Land Use; Rural Districts; Important Agricultural Lands
Provides incentives to landowners who designate their land as important agricultural lands.
HOUSE OF REPRESENTATIVES
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO LAND use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§205- Satisfaction of state or county affordable housing requirements for land in a rural district. (a) In lieu of partially satisfying a state or county affordable housing assessment in a rural district, a project landowner may fulfill section 205-2(c)(7); provided that the project landowner provides per cent more affordable housing units on the land in the rural district than required by the assessment.
(b) No more than per cent of the affordable housing assessment under subsection (a) may be satisfied on the land in the rural district."
SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Rural districts shall include [
(1) 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];
(2) Small farms [
with low density residential lots, except that within a subdivision, as
defined in section 484-1, the commission, for good cause and on
petition for a special permit, 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];
(3) Contiguous areas [
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];
(4) Golf courses, golf driving ranges,
and golf-related facilities[
(5) Agribusiness activities, including but not limited to horticulture, apiculture, aquaculture, the raising and keeping of livestock, and establishment of plant nurseries;
(6) Farm worker housing; and
(7) Affordable housing, without regard to any density requirements and without a special permit; provided that the housing is affordable to households with incomes at or below one hundred forty per cent of the median family income as determined by the United States Department of Housing and Urban Development."
SECTION 3. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(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[
;], with a
minimum lot size of one-half acre and one dwelling unit per lot, except as
provided in section 205-2(c);
(2) Agricultural uses;
(3) Golf courses, golf driving ranges, and
golf-related facilities; [
(4) Public, quasi-public, and public utility facilities[
(5) Agribusiness activities, as provided in section 205‑2(c);
(6) Farm worker housing; and
(7) Affordable housing, as provided in section 205-2(c).
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 4. Section 205-45, Hawaii Revised Statutes, is amended to read as follows:
Petition by farmer or landowner. (a) A farmer or landowner with lands
qualifying under section 205-44 may file a petition for declaratory ruling to
designate important agricultural lands with the commission at any time in
the designation process.
(b) Any law to the contrary notwithstanding, within the same petition for declaratory ruling as described in subsection (a), the petitioner may seek an automatic reclassification of land in an agricultural district to a rural district; provided that the:
(1) Land is within the same county as the land the petitioner seeks to designate as important agricultural lands; and
(2) Reclassification is consistent with the relevant county general plan.
(b)] (c) The petition for
declaratory ruling shall be submitted in accordance with subchapter 14 of the
commission's rules and shall include:
(1) Tax map keys of the land to be designated as important agricultural lands and, if applicable, the land to be reclassified from agricultural district to rural district, along with verification and authorization from the applicable landowners;
(2) Proof of qualification for designation as important agricultural lands under section 205-44, respecting a regional perspective; and
(3) The current or planned agricultural use of the
area to be designated[
.] as important agricultural lands.
(c)] (d) The commission shall
review the petition and the accompanying submissions to evaluate the
qualifications of the land for designation as important agricultural lands in
accordance with section 205-44. If the commission, after its review and
evaluation, finds that the lands qualify for designation as important
agricultural lands under this part, the commission shall vote, by a two-thirds
majority of the members of the commission, to issue a declaratory order
designating the lands as important agricultural lands[ .] and, if
applicable, reclassifying petitioner’s identified land from agricultural
district to rural district.
(d) Designating important agricultural
lands by the commission] (e) The designation or reclassification of
land pursuant to subsections (a) or (b) shall not be considered as an
amendment to district boundaries under sections 205-3.1 and 205-4 or become
effective prior to legislative enactment of protection and incentive measures
for important agricultural land and agricultural viability, as provided in
section 9 of Act 183, Session Laws of Hawaii 2005.
(e)] (f) Farmers or landowners
with lands qualifying under section 205-44 may file petitions for a declaratory
ruling to designate lands as important agricultural lands following the
legislative enactment of protection and incentive measures for important
agricultural lands and agricultural viability, as provided in section 9 of Act
183, Session Laws of Hawaii 2005.
(g) The commission may adopt rules pursuant to chapter 91 to effectuate this section."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.