Report Title:

Land Use; historic agricultural landmark

 

Description:

Establishes historic agricultural landmarks, designated by law, to be preserved and perpetuated as agricultural land for the benefit of the people of Hawaii. (SB2997 HD1)

 


THE SENATE

S.B. NO.

2997

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO LAND USE.

 

 

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

 


SECTION 1. When the legislature enacted Act 183, Session Laws of Hawaii 2005, establishing important agricultural lands, it declared that the people of Hawaii have a substantial interest in the health and sustainability of agriculture as an industry in the state and that there is a compelling state interest in conserving the State's agricultural land resource base and ensuring the long‑term availability of agricultural lands for agricultural use. This is in accord with the State's responsibility under article XI, section 3, of the Hawaii Constitution to conserve and protect agricultural lands.

The legislature finds that certain agricultural lands are also important because of their special historical, cultural, and visual value to the State and are akin in many ways to landmarks. The legislature further finds that these "historic agricultural landmarks" should be preserved and perpetuated as agricultural land for the benefit of the people of Hawaii.

Agricultural lands, such as the George Galbraith Trust agricultural lands north of Wahiawa, Oahu, are intertwined with the historic and cultural fabric of the surrounding towns and their people. The Galbraith lands in question are pineapple plantation lands and home to former and current pineapple workers, many of whom have lived and worked on the pineapple plantation lands for decades. Many of the workers who left the pineapple plantation camps settled in surrounding towns, and their families are still living there today.

The pineapple industry is a significant part of Hawaii history. Wahiawa, in particular, was once known as "The City of Pines" or "Land of a Million Pines" and considered the hub of the world's pineapple industry. The Galbraith lands in question are, in essence, a prime example of agricultural lands that have a special historical, cultural, and visual value to the people of Hawaii.

Part III of chapter 205, Hawaii Revised Statutes, establishes standards and criteria for the identification, as well as the designation, of important agricultural lands. However, the legislature finds that historic agricultural landmarks should be designated by law. The legislature further finds that instead of acquiring the agricultural land, the State should restrict the land use to preserve and perpetuate it as agricultural land for the continuing benefit of the people of Hawaii.

The purpose of this Act is to:

(1) Enable the legislature to designate certain agricultural lands as historic agricultural landmarks because of their special historical, cultural, and visual value to the State;

(2) Provide incentives for historic agricultural landmarks similar to the proposed incentives for important agricultural lands under section 205‑46, Hawaii Revised Statutes;

(3) Provide that historic agricultural landmarks can only be designated by law; and

(4) Establish standards and criteria for reclassification or rezoning, to better preserve the historic agricultural landmarks for the education, pleasure, and welfare of the people of Hawaii.

SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:

"205‑A Historic agricultural landmark. (a) The objective of a designation of a historic agricultural landmark is to restrict the land use to agricultural to preserve and perpetuate it as agricultural land for the continuing benefit of the people of the state.

(b) A historic agricultural landmark shall be designated through enactment of legislation. Once designated as a historic agricultural landmark, the uses allowed on the land shall be restricted to the permitted uses listed in section 205‑4.5.

(c) A landowner with land designated as a historic agricultural landmark shall be entitled to any incentives applicable to landowners with land designated as important agricultural lands.

(d) Notwithstanding any law to the contrary, any land use district boundary amendment or change in zoning involving a historic agricultural landmark shall be made pursuant to section 205‑50; provided that any decision pursuant to section 205‑50 shall also be based upon a determination that, on balance, the public benefit from the proposed district boundary amendment or zone change outweighs the historic and cultural value of the agricultural land to the state.

(e) As used in this part, "historic agricultural landmark" means land within the agricultural district that has significant historic, cultural, and visual value to the state.

205‑B Galbraith historic agricultural landmark. Agricultural lands that are part of the George Galbraith Trust and are identified by tax map key numbers (01) 7‑1‑01 and (01) 6‑5‑02, as bounded, respectively, by Schofield Barracks and Wahiawa Reservoir (Lake Wilson) to the south, Kaukonahua Gulch to the east, and Poamoho Gulch to the north, are declared to have significant historic, cultural, and visual value to the state and are hereby designated as a historic agricultural landmark pursuant to section 205‑A."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020.