Haw. Code R. § 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 specifically adhered to the requirements of section 205-47, HRS, including 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 agricultural 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;

(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(b) 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 in 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 lands 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 the county filing being deemed complete.

(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.

Notes

Haw. Code R. § 15-15-125

[Eff and comp 11/2/2013; comp 10/18/2019] (Auth: HRS §§ 205-1, 205-7) (Imp: HRS §§ 205-47, 205-48, 205-49)