under section 205-2.  Only those areas designated as
 
10 geothermal resource subzones may be utilized for geothermal
 
11 development activities in addition to those uses permitted in
 
12 each land use district under this chapter.  Geothermal
 
13 development activities may be permitted within [urban, rural,
 
14 agricultural, and] important agricultural lands, conservation,
 
15 and the other lands land use districts in accordance with this
 
16 chapter.  "Geothermal development activities" means the
 
17 exploration, development, or production of electrical energy from
 
18 geothermal resources and direct use applications of geothermal
 
19 resources; provided that within the urban, rural, and
 
20 agricultural land use districts, direct use applications of
 
21 geothermal resources are permitted both within and outside of
 
22 areas designated as geothermal resource subzones pursuant to
 

 
 
 
Page 28                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 section 205-5.2 if such direct use applications are in
 
 2 conformance with all other applicable state and county land use
 
 3 regulations and are in conformance with this chapter.
 
 4      (b)  The board of land and natural resources shall have the
 
 5 responsibility for designating areas as geothermal resource
 
 6 subzones as provided under section 205-5.2; except that the total
 
 7 area [within an agricultural district] which is the subject of a
 
 8 geothermal mining lease approved by the board of land and natural
 
 9 resources, any part or all of which area is the subject of a
 
10 special use permit issued by the county for geothermal
 
11 development activities, on or before May 25, 1984, is designated
 
12 as a geothermal resource subzone for the duration of the lease.
 
13 The designation of geothermal resource subzones shall be governed
 
14 exclusively by this section and section 205-5.2, except as
 
15 provided therein.  The board shall adopt, amend, or repeal rules
 
16 related to its authority to designate and regulate the use of
 
17 geothermal resource subzones in the manner provided under chapter
 
18 91.
 
19      The authority of the board to designate geothermal resource
 
20 subzones shall be an exception to those provisions of this
 
21 chapter and of section 46-4 authorizing the land use commission
 
22 and the counties to establish and modify land use districts and
 

 
 
 
Page 29                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 to regulate uses therein.  The provisions of this section shall
 
 2 not abrogate [nor] or supersede the provisions of chapters 182,
 
 3 183, and 183C.
 
 4      (c)  The use of an area for geothermal development
 
 5 activities within a geothermal resource subzone shall be governed
 
 6 by the board within the conservation district and, except as
 
 7 [herein] provided[,] in this chapter, by state and county
 
 8 statutes, ordinances, and rules not inconsistent herewith within
 
 9 [agricultural, rural, and urban] the important agricultural lands
 
10 and the other lands districts, except that no land use commission
 
11 approval or special use permit procedures under section 205-6
 
12 shall be required for the use of such subzones.  In the absence
 
13 of provisions in the county general plan and zoning ordinances
 
14 specifically relating to the use and location of geothermal
 
15 development activities in an [agricultural, rural, or urban]
 
16 important agricultural lands or other lands district, the
 
17 appropriate county authority may issue a geothermal resource
 
18 permit to allow geothermal development activities.  "Appropriate
 
19 county authority" means the county planning commission unless
 
20 some other agency or body is designated by ordinance of the
 
21 county council.  Such uses as are permitted by county general
 
22 plan and zoning ordinances, by the appropriate county authority,
 

 
 
 
Page 30                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 shall be deemed to be reasonable and to promote the effectiveness
 
 2 and objectives of this chapter.  Chapters [177, 178,] 182, 183,
 
 3 183C, 205A, 226, [342,] 342B to 342N, and 343 shall apply as
 
 4 appropriate.  If provisions in the county general plan and zoning
 
 5 ordinances specifically relate to the use and location of
 
 6 geothermal development activities in an [agricultural, rural, or
 
 7 urban] agricultural lands or other lands district, the provisions
 
 8 shall require the appropriate county authority to conduct a
 
 9 public hearing on any application for a geothermal resource
 
10 permit to determine whether the use is in conformity with the
 
11 criteria specified in subsection (e) for granting geothermal
 
12 resource permits; provided that within the [urban, rural, and
 
13 agricultural] agricultural lands or other lands land use
 
14 districts, direct use applications of geothermal resources are
 
15 permitted without any application for a geothermal resource
 
16 permit both within and outside of areas designated as geothermal
 
17 resource subzones pursuant to section 205-5.2 if such direct use
 
18 applications are in conformance with all other applicable state
 
19 and county land use regulations and are in conformance with this
 
20 chapter."
 
21      2.  By amending subsection (e) to read:
 
22      "(e)  If geothermal development activities are proposed
 

 
 
 
Page 31                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 within [agricultural, rural, or urban] the important agricultural
 
 2 lands or other lands districts and such proposed activities are
 
 3 not permitted uses pursuant to county general plan and zoning
 
 4 ordinances, then after receipt of a properly filed and completed
 
 5 application, including all required supporting data, the
 
 6 appropriate county authority shall conduct a public hearing.
 
 7 Upon appropriate request for mediation from any party who
 
 8 submitted comment at the public hearing, the county authority
 
 9 shall appoint a mediator within five days.  The county authority
 
10 shall require the parties to participate in mediation.  The
 
11 mediator shall not be an employee of any county agency or its
 
12 staff.  The mediation period shall not extend beyond thirty days
 
13 after mediation started, except by order of the county authority.
 
14 Mediation shall be confined to the issues raised at the public
 
15 hearing by the party requesting mediation.  The mediator will
 
16 submit a written recommendation to the county authority, based
 
17 upon any mediation agreement reached between the parties for
 
18 consideration by the county authority in its final decision.  If
 
19 there is no mediation agreement, the county authority may have a
 
20 second public hearing to receive additional comment related to
 
21 the mediation issues.  Within ten days after the second public
 
22 hearing, the county authority may receive additional written
 

 
 
 
Page 32                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 comment on the issues raised at the second public hearing from
 
 2 any party.
 
 3      The county authority shall consider the comments raised at
 
 4 the second hearing before rendering its final decision.  The
 
 5 county authority shall then determine whether a geothermal
 
 6 resource permit shall be granted to authorize the geothermal
 
 7 development activities described in the application.  The
 
 8 appropriate county authority shall grant a geothermal resource
 
 9 permit if it finds that the applicant has demonstrated that:
 
10      (1)  The desired uses would not have unreasonable adverse
 
11           health, environmental, or socio-economic effects on
 
12           residents or surrounding property;
 
13      (2)  The desired uses would not unreasonably burden public
 
14           agencies to provide roads and streets, sewers, water,
 
15           drainage, school improvements, and police and fire
 
16           protection; and
 
17      (3)  [That there] There are reasonable measures available to
 
18           mitigate the unreasonable adverse effects or burdens
 
19           referred to above.
 
20      Unless there is a mutual agreement to extend, a decision
 
21 shall be made on the application by the appropriate county
 
22 authority within six months of the date a complete application
 

 
 
 
Page 33                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 was filed; provided that the time limit may be extended by
 
 2 agreement between the applicant and the appropriate county
 
 3 authority."
 
 4      SECTION 16.  Section 205-6, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "205-6 Special permit.(a)  The county planning
 
 7 commission, in consultation with the department of agriculture,
 
 8 may permit certain unusual and reasonable uses within
 
 9 [agricultural and rural] the important agricultural lands
 
10 districts other than those for which the district is classified.
 
11 Any person who desires to use the person's land within an
 
12 important agricultural [or rural] lands district other than for
 
13 an agricultural [or rural use, as the case may be,] use may
 
14 petition the planning commission of the county within which the
 
15 person's land is located for permission to use the person's land
 
16 in the manner desired.  Each county may establish the appropriate
 
17 fee for processing the special permit petition.
 
18      (b)  The planning commission, upon consultation with the
 
19 central coordinating agency, except in counties where the
 
20 planning commission is advisory only in which case the central
 
21 coordinating agency, shall establish by rule [or regulation], the
 
22 time within which the hearing and action on petition for special
 

 
 
 
Page 34                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 permit shall occur.  The county planning commission shall notify
 
 2 the land use commission, the department of agriculture, and such
 
 3 persons and agencies that may have an interest in the subject
 
 4 matter of the time and place of the hearing.
 
 5      (c)  The county planning commission, in consultation with
 
 6 the department of agriculture, [may] under such protective
 
 7 restrictions as may be deemed necessary, may permit the desired
 
 8 use, but only when the use would promote the effectiveness and
 
 9 objectives of this chapter.  A decision in favor of the applicant
 
10 shall require a majority vote of the total membership of the
 
11 county planning commission.
 
12      (d)  Special permits for land the area of which is greater
 
13 than fifteen acres shall be subject to approval by the land use
 
14 commission.  The land use commission may impose additional
 
15 restrictions as may be necessary or appropriate in granting such
 
16 approval, including the adherence to representations made by the
 
17 applicant.
 
18      (e)  A copy of the decision together with the complete
 
19 record of the proceeding before the county planning commission on
 
20 all special permit requests involving a land area greater than
 
21 fifteen acres shall be transmitted to the land use commission
 
22 within sixty days after the decision is rendered.  Within
 

 
 
 
Page 35                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 forty-five days after receipt of the complete record from the
 
 2 county planning commission, the land use commission shall act to
 
 3 approve, approve with modification, or deny the petition.  A
 
 4 denial either by the county planning commission or by the land
 
 5 use commission, or a modification by the land use commission, as
 
 6 the case may be, of the desired use shall be appealable to the
 
 7 circuit court of the circuit in which the land is situated and
 
 8 shall be made pursuant to the Hawaii rules of civil procedure.
 
 9      (f)  Land uses substantially involving or supporting
 
10 educational ecotourism, related to the preservation of native
 
11 Hawaiian endangered, threatened, proposed, and candidate species,
 
12 that are allowed in an approved habitat conservation plan under
 
13 section 195D-21 or safe harbor agreement under section 195D-22,
 
14 which are not identified as permissible uses within the
 
15 agricultural district under sections 205-2 and 205-4.5, may be
 
16 permitted in the agricultural district by special permit under
 
17 this section, on lands with soils classified by the land study
 
18 bureau's detailed land classification as overall (master)
 
19 productivity rating class C, D, E, or U."
 
20      SECTION 17.  Section 205-8, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "205-8 Nonconforming uses.  The lawful use of land or
 

 
 
 
Page 36                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 buildings existing on the date of establishment of any interim
 
 2 important agricultural lands district [and rural district] in
 
 3 final form may be continued although the use, including lot size,
 
 4 does not conform to this chapter; provided that no nonconforming
 
 5 building shall be replaced, reconstructed, or enlarged or changed
 
 6 to another nonconforming use and no nonconforming use of land
 
 7 shall be expanded or changed to another nonconforming use.  In
 
 8 addition, if any nonconforming use of land or building is
 
 9 discontinued or held in abeyance for a period of one year, the
 
10 further continuation of such use shall be prohibited."
 
11      SECTION 18.  Section 205-12, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "205-12  Enforcement.  The appropriate officer or agency
 
14 charged with the administration of county zoning laws shall
 
15 enforce within each county the use classification districts
 
16 adopted by the land use commission and the restriction on use and
 
17 the condition relating to any important agricultural lands
 
18 districts under section 205-4.5 and shall report to the
 
19 commission all violations."
 
20      SECTION 19.  Section 205-18, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "205-18  Periodic review of districts.  (a)  The office of
 

 
 
 
Page 37                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 planning shall undertake a review of the classification and
 
 2 districting of all lands in the State, within five years from
 
 3 December 31, 1985, and every fifth year thereafter.  The office,
 
 4 in its five-year boundary review, shall focus its efforts on
 
 5 reviewing the Hawaii state plan, county general plans, and county
 
 6 development and community plans.  Upon completion of the five-
 
 7 year boundary review, the office shall submit a report of the
 
 8 findings to the commission.  The office may initiate state land
 
 9 use boundary amendments which it deems appropriate to conform to
 
10 these plans.  The office may seek assistance of appropriate state
 
11 and county agencies and may employ consultants and undertake
 
12 studies in making this review.
 
13      (b)  The five-year boundary review shall be conducted to
 
14 review all district boundaries and shall include, but not be
 
15 limited to:
 
16      (1)  A review of agricultural production goals for export
 
17           commodities and local consumption commodities and an
 
18           identification of agricultural land requirements to
 
19           support such goals;
 
20      (2)  A review of lands in the agricultural district to
 
21           identify lands which are below the land evaluation
 
22           threshold rating; are not important agricultural lands;
 

 
 
 
Page 38                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1           and are not in productive agricultural use, to
 
 2           determine their suitability for conservation, or other
 
 3           land uses;
 
 4      (3)  A review of lands in the conservation district with
 
 5           emphasis on lands within the general subzone to
 
 6           identify lands which may be appropriate to reclassify
 
 7           to the other lands district;
 
 8      (4)  A review of lands to identify areas with high value for
 
 9           conservation use in order to ensure the protection of
 
10           natural resources, including watershed and water
 
11           sources; indigenous or endemic plants, fish, and
 
12           wildlife including those which are threatened or
 
13           endangered; park lands, wilderness, and beach reserves;
 
14           shoreline and coastal resources; native forests and
 
15           other forested areas; wetlands, natural streams and
 
16           lakes; scenic, historic, archaeological and cultural
 
17           areas; recreational resources; areas highly susceptible
 
18           to erosion, landslides, flooding, volcanic hazards, and
 
19           other conditions which may threaten lives or property
 
20           and other areas which meet the criteria for
 
21           conservation districts under this chapter; and
 
22      (5)  Identification of requirements for lands in the other
 

 
 
 
Page 39                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1           lands district to provide opportunities for affordable
 
 2           housing and accommodate population growth and economic
 
 3           development.
 
 4      (c)  The office of planning shall submit maps to the
 
 5 commission identifying the proposed boundaries of the
 
 6 conservation, important agricultural, and other lands districts."
 
 7      SECTION 20.  Section 246-12, Hawaii Revised Statutes, is
 
 8 amended:
 
 9      1.  By amending subsections (a), (b), and (c) to read:
 
10      "(a)  A special land reserve is established to enable the
 
11 owner of any parcel of land within an important agricultural
 
12 lands district, [a rural district,] a conservation district, or
 
13 an [urban] other lands district to dedicate [his] the land for a
 
14 specific ranching or other agricultural use and to have [his] the
 
15 land assessed at its value in such use provided that if the land
 
16 is located within an [urban] other lands district, (1) a lessee
 
17 of the land with a term of ten or more years remaining from the
 
18 date of the petition shall also be deemed an owner of the land
 
19 within these provisos; (2) the land dedicated must be used for
 
20 the cultivation of crops such as sugar cane, pineapple, truck
 
21 crops, orchard crops, ornamental crops, or the like; (3) the land
 
22 dedicated must have been substantially and continuously used for
 

 
 
 
Page 40                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 the cultivation of crops such as sugar cane, pineapple, truck
 
 2 crops, orchard crops, ornamental crops, or the like for the five-
 
 3 year period immediately preceding the dedication request;
 
 4 provided further that land situated within an important
 
 5 agricultural lands district may be dedicated for a period of
 
 6 twenty years and shall be taxed at fifty per cent of its assessed
 
 7 value in such use.
 
 8      (b)  If any owner desires to use [his] the owner's land for
 
 9 a specific ranching or other agricultural use and to have [his]
 
10 the land taxed at its assessed value in this use or fifty per
 
11 cent of its assessed value as the case may be, [he] the owner
 
12 shall so petition the director of taxation and declare in [his]
 
13 the owner's petition that [his] the land can best be used for the
 
14 purpose for which [he] the owner requests permission to dedicate
 
15 [his] the land and that if [his] the owner's petition is approved
 
16 [he] the owner will use [his] the land for this purpose.
 
17      Upon receipt of any such petition, the director shall
 
18 request the department of agriculture to make a finding of fact
 
19 as to whether the land in the petitioned area is reasonably well
 
20 suited for the intended use.  The finding of the department of
 
21 agriculture shall include and be based upon the productivity
 
22 ratings of the land in those uses for which it is best suited, a
 

 
 
 
Page 41                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 study of the ownership, size of operating unit, and present use
 
 2 of surrounding similar lands and other criteria as may be
 
 3 appropriate.
 
 4      The director shall also request the director of business,
 
 5 economic development, and tourism to make a finding of fact as to
 
 6 whether the intended use is in conflict with the over-all
 
 7 development plan of the State.
 
 8      If both findings are favorable to the owner, the director
 
 9 shall approve the petition and declare that the owner's land is
 
10 dedicated land; provided that for lands in [urban] the other
 
11 lands districts, the director shall make further findings
 
12 respecting the economic feasibility of the intended use of the
 
13 land.  If all three findings are favorable, the director shall
 
14 approve the petition and declare the land to be dedicated.  A
 
15 change in the dedicated use may be made by petition as provided
 
16 in this subsection.
 
17      (c)  The approval by the director of the petition to
 
18 dedicate shall constitute a forfeiture on the part of the owner
 
19 of any right to change the use of the owner's land to a use other
 
20 than agriculture for a minimum period of ten years or twenty
 
21 years as the case may be, automatically renewable indefinitely,
 
22 subject to cancellation as follows:
 

 
 
 
Page 42                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  In the case of a ten-year dedication, the owner, after
 
 2           the ninth year and years thereafter, may give notice of
 
 3           cancellation by filing with the director[,] a written
 
 4           notice of cancellation[,] on or before April 9, to be
 
 5           effective as of January 1 of the following year;
 
 6      (2)  In the case of a twenty-year dedication, the owner,
 
 7           during the nineteenth year and years thereafter, may
 
 8           give notice of cancellation as provided by this
 
 9           subsection;
 
10      (3)  In the case of a change in major land use
 
11           classification not as a result of a petition by any
 
12           property owner or lessee such that the owner's land is
 
13           placed within an [urban] other lands district, the
 
14           dedication may be canceled within sixty days of the
 
15           change by the owner.
 
16 Upon any conveyance or any change in ownership during the period
 
17 of dedication, the land shall continue to be subject to the terms
 
18 and conditions of the dedication unless a release has been issued
 
19 by the director."
 
20      2.  By amending subsection (h) to read:
 
21      "(h)  A special land reserve is established to enable the
 
22 owner of any parcel of land within an [urban] other lands
 

 
 
 
Page 43                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 district to dedicate [his] the land for a specific livestock use
 
 2 such as feed lots, calf-raising and like operations in dairy,
 
 3 beef, swine, poultry and aquaculture, but excluding grazing or
 
 4 pasturing, and to have [his] the land assessed at its value in
 
 5 such use; provided that (1) a lessee of the land with a term of
 
 6 ten or more years remaining from the date of the petition shall
 
 7 also be deemed an owner of the land within these provisos; (2)
 
 8 the land dedicated must be used for livestock uses such as feed
 
 9 lots, calf-raising, and like operations in dairy, beef, swine,
 
10 poultry and aquaculture but excluding grazing or pasturing; (3)
 
11 the land dedicated must have been substantially and continuously
 
12 used in the livestock uses enumerated in (2) hereinabove; (4) and
 
13 such livestock use must be compatible with the surrounding uses." 
 
14      SECTION 21.  Section 246-34, Hawaii Revised Statutes, is
 
15 amended:
 
16      1.  By amending its title to read as follows:
 
17      "246-34  Exemption, dedicated lands in [urban] other lands
 
18 districts."
 
19      2.  By amending subsection (b) to read as follows:
 
20      "(b)  Any owner of taxable real property in an [urban] other
 
21 lands district desiring to dedicate a portion or portions thereof
 
22 for landscaping, open spaces, public recreation, and other
 

 
 
 
Page 44                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 similar uses shall petition the director of taxation stating the
 
 2 exact area of the land to be dedicated and that the land is not
 
 3 within the setback and open space requirements of applicable
 
 4 zoning and building code laws and ordinances, and that the land
 
 5 shall be used, improved, and maintained in accordance with and
 
 6 for the sole purpose for which it was dedicated, except that land
 
 7 within a historic district may be so dedicated without regard to
 
 8 the setback and open space requirements of applicable zoning and
 
 9 building code laws and ordinances. 
 
10      The director shall make a finding as to whether the use to
 
11 which such land will be dedicated has a benefit to the public at
 
12 least equal to the value of the real property taxes for such
 
13 land.  Such finding shall be measured by the cost of
 
14 improvements, the continuing maintenance thereof, and such other
 
15 factors as the director may deem pertinent.  If the director
 
16 finds that the public benefit is at least equal to the value of
 
17 real property taxes for such land, the director shall approve the
 
18 petition and declare such land to be dedicated land."
 
19      SECTION 22.  Section 205-3.1, Hawaii Revised Statutes, is
 
20 repealed.
 
21      ["205-3.1  Amendments to district boundaries.(a)
 
22 District boundary amendments involving land areas greater than
 

 
 
 
Page 45                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 fifteen acres shall be processed by the land use commission
 
 2 pursuant to section 205-4.
 
 3      (b)  Any department or agency of the State, and department
 
 4 or agency of the county in which the land is situated, or any
 
 5 person with a property interest in the land sought to be
 
 6 reclassified may petition the appropriate county land use
 
 7 decision-making authority of the county in which the land is
 
 8 situated for a change in the boundary of a district involving
 
 9 lands less than fifteen acres presently in the agricultural,
 
10 rural, and urban districts.
 
11      (c)  District boundary amendments involving land areas of
 
12 fifteen acres or less, except in conservation districts, shall be
 
13 determined by the appropriate county land use decision-making
 
14 authority for said district and shall not require consideration
 
15 by the land use commission pursuant to section 205-4.  District
 
16 boundary amendments involving land areas of fifteen acres or less
 
17 in conservation districts shall be processed by the land use
 
18 commission pursuant to section 205-4.  The appropriate county
 
19 land use decision-making authority may consolidate proceedings to
 
20 amend state land use district boundaries pursuant to this
 
21 subsection, with county proceedings to amend the general plan,
 
22 development plan, zoning of the affected land or such other
 

 
 
 
Page 46                                        126         
                                     H.B. NO.           
                                                        
                                                        

 
 1 proceedings.  Appropriate ordinances and rules to allow
 
 2 consolidation of such proceedings may be developed by the county
 
 3 land use decision-making authority.
 
 4      (d)  The county land use decision-making authority shall
 
 5 serve a copy of the application for a district boundary amendment
 
 6 to the land use commission and the department of business,
 
 7 economic development, and tourism and shall notify the commission
 
 8 and the department of the time and place of the hearing and the
 
 9 proposed amendments scheduled to be heard at the hearing.  A
 
10 change in the state land use district boundaries pursuant to this
 
11 subsection shall become effective on the day designated by the
 
12 county land use decision-making authority in its decision.
 
13 Within sixty days of the effective date of any decision to amend
 
14 state land use district boundaries by the county land use
 
15 decision-making authority, the decision and the description and
 
16 map of the affected property shall be transmitted to the land use
 
17 commission and the department of business, economic development,
 
18 and tourism by the county planning director."]
 
19      SECTION 23.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 24.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________