HAR §15-15-110. Emergency rulemaking

If the commission finds that an imminent peril to public health or safety requires adoption, amendment, or repeal of a rule upon less than thirty days notice of hearing, and states in writing its reasons for that finding, it may adopt emergency rules pursuant to section 91-3(b) and 91-4, HRS. [Eff 10/27/86; am and eomp 8/16/97; comp 5/8/00; am and comp NOV 0 22013 ] (Auth: HRS ÿ205-i, 205-7) (Imp: HRS ÿ91-3, 91-4) SUBCHAPTER 16 LAND USE DISTRICT BOUNDARIES 15-15-iii Land use district boundaries. (a) The boundaries of land use districts are shown on the land use district maps, entitled "Land Use District Boundaries, dated December 20, 1974," as amended, maintained and under the custody of the commission. (b) The official maps entitled "Land Use District Boundaries, dated December 20, 1974," as amended, are located in the commission office. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; comp NOV ÿiÿ ] (Auth: HRS ÿ205-i, 205-7) (Imp: HRS ÿ205-i) SUBCHAPTER 17 IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS 515-15-120 Criteria and procedure for the identification of important agricultural lands. (a) The commission shall not approve a petition to have land designated as important agricultura! land, either in whole or in part, unless the commission finds upon a clear preponderance of the evidence, that the designation is reasonable and consistent with the 9O ]OBI policies of chapter 205 HRS and the provisions of this subchapter 17. (b) Any petition seeking to designate lands as important agricultural lands shall adhere to the requirements of subchapter 14 of this chapter. A petition seeking to designate lands as important agricultural lands and a reclassification of lands to urban, rural or conservation under section 205-45, HRS, or a credit for reclassification of lands to urban, rural or conservation, shall be set for hearing in accordance with section 15-15-100. Any hearing set for determination of a petition for designation of important agricultural lands under this section Shall be held pursuant to the procedures and requirements set forth in section 205-4, HRS, and subchapters 7 and 14 of this chapter. Petitions to intervene shall follow the procedures and requirements contained in section 15-15-52o (c) In review of any petition seeking, in part or in whole, to have lands classified as important agricultura! lands, the commission shall specifically consider the following: (i) Whether the land is currently used for agricultural production; (2) (3) 6) 5) 4) The land's soil qualities and whether the growing conditions support agricultural production of food, fiber, or fuel- and energy-producing crops; The land's classification or identification under agricultura! productivity rating systems, such as the agricultural lands of importance to the State of Hawai'i (ALISH) system adopted by the board of agriculture on January 28, 1977; If the land has been or is a type that has been associated with traditional native Hawaiian agricultural uses, such as taro cultivation, or unique agricultural crops and uses, such as coffee, vineyards, aquaculture, and energy production; The land shall have sufficient quantities of water to support viable agricultural production; If the land's designation as important agricultural lands will be consistent with general, development, and community plans of 91 (7) the county; Land that contributes to maintaining a critica! land mass important to agricultural operating productivity; and (8). Whether the land has, or is near, support infrastructure conducive to agricultural productivity, such as transportation to markets, water, or power. (d) If a petition is limited solely to designation by a landowner of important agricultural lands, the commission shall weigh the criteria set forth in section 15:15-120(c) against each other to meet the objectives of section 205-42 HRS. (e) The commission shall not accept any petition to designate lands as important agricultural lands covering substantially the same request for substantially the same land as had previously been denied by the commission within one year of the date of filing of findings of fact and conclusions of law denying the petition. [Elf and comp NOV 0 22013 ] (Auth: HRS §§205-i, 205-7, 205-45) (Imp: HRS ÿ205- 44) 15-15-121 Petition by farmer or landowner. (a) A farmer or landowner seeking to have lands designated important agricultural lands may file a petition for declaratory ruling with the commission seeking to have its lands designated important agricultural lands. (b) The petition for declaratory ruling shall be submitted in accordance with subchapter 14 and shall include: (i) Tax map keys of the land to be designated along with verification and authorization from the applicable landowners; (2) Proof of qualification for designation under section 15-15-120; and (3) The current or planned agricultural use of the area to be designated. (c) The commission shall review the petition and the accompanying submissions to evaluate the qualifications of the land for designation as important agricultural lands in accordance with section 15-15- 92 121. (d) A petition for declaratory order seeking designation of lands as important agricultural lands shall only be granted if a two-thirds majority of the commission finds, after its review and evaluation and based upon a preponderance of the evidence, that the subject lands qualify for designation as important agricultural lands under this subchapter and sections 205-44 and 205-45, HRS. If a petition fails to receive the affirmative votes of two-thirds of the commissioners, findings of fact, conclusions of law and a decision and order denying the petition shall be filed by the commission. [Elf and comp NOV 0 2201ÿ ] (Auth: HRS §§205-1, 205-7, 205-45) (Imp: HRS 205-45) §15-15-122 Petition by farmer or landowner for designation of important agricultura! land and urban, rural or conservation re-classification. (a) A landowner may, within the same petition for declaratory order as described in subsection 15-15-121, request the reclassification of a portion of the land which is the subject of the petition in the agricultura! district to the rura!, urban, or conservation district, or a combination thereof. The land sought to be reclassified as urban, rural or conservation shall: (i Be within the same county as the land sought to be designated as important agricultural lands; (2 If the reclassification of the land is proposed to the urban district, that reclassification to urban is consistent with the relevant county genera! and community, development, or community deve!opment plans; and (3 Be no more than fifteen percent of the total acreage which is the subject of the petition such that at least eighty-five per cent of the total acreage which is the subject of the petition is sought to be designated as important agricultural land; and (4) Meet all of the requirements of subchapter 8 herein. (b) In a petition for declaratory order under this section seeking to designate lands important agricultural lands in the agricultural district to the rura!, conservation or urban district, the lands to be designated important agricultura! lands shall be deemed 93 3081 qualified for such designation only if the commission reasonably finds that the lands meet the criteria of sections 15-i15-120(c) (5) andÿ (c) (7). (c) A petition for declaratory order under this section shall be submitted in accordance with subchapter 14 and be set for hearing in conformance with the procedures set forth in subchapter 7, and shall include: (i Tax map key numbers of the land to be designated as important agricultural lands and, if applicable, the land to be reclassified from the agricultural district to the rural, urban, or conservation district; (2 Verification of ownership and/or authorization from the applicable landowners; (3 Proof of qualification for designation as important agricultural lands under this subchapter; (4) The current or planned agricultural use of the area sought to be designated as important agricultural lands; and (5) The current or planned use of the area sought to be reclassified to the rural, urban, or conservation district. (d) An application for a declaratory order to designate important agricultural land in combination with the reclassification of agricultural land to the rural, urban, or conservation district shall not be deemed a proper filing until the petitioner has submitted a certification, issued by the state department of agriculture as to the quality of the land which is the subject of the petition. (e) In review of any petition seeking to have lands classified as important agricultura! lands in combination with a request to reclassify a portion of the agricultural land to the urban, rural or conservation designation, the commission shall review the petition and the accompanying submissions in accordance with this subchapter and section 205-44, HRS. The commission shall also specifically determine, by a preponderance of the evidence whether: (i) The land is suitable for the reclassification in accordance with subchapters 2 and 8; and (2) If the reclassification of a portion the land is proposed to the urban district, that reclassification to urban is consistent with the relevant county general and community, development, or community development plan. (f) Approval of a petition for designation of 94 important agricultural lands in conjunction with a petition for urban, rural or conservation reclassification under this section shall require approval by a vote of a two-thirds majority of the commissioners. The commission shall include reasonable conditions in its order. (g) Should the commission find that either the designation of lands in the petition sought to be identified as important agricultural lands or the lands identified in the petition for reclassification to urban, rural, or conservation is not supported by a preponderance of the evidence and should not be approved, the commission shall deny the petition in its entirety. [Eff and comp NOV 0 22013 ] (Auth: HRS §§205-1, 205-7, 205-45) (Imp: HRS §205-45)