Cross References Acquisition of important agricultural lands, see § §163D-31 to 163D-33. Acquisition of resource value lands, see chapter 173A. Legacy land conservation commission, see § §173A-2.4 to 173A-2.6. Law Journals and Reviews Avoiding the Next Hokuli`a: The Debate over Hawai`i’s Agricultural Subdivisions. 27 UH L. Rev. 441 (2005). Case Notes This part does not […]
§205-42 Important agricultural lands; definition and objectives. (a) As used in this part, unless the context otherwise requires, “important agricultural lands” means those lands, identified pursuant to this part, that: (1) Are capable of producing sustained high agricultural yields when treated and managed according to accepted farming methods and technology; (2) Contribute to the State’s […]
§205-43 Important agricultural lands; policies. State and county agricultural policies, tax policies, land use plans, ordinances, and rules shall promote the long-term viability of agricultural use of important agricultural lands and shall be consistent with and implement the following policies: (1) Promote the retention of important agricultural lands in blocks of contiguous, intact, and functional […]
§205-44 Standards and criteria for the identification of important agricultural lands. (a) The standards and criteria in this section shall be used to identify important agricultural lands. Lands identified as important agricultural lands need not meet every standard and criteria listed in subsection (c). Rather, lands meeting any of the criteria in subsection (c) shall […]
§205-44.5 Important agricultural lands; public lands. (a) Notwithstanding any law to the contrary, before December 31, 2009, the department of agriculture and the department of land and natural resources shall collaborate to identify public lands as defined under section 171-2 that should be designated important agricultural lands as defined in section 205-42 and shall cause […]
§205-45 Petition by farmer or landowner. (a) A farmer or landowner with lands qualifying under section 205-44 may file with the commission a petition for declaratory order to designate the lands as important agricultural lands. The petition may be filed at any time in the designation process. (b) Any law to the contrary notwithstanding, within […]
§205-45.5 Important agricultural land; farm dwellings and employee housing. A landowner whose agricultural lands are designated as important agricultural lands may develop, construct, and maintain farm dwellings and employee housing for farmers, employees, and their immediate family members on these lands; provided that: (1) The farm dwellings and employee housing units shall be used exclusively […]
§205-46 Incentives for important agricultural lands. (a) To achieve the long-term agricultural viability and use of important agricultural lands, the State and each county shall ensure that their: (1) Agricultural development, land use, water use, regulatory, tax, and land protection policies; and (2) Permitting and approval procedures, enable and promote the economic sustainability of agriculture. […]
§205-46.5 Agricultural processing facilities; permits; priority. (a) Any agency subject to this chapter or title 13 that issues permits shall establish and implement a procedure for the priority processing of permit applications and renewals, at no additional cost to the applicant, for agricultural processing facilities that process crops or livestock from an agribusiness; provided that […]
§205-47 Identification of important agricultural lands; county process. (a) Each county shall identify and map potential important agricultural lands within its jurisdiction based on the standards and criteria in section 205-44 and the intent of this part, except lands that have been designated, through the state land use, zoning, or county planning process, for urban […]
§205-48 Receipt of maps of eligible important agricultural lands; land use commission. (a) The land use commission shall receive the county recommendations and maps delineating those lands eligible to be designated important agricultural lands no sooner than the effective date of the legislative enactment of protection and incentive measures for important agricultural lands and agricultural […]
§205-49 Designation of important agricultural lands; adoption of important agricultural lands maps. (a) After receipt of the maps of eligible important agricultural lands from the counties and the recommendations of the department of agriculture and the office of planning and sustainable development, the commission shall then proceed to identify and designate important agricultural lands, subject […]
§205-50 Standards and criteria for the reclassification or rezoning of important agricultural lands. (a) Any land use district boundary amendment or change in zoning involving important agricultural lands identified pursuant to this chapter shall be subject to this section. (b) Upon acceptance by the county for processing, any application for a special permit involving important […]
§205-51 Important agricultural lands; county ordinances. (a) Each county shall adopt ordinances that reduce infrastructure standards for important agricultural lands no later than the effective date of 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. […]
§205-52 Periodic review and amendment of important agricultural lands maps. The maps delineating important agricultural lands shall be reviewed in conjunction with the county general plan and community, development, or community development plan revision process, or at least once every ten years following the adoption of the maps by the land use commission; provided that […]
