HOUSE OF REPRESENTATIVES

H.R. NO.

234

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

ESTABLISHING A LAND USE WORKING GROUP TO ADDRESS ISSUES RELATING TO NON-AGRICULTURAL ACTIVITY ON AGRICULTURALLY CLASSIFIED LANDS.

 

WHEREAS, the State of Hawaii consists of approximately four million acres, divided into four major land classifications as follows:

(1) Agriculture (one million nine hundred thousand acres);

(2) Conservation (one million nine hundred thousand acres);

(3) Urban (Two hundred fifty thousand acres); and

(4) Rural (twelve thousand acres); and

WHEREAS, Act 183, Session Laws of Hawaii 2005, established policies, procedures, standards, and criteria and a process to identify important agricultural lands that will help ensure their conservation and availability for long term agricultural use, as well as conditions for the reclassification and rezoning of agricultural lands, and provided for the development of incentives to promote agricultural viability for both farmers and landowners; and

WHEREAS, Act 205, Session Laws of Hawaii 2005, provided for needed redefining of the State's rural district on the part of the Land Use Commission, together with the Office of Planning and the Planning Directors of each of the four counties, not only to encompass existing residential communities on agriculturally classified lands, including former plantation camps, villages, and towns, but also to envision and plan for acceptable rural developments to accommodate future population growth; and

WHEREAS, there has been an ever-increasing number of non-agricultural developments on agriculturally classified lands, including luxury estates, contrary to the original intent of Chapter 205, Hawaii Revised Statutes, first enacted in 1963, as a result of many factors including but not limited to:

(1) The fact that the agricultural district became a "catch all" into which all lands not identified as urban or conservation (and subsequently rural) were placed, regardless of whether those lands were agriculturally viable;

(2) Both broad interpretations and misinterpretations of statutory language; and

(3) Gradual and continuing expansion of such non-agricultural uses without intervention by governing authorities, thus establishing precedence and becoming accepted practice; and

WHEREAS, primarily for farming convenience, efficiency, and security purposes, living quarters or dwellings became permitted uses on agricultural lands; and through a subsequent 1976 amendment, all dwellings on agricultural lands, including those not involved with agricultural activity, were grandfathered, with imposed restrictions, as non-conforming uses; and "farm dwelling" was defined, in a effort to prevent abuses; and

WHEREAS, in 1991, section 205-2, Hawaii Revised Statutes, was amended to allow:

(1) "Accessory uses", including but not limited to farm dwellings on lands without agricultural activity, provided that income is derived from agricultural activity on an adjacent parcel; and

(2) Accessory agricultural uses and services described in sections 205-2 and 205-4.5, Hawaii Revised Statutes, to be further defined by each county by zoning ordinance; and

WHEREAS, the preceding amendments have only served to expand non-agricultural activity on agriculturally classified lands to the extent that there are at least one hundred twenty-four residential subdivisions on agriculturally classified lands, thirty-five of which were approved during the last ten years; and

WHEREAS, the multitude of issues that must be addressed and the far reaching impacts on landowners, farmers, and the thousands who reside on agriculturally designated lands, as well as interested groups and citizens, strongly suggests that this critical matter be subjected to a fact-finding, decision-making process in which all these stakeholders are fully engaged, rather than attempting to seek resolution in the brief, remaining period of this legislative session; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that a Land Use Working Group be established by the respective chairpersons of the House of Representatives Committees on Water, Land, and Ocean Resources and Agriculture to identify all the issues and problems involving non-agricultural uses on agriculturally classified lands; and

BE IT FURTHER RESOLVED that representatives from the Land Use Commission, Office of Planning, and all county planning departments be members of the Land Use Working Group; and

BE IT FURTHER RESOLVED that the Land Use Working Group may also include but is not limited to representatives from:

(1) The Department of Land and Natural Resources;

(2) The Department of Agriculture;

(3) The University of Hawaii, College of Tropical Agriculture and Human Resources;

(4) Landowners and landowner groups;

(5) Farmers and farmer's organizations; and

(6) Environmental and conservation groups; and

BE IT FURTHER RESOLVED that it is the intent of the Legislature that the effort and actions of the Land Use Working Group be combined with and not separated from other groups established under Act 183 and Act 205, provided that the Important Agricultural Lands Incentives Task Force will continue to operate independently, unless determined otherwise by the Land Use Working Group and with the concurrence of the Department of Agriculture; and

BE IT FURTHER RESOLVED that the Land Use Working Group is requested to address questions and issues such as, but not limited to:

(1) Should existing settlements and developments on agriculturally classified lands that are not engaged in bona fide agricultural activity be allowed as non-conforming use or require a land use reclassification? Should there be a simplified one-time reclassification process for such settlements that meet certain criteria? If so, what should be the criteria;

(2) What is a bona fide agricultural activity? Should there be an income criteria and, if so, what is the criteria;

(3) What are the specific uses allowed on lands designated "C," "D," "E," and "U" by the Land Study Bureau? Should there be reclassification for lands that have uses other than bona fide agriculture? Should there be established a fifth (open or other) major land category;

(4) What is the definition of a "dwelling", "farm dwelling", and "accessory uses", and where should these be permitted or prohibited; and

(5) As the counties prepare, adopt, or update their comprehensive general plans in which future uses for urban, rural, agricultural, and open space areas are identified, should there be a process in which the lands can be more readily reclassified, particularly where small landowners may not have the means to proceed through current reclassification procedures; and

BE IT FURTHER RESOLVED that the Land Use Working Group is requested to submit its findings and recommendations to the Legislature, not later that twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, Chairperson of the Board of Agriculture, Executive Officer of the Land Use Commission, Director of the Office of Planning, Director of Planning and Permitting, City and County of Honolulu, Director of the Department of Planning, County of Hawaii, Director of the Department of Planning, County of Kauai, Director of the Department of Planning, County of Maui, and the Dean of University of Hawaii, College of Tropical Agriculture and Human Resources.

Report Title:

Agricultural Lands; Non-agricultural Use