THE SENATE

S.B. NO.

941

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AGRICULTURAL LANDS.

 

 

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

 


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

"(b) Uses not expressly permitted in subsection (a) shall be prohibited, except the uses permitted as provided in sections 205-6 and 205-8, and construction of single-family dwellings on lots existing before June 4, 1976. Any other law to the contrary notwithstanding, no subdivision of land within the agricultural district with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be approved by a county unless those A and B lands within the subdivision are made subject to the restriction on uses as prescribed in this section and to the condition that the uses shall be primarily in pursuit of an agricultural activity.

Upon final subdivision, sale, or lease, the owner or occupier shall provide written notice to the land use commission of the agricultural uses or activities for which the agricultural lands were subdivided, sold, or leased. Such written notification shall be provided to the land use commission within thirty days of the subdivision, sale, or lease.

Any deed, lease, agreement of sale, mortgage, or other instrument of conveyance covering any land within the agricultural subdivision shall expressly contain the restriction on uses and the condition, as prescribed in this section that these restrictions and conditions shall be encumbrances running with the land until such time that the land is reclassified to a land use district other than agricultural district.

If the foregoing requirement of encumbrances running with the land jeopardizes the owner or lessee in obtaining mortgage financing from any of the mortgage lending agencies set forth in the following paragraph, and the requirement is the sole reason for failure to obtain mortgage financing, then the requirement of encumbrances shall, insofar as such mortgage financing is jeopardized, be conditionally waived by the appropriate county enforcement officer; provided that the conditional waiver shall become effective only in the event that the property is subjected to foreclosure proceedings by the mortgage lender.

The mortgage lending agencies referred to in the preceding paragraph are the Federal Housing Administration, Federal National Mortgage Association, Department of Veterans Affairs, Small Business Administration, United States Department of Agriculture, Federal Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for Cooperatives, and any other federal, state, or private mortgage lending agency qualified to do business in Hawaii, and their respective successors and assigns."

SECTION 2. Section 205-12, Hawaii Revised Statutes, is amended to read as follows:

"205-12 Enforcement. [The] (a) Except with regard to the enforcement of any conditions, restrictions, uses, or the subdivision of agricultural land, the appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission [and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations].

(b) The land use commission shall have jurisdiction over the investigation and enforcement of any violation of any conditions, restrictions, or uses of agricultural lands. Any person may report a violation of section 205-4.5 to the land use commission.

(c) The land use commission may enter the property upon the investigation of a violation, and upon reasonable notice to the owner or occupier, to investigate for violations of and noncompliance with the terms of a land use classification reported under subsection (a); provided that if entry is refused after reasonable notice is given, the land use commission may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the land use commission in gaining entry onto the property to investigate exempted agricultural buildings for compliance with the requirements of this section.

(d) If a landowner or occupier does not comply with any decision and order of the land use commission, or any provision thereof, the land use commission may issue a cease and desist order, subpoena the landowner or occupier before the commission for further proceedings, or both.

(e) If the land use commission finds that any violation has occurred, the land use commission may issue citations and assess fines and liens on the property. The land use commission shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to the land use commission for the commission's enforcement duties pursuant to this Act.

The sums appropriated shall be expended by the land use commission for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2019.



 

Report Title:

Agricultural Lands; Subdivision; Right to Enter; Notice; Appropriation

 

Description:

Requires an owner or occupier of agricultural land to notify the Land Use Commission of the agricultural uses for which land was subdivided. Grants the Commission enforcement authority over conditions, restrictions, uses, and subdivision of agricultural lands, including the right to enter and inspect lands, issue orders, and impose fines or liens for violations. Appropriates funds. (SD2)

 

 

 

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