HAR §13-140-2. Definitions

As used in this chapter, unless otherwise provided or required by context: “Agricultural easement” is an interest in real property that has the purpose of preserving or protecting land for agricultural use and is either authorized under chapter 198, HRS, or has been defined 140-4 in nature and scope by the laws or rules of a federal, county, or State grant program that will provide matching funds for a land acquisition grant from the fund. “Awardee” means a grant applicant that has been awarded grant funding pursuant to section 173A-9, HRS. “Board” means board of land and natural resources. “Commission” means the legacy land conservation commission. “Conservation easements” means conservation easements under chapter 198, HRS. “Critical habitats” means areas designated as such under the federal Endangered Species Act of 1973 (7 U.S.C. § 136, 16 U.S.C. § 1531, et seq.). “Division” means the division of forestry and wildlife. “Department” means the department of land and natural resources. “Fund” means the land conservation fund established under section 173A-5, HRS. “Grant agreement” means contract. “In-kind” means donated. “Land acquisition grants” means funds granted for: (1) The acquisition of: (A) Land in fee; (B) Permanent conservation easements under chapter 198, HRS; and (C) Agricultural easements; and (2) Reasonable costs related to the purchase of the property. “Land” means the earth, water, and air, above, below, or on the surface, and includes easements and rights in land, and any improvement on land. “Management grants” means funds granted for the operation, maintenance, and management of lands acquired with funds from the land conservation fund. “Nonprofit land conservation organization” means an organization that protects “resource value” as defined herein or “land having value as a resource to the State” as defined under section 173A-2, HRS, as 140-5 part of its activities or mission and has been determined and designated to be a nonprofit organization by the Internal Revenue Service. “Program” means the legacy land conservation program. “Resource value” means watershed, coastal area, beach, ocean access, habitat, cultural site, historic site, recreational, public hunting, park, natural area, agricultural production, open space, and scenic characteristics or benefits. [Eff 7/21/12] (Auth: HRS §173A-7) (Imp: HRS §173A-7)