HAR §15-15-123. Adherence to chapter 343 HRS

A petition filed under this subsection, if applicable, shall adhere to the requirements of chapter 343, HRS. No petition under this subchapter will be deemed complete unless it has met the requirements of chapter 343, HRS. [Eff and comp 11/2/2013; comp OCT , ·a 2019 ] (Auth: HRS §§205-1, 205-7, 205- 45) §15-15-124 Private landowner credits in important agricultural land proceeding. (a) The commission shall allow a petitioner for an important agricultural land designation to reserve the right to designate lands for reclassification to urban, ~ural, or conservation at a future proceeding. The commission shall not grant a landowner the right' to reserve lands for future reclassification greater than fifteen percent of the total acreage of land which is the subject of the petition, total acreage being the land sought to be designated important agricultural l~nd plus the land sought to be reclassified urban, rural or conservation . (b) Where a petitioner submits a petition for designation of lands as important agricultural lands in combination with a request to reclassify lands urban, rural or conservation and the commission grants the petition under this subchapter, the petitioner may, ·if specifically requested in the petition, obtain credits for the difference between fifteen percent of the total amount of land requested· to be reclassified as urban, rural and conservation and the amount of land set forth in the petition to be so reclassified, if the amount of land for reclassification to urban, rural or conservation set forth in the petition is less than fifteen percent of the total land subject to t he petitioi;i. (c) In order to preserve the right to reclassify lands under this section at a future proceeding a request for future credits must be specified in any 15- 121 3 3 51 I j~~ §15-15-124 petition for designation of important agricultural lands or petition for designation of important agricultural lands in conjunction with a request to re-classify lands to the urban, rural or conservation district. {d) If a petition fails to include a request for future credits under subsection (a) or (b), the petitioner's right to such credits shall be waived and the petitioner shall be barred from claiming the credits at a future date. (e) Credits held by a petitioner under this section may only be applied to lands owned or held by the petitioner in the same county as the lands designated important agricultural lands in the original petition giving rise to the credits are located. (f) In order to utilize such credits to have lands reclassified under this section the petitioner must, prior to utilization of such credits and before the credits are applied to any land to be reclassified, file a petition for declaratory order pursuant to subchapters 5 and 14 and section 15-15- 123. (g) A petition for use of credit for re- classification of land granted under this section must be filed within ten years of the effective date of the original order by which the credits were granted by the commission. Unused credits shall expire and become unusable if not used within ten years from the· effective date the original order by which the credits were granted by the commission. (h) Credits issued under this section may only be used by the petitioner awarded the credits under the original declaratory order granting the credits. Unused or unexhausted credits awarded under this section may not be transferred to another person. {i) If a petitioner files a request for declaratory order to utilize credits held pursuant to this section the commission shall not grant su·ch petition unless: ( 1) · By a preponderance of the evidence presented, the land is suitable for 15-122 §15-15-125 reclassification in accordance with sections 205-2 and 205-3.1, HRS; (2) The reclassification is consistent with the relevant county general and, development, or community development plans; (3) By a preponderance of the evidence presented, the land sought to be reclassified is suitable for reclassification in accordance with subchapters 2 and 8; and (4) The petitioner has met all of the requirements of chapter 343 HRS with regard to the subject petition. [Eff and comp 11/2/2013; am and comp OCT 1 8 2019 ] (Auth: HRS §§205-1, 205-7, 205-45} (Imp: HRS §205-45} §15-15-125 County identification of important agricultural lands. (a) Receipt of recommendations and maps from the planning department of a county under section 205-48, HRS, shall not be considered a petition for a declaratory order designating land within its jurisdiction as important agricultural lands. The commission shall however, designate lands within the relevant county and adopt maps designating important agricultural lands in such county within 365 days of the submission being deemed complete pursuant to subsection (b}. Such time period for determination may be extended for a period of up to one hundred and eighty days by order of the chairperson of the commission . The form and content of the county recommendations shall conform to the requirements of sections 205- 42, 205- 43, 205-44, and 205-47, HRS. (b) The county making such recommendations to designate land important agricultural lands shall provide the commission a complete record of its proceedings in support of its recommendation, including evidence the county has s pecifically adhered to the requirements of section 205-47, HRS, including 15-123 3 3 51 i~- §15-15-125 records evidencing that: (1) Maps of potential lands to be considered for designation as important agricultural lands have been developed in consultation and cooperation with landowners, the state department of agriculture, agricultural interest groups, including representatives from the Hawai 'i farm bureau federation and other agricultural organizations, the United States department of agriculture - natural resources conservation service, the state office of planning, and other groups as necessary. (2) Each county, through its planning department, has utilized an inclusive process for public involvement in the identification of potential lands and the development of maps of lands to be recommended as important agricultural lands, including a series of public meetings throughout the identification and mapping process. (3) The county has taken notice of those lands already designated important agric.ul tural lands by the commission. (4) Upon identification of potential lands to be recommended to the county council as potential important agricultural lands, each county has taken reasonable action to notify each owner of those lands by mail or posted notice on the affected lands to inform them of the potential designation of their lands. (5) Evidence that the important agricultural lands mapping relates to, supports, and is consistent with the: (A) Standards and criteria set forth in section 205- 44, HRS, and this subchapter have been met; (B) County's adopted land use plans, as applied to both the identification and exclusion of important agricultural lands from such designation; 15-124 3 3 51 §15-15-125 (C) Comments received from government agencies and others identified in section 205-47(b), HRS; (D) Viability of existing agribusinesses; (E) Representations or position statements of the owners whose lands are subject to the potential designation; and (F) Any other relevant information . (6) The important agricultural lands maps have been adopted by the county council, by resolution. (c) A submission by a county under this section shall not be deemed complete unless all of the evidence set forth in section 15-15-125(h) has been transmitted and accepted by the commission. (d) Any hearing under this section shall adhere to the procedures set forth in this subchapter and subchapters 1 and 5, and shall be conducted as a rulemaking proceeding in accordance with section 15- 15-109 and held in the relevant county. (e) The commission may, under this section: (1) Remand the matter back to the county for further review or clarification; (2) Adopt the recommendations of the county in its entirety after receipt of the complete record from the county pursuant to section 15-15-126, and designate lands i~ such county as important agricultural lands; or (3) Based on evidence presented, amend or revise the county recommendation and proposal to exclude, or include, certain l ands from designation as important agricultural lands. (f) The county shall serve a file-stamped copy of the county report and maps submitted pursuant to a petition under this section on the state department of agriculture and the state office of planning within one business day of filing with the commission . The state office of planning and state department of agriculture shall. review the county submittal pursuant to section 205-48, HRS, and provide comments to the commission within forty-five days of t he county filing being deemed complete, 15-125 I} 3 5°1 §15-15-125 (g) Approval of maps and a designation of important agricultural lands under this section shall require the affirmative vote of two-thirds of the commission. [Eff and comp 11/2/2013; comp ncT 1 R lU\9 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §§"205-41, 205-48, 205-49) §15-15-126 Criteria for designation of lands as important agricultural lands pursuant to county recommendation . (a) In designating important agricultural lands in the state, pursuant to the recommendations of individual counties, the commission shall consider the extent to which: · (1) The proposed lands meet the standards and criteria under section 205-44, HRS, and section 15-15-120; (2) The proposed designation is necessary to meet the objectives and policies for important agricultural lands in sections 205-42 and 205-43, HRS; and (3) The commission has designated lands within the county as important agricultural lands, pursuant to this subchapter. (b) Should the commission determine that more than fifty percent of a landowners 1 landholdings, excluding lands held in the conservation district, are already designated as important agricultural lands, pursuant to this subchapter, the commission shall not designate any additional lands of that landowner as important agricultural lands except by a petition from the landowner pursuant to this subchapter. (c) The designation of lands as important agricultural lands and the adoption of maps of those lands pursuant to this section shall be based upon written findings of fact and conclusions of law, and a showing by a preponderance of the evidence that the subject lands meet the standards a nd criteria set forth in section 15-15-120. (d) Designation of agricultural lands as important agricultural lands under this section shall 15-126 3 3 51 §15-15-127 be hy an affirmative vote of two-thirds of the membership to which the commission is entitled. If the petition is not approved by a vote of two-thirds majority of the commission it shal.]..,Ae deemed denied. [Eff and comp 11/2/2013; comp u~, 1 B 2019 J (Auth:. HRS §§205-1, 205-7) (Imp: HRS §§205-47, 205- 49) §15-15-127 Standards and criteria for the reclassification or rezoning of important agricultur~l lands, (a) Any land use district boundary amendment or change in zoning involving important agricultural lands identified pursuant to this subchapter shall be considered as, and meet the submittal requirements for, a district boundary amendment under this chapter. (b) An application for a special permit involving important agricultural lands shall include evidence that the request has been referred to the state department of agriculture and the state office of planning for review and comment and contain as part of the petition any comments or recommendations made by both the state department of agriculture and the state office of planning. (c) In addition to the criteria set forth in subchapter 8, any decision by the commission or county pursuant to this section shall specifically consider, and find by a preponderance of the evidence, that: (1) The land to be reclassified is not critical for agriculture based on the amount of _ similarly suited lands in the area and the State as a whole; (2) The proposed district boundary amendment or zone change will not harm the productivity or viability of existing agricultural activity in the area, or adversely affect the viability of other agricultural activities or operations that share infrastructure, processing, marketing, or other production-related costs or facilities with the agricultural activities on the land 15- 127 3 3 51 §15-15-127 in question; (3) The district boundary amendment or zone change will not cause the fragmentation of or intrusion of nonagricultural uses into largely intact areas of lands identified by the State as important agricultural lands that create residual parcels of a size that would preclude viable agricultural use; (4) The public benefit to be derived from the proposed action is justified by a need for additional lands for nonagricultural purposes; (5) The proposed district boundary amendment or zone change will not negatively impact the ability or capacity of state and county agencies to provide and support additional agricultural infrastructure or services in the area; (6) The public benefit from the proposed district boundary amendment or zone change outweighs the benefits of retaining the land for agricultural purposes; (7) The proposed action will have no significant impact upon the viability of agricultural operations on adjacent agricultural lands; (8) The decision-making criteria of subchapter 8 governing decisions of the land use commission on district boundary amendments have been met; and (9) The decision-making criteria adopted by each county to govern decisions of county decision-making authorities under this chapter have been met. (d) The reclassification of lands designated as important agricultural $hall be based upon written findingg of fact and conclusions of law pursuant to subchapters 7 and 11. (e) A reclassification of lands designated as important agricultural lands shall be by an affirmative vote of two-thirds of the membership to which the commission is entitled . (1) ~f the petition is not approved by a vote of 15-128 §15-15-128 two-thirds of the membership of the commission, it shall be deemed denied. (2) 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. (f) The commission may, upon petition by the farmer or landowner of lands designated as important agricultural lands, remove all or a portion of those important agricultural lands from the "important agricultural lands" designation if, after a hearing held pursuant to subchapter 14, the commission finds upon a preponderance of the evidence that a sufficient supply of water is no longer available to allow profitable farming of the land due to governmental actions, acts of God, or other causes beyond the farmer's or landowner's reasonable control. (g} The commission may only remove an important agricultural land designation on lands originally designated as important agricultural lands pursuant to a declaratory order that both designated land as important agricultural lands and reclassified land as urban, rural or conservation, or a combination thereof, with the prior authorization of the legislature as expressed by a two-thirds vote of each house of the legislature voting separately, [Eff and comp 11/2/2013; comp OCT 1 8 2019 J (Auth: HRS §§205-1, 205-7, 205-45} (Imp : HRS §205-50} §15-15-128 Periodic review and amendment of important agricultural. lands maps. (a} Amendment of the maps of important agricultural lands initiated by the county shall be conducted i n accordance with section 15-15-109 . (b} In a county-initiated proceeding for an amendment of important agricultural land maps and 15-129 3 3 51 ,!&ii §15-15-128 designation under section 15-15-128(a), the "important agricultural lands" designation shall be removed from lands previously designated as important agricultural lands where the commission finds, by a preponderance of the evidence, that a sufficient supply of water is no longer available to allow profitable farming of the lands due to governmental actions, acts of God, or other causes beyond the farmer or landowner's reasonable control. (c) The commission shall not remove the important agricultural lands designation if the lands were designated important agricultural lands by declaratory order in combination with the reclassification of land in the agricultural district to the rural, conservation or urban district pursuant to section 205-45, HRS, unless the legislature provides prior authorization by adoption of a concurrent resolution in accordance with section 205- 45, HRS.QCfEff ,~Q~ comp 11/2/2013; comp f 8 2Ul~ J (Auth: HRS §§205-1, 205-7) (Imp: HRS §205-52) SUBCHAPTER 18 PETITIONS FOR HAWAI'I HOUSING AUTHORITY RENTAL . HOUSING PROJECTS Repealed