HAR §4-159-18. Lease provisions, generally

** Every lease issued by the board shall contain: (1) The specific use or uses to which the land is to be employed, provided that the use or uses shall be for agricultural enterprise operations or activities only; (2) The improvements required, provided that a minimum reasonable time shall be allowed for the completion of the improvements, and provided further that the board may permit the lessee to offset the cost of any improvements to the leasehold against not more than two years of lease rental. This provision shall not apply to lease conversions as defined in section 4-159-8; (3) Restrictions against alienation as set forth in section 4-159-5; (4) The rent as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments; (5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas; reservation of rights-of-way 159-30 3620 4-159-19 and access to other public lands, public hunting areas, game management areas, or public beaches; and prevention of nuisance and waste; (6) A "bona fide operator" must be named and included in all applications. The "bona fide operator" or qualified representative must be at the enterprise during operational hours; and (7) Such other terms and conditions as the board deems necessary to preserve and protect agricultural enterprise lands and to effectuate the purposes of the state constitution and chapter 141D, HRS. [Eff JAN 23 2026] (Auth: SLH 2022, HRS §141D-7, §7) (Imp: SLH 2022, HRS §141D-7, §8) **