reglab/housing_qa huggingface dataset:
HI Rev Stat § 205-19 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-19 Contested cases.

 §205-19 Contested cases. (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term "person aggrieved" includes an agency that is a party to a contested case proceeding before that agency or another agency.  (b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, § §3, 14; am L 2019, c 213, §1] Note  Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.  Repeal of section on July 1, 2019, by L 2016, c 48, §14, as shown in the main volume, deleted by L 2019, c 213, §1.  The source note to this section is amended to read as follows: "L 2016, c 48, § §3, 14; am L 2019, c 213, §1".
HI Rev Stat § 205-41 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-41 Declaration of policy

Cross References Acquisition of important agricultural lands, see § §163D-31 to 163D-33.  Acquisition of resource value lands, see chapter 173A.  Legacy land conservation commission, see § §173A-2.4 to 173A-2.6. Law Journals and Reviews  Avoiding the Next Hokuli`a: The Debate over Hawai`i's Agricultural Subdivisions. 27 UH L. Rev. 441 (2005). Case Notes  This part does not require land use commission to stay land reclassification proceedings pending completion of county important agricultural lands designation process. 136 H. 505, 364 P.3d 213 (2015).   §205-41 Declaration of policy. It is declared that the people of Hawaii have a substantial interest in the health and sustainability of agriculture as an industry in the State. There is a compelling state interest in conserving the State's agricultural land resource base and assuring the long-term availability of agricultural lands for agricultural use to achieve the purposes of:  (1) Conserving and protecting agricultural lands;  (2) Promoting diversified agriculture;  (3) Increasing agricultural self-sufficiency; and  (4) Assuring the availability of agriculturally suitable lands, pursuant to article XI, section 3, of the Hawaii State Constitution. [L 2005, c 183, pt of §2]
HI Rev Stat § 205-42 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-42 Important agricultural lands; definition and objectives.

 §205-42 Important agricultural lands; definition and objectives. (a) As used in this part, unless the context otherwise requires, "important agricultural lands" means those lands, identified pursuant to this part, that:  (1) Are capable of producing sustained high agricultural yields when treated and managed according to accepted farming methods and technology;  (2) Contribute to the State's economic base and produce agricultural commodities for export or local consumption; or  (3) Are needed to promote the expansion of agricultural activities and income for the future, even if currently not in production.  (b) The objective for the identification of important agricultural lands is to identify and plan for the maintenance of a strategic agricultural land resource base that can support a diversity of agricultural activities and opportunities that expand agricultural income and job opportunities and increase agricultural self-sufficiency for current and future generations. To achieve this objective, the State shall:  (1) Promote agricultural development and land use planning that delineates blocks of productive agricultural land and areas of agricultural activity for protection from the encroachment of nonagricultural uses; and  (2) Establish incentives that promote:  (A) Agricultural viability;  (B) Sustained growth of the agriculture industry; and   (C) The long-term agricultural use and protection of these productive agricultural lands. [L 2005, c 183, pt of §2]
HI Rev Stat § 205-43 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-43 Important agricultural lands; policies.

 §205-43 Important agricultural lands; policies. State and county agricultural policies, tax policies, land use plans, ordinances, and rules shall promote the long-term viability of agricultural use of important agricultural lands and shall be consistent with and implement the following policies:  (1) Promote the retention of important agricultural lands in blocks of contiguous, intact, and functional land units large enough to allow flexibility in agricultural production and management;  (2) Discourage the fragmentation of important agricultural lands and the conversion of these lands to nonagricultural uses;  (3) Direct nonagricultural uses and activities from important agricultural lands to other areas and ensure that uses on important agricultural lands are actually agricultural uses;  (4) Limit physical improvements on important agricultural lands to maintain affordability of these lands for agricultural purposes;  (5) Provide a basic level of infrastructure and services on important agricultural lands limited to the minimum necessary to support agricultural uses and activities;  (6) Facilitate the long-term dedication of important agricultural lands for future agricultural use through the use of incentives;  (7) Facilitate the access of farmers to important agricultural lands for long-term viable agricultural use; and  (8) Promote the maintenance of essential agricultural infrastructure systems, including irrigation systems. [L 2005, c 183, pt of §2]
HI Rev Stat § 205-44 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-44 Standards and criteria for the identification of important agricultural lands.

 §205-44 Standards and criteria for the identification of important agricultural lands. (a) The standards and criteria in this section shall be used to identify important agricultural lands. Lands identified as important agricultural lands need not meet every standard and criteria listed in subsection (c). Rather, lands meeting any of the criteria in subsection (c) shall be given initial consideration; provided that the designation of important agricultural lands shall be made by weighing the standards and criteria with each other to meet the constitutionally mandated purposes in article XI, section 3, of the Hawaii constitution and the objectives and policies for important agricultural lands in sections 205-42 and 205-43.  (b) In a petition for a declaratory order submitted under section 205-45 that seeks to both designate lands as important agricultural lands and reclassify lands in the agricultural district to the rural, conservation, or urban district, the lands shall be deemed qualified for designation as important agricultural land if the commission reasonably finds that the lands meet at least the criteria of subsection (c)(5) and (7) of this section.  If a petition seeks to only designate land as important agricultural lands, then the commission shall evaluate the lands in accordance with subsection (a).  (c) The standards and criteria shall be as follows:  (1) Land currently used for agricultural production;  (2) Land with soil qualities and growing conditions that support agricultural production of food, fiber, or fuel- and energy-producing crops;  (3) Land identified under agricultural productivity rating systems, such as the agricultural lands of importance to the State of Hawaii (ALISH) system adopted by the board of agriculture on January 28, 1977;  (4) Land types 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;  (5) Land with sufficient quantities of water to support viable agricultural production;  (6) Land whose designation as important agricultural lands is consistent with general, development, and community plans of the county;  (7) Land that contributes to maintaining a critical land mass important to agricultural operating productivity; and  (8) Land with or near support infrastructure conducive to agricultural productivity, such as transportation to markets, water, or power. [L 2005, c 183, pt of §2; am L 2008, c 233, §18]
HI Rev Stat § 205-44.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-44.5 Important agricultural lands; public lands.

  §205-44.5 Important agricultural lands; public lands. (a) Notwithstanding any law to the contrary, before December 31, 2009, the department of agriculture and the department of land and natural resources shall collaborate to identify public lands as defined under section 171-2 that should be designated important agricultural lands as defined in section 205-42 and shall cause to be prepared maps delineating those lands. In making the designations, the departments shall use the standards and criteria of section 205-44.  (b) The designation of important agricultural lands pursuant to this section shall not be subject to the district boundary amendment procedures of section 205-3.1 or 205-4 or declaratory order procedures of section 205-45.  (c) Notwithstanding any law to the contrary, beginning January 1, 2010, after receipt of the maps of public lands identified as important agricultural lands pursuant to subsection (a), the commission shall designate the public lands as important agricultural lands and adopt the maps of those public lands. Upon designation, the public lands shall be subject to this chapter. [L 2008, c 233, §14]
HI Rev Stat § 205-45.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-45.5 Important agricultural land; farm dwellings and employee housing.

  §205-45.5 Important agricultural land; farm dwellings and employee housing. A landowner whose agricultural lands are designated as important agricultural lands may develop, construct, and maintain farm dwellings and employee housing for farmers, employees, and their immediate family members on these lands; provided that:  (1) The farm dwellings and employee housing units shall be used exclusively by farmers and their immediate family members who actively and currently farm on important agricultural land upon which the dwelling is situated; provided further that the immediate family members of a farmer may live in separate dwelling units situated on the same designated land;  (2) Employee housing units shall be used exclusively by employees and their immediate family members who actively and currently work on important agricultural land upon which the housing unit is situated; provided further that the immediate family members of the employee shall not live in separate housing units and shall live with the employee;  (3) The total land area upon which the farm dwellings and employee housing units and all appurtenances are situated shall not occupy more than five per cent of the total important agricultural land area controlled by the farmer or the employee's employer or fifty acres, whichever is less;  (4) The farm dwellings and employee housing units shall meet all applicable building code requirements;  (5) Notwithstanding section 205-4.5(a)(12), the landowner shall not plan or develop a residential subdivision on the important agricultural land;  (6) Consideration may be given to the cluster development of farm dwellings and employee housing units to maximize the land area available for agricultural production; and  (7) The plans for farm dwellings and employee housing units shall be supported by agricultural plans that are approved by the department of agriculture. [L 2008, c 233, §2]
HI Rev Stat § 205-46.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-46.5 Agricultural processing facilities; permits; priority.

  §205-46.5 Agricultural processing facilities; permits; priority. (a) Any agency subject to this chapter or title 13 that issues permits shall establish and implement a procedure for the priority processing of permit applications and renewals, at no additional cost to the applicant, for agricultural processing facilities that process crops or livestock from an agribusiness; provided that the majority of the lands held, owned, or used by the agribusiness shall be land designated as important agricultural lands pursuant to this part, excluding lands held, owned, or used by the agribusiness in a conservation district.  Any priority permit processing procedure established pursuant to this section shall not provide or imply that any permit application filed under the priority processing procedure shall be automatically approved.  (b) As used in this section, "agribusiness" means a business primarily engaged in the care and production of livestock, livestock products, poultry, poultry products, apiary, horticultural or floricultural products, the planting, cultivating, and harvesting of crops or trees, or the farming or ranching of any plant or animal species in a controlled salt, brackish, or fresh water environment. [L 2008, c 233, §11]
HI Rev Stat § 205-48 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-48 Receipt of maps of eligible important agricultural lands; land use commission.

 §205-48 Receipt of maps of eligible important agricultural lands; land use commission. (a) The land use commission shall receive the county recommendations and maps delineating those lands eligible to be designated important agricultural lands no sooner than the effective date of the legislative enactment of protection and incentive measures for important agricultural lands and agricultural viability, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.  (b) The department of agriculture and the office of planning and sustainable development shall review the county report and recommendations and provide comments to the land use commission within forty-five days of the receipt of the report and maps by the land use commission. The land use commission may also consult with the department of agriculture and the office of planning and sustainable development as needed.  (c) State agency review shall be based on an evaluation of the degree that the:  (1) County recommendations result in an identified resource base that meets the definition of important agricultural land and the objectives and policies for important agricultural lands in sections 205-42 and 205-43; and  (2) County has met the minimum standards and criteria for the identification and mapping process in sections 205-44 and 205-47. [L 2005, c 183, pt of §2; am L 2021, c 153, §8]
HI Rev Stat § 205-51 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-51 Important agricultural lands; county ordinances.

 §205-51 Important agricultural lands; county ordinances. (a) Each county shall adopt ordinances that reduce infrastructure standards for important agricultural lands no later than the effective date of the legislative enactment of protection and incentive measures for important agricultural lands and agricultural viability, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.  (b) For counties without ordinances adopted pursuant to subsection (a), important agricultural lands designated pursuant to this part may be subdivided without county processing or standards; provided that:  (1) None of the resulting lots shall be used solely for residential occupancy; and  (2) The leasehold lots shall return to the original lot of record upon expiration or termination of the lease. [L 2005, c 183, pt of §2]
HI Rev Stat § 205-52 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205. Land Use Commission|205-52 Periodic review and amendment of important agricultural lands maps.

 §205-52 Periodic review and amendment of important agricultural lands maps. The maps delineating important agricultural lands shall be reviewed in conjunction with the county general plan and community, development, or community development plan revision process, or at least once every ten years following the adoption of the maps by the land use commission; provided that the maps shall not be reviewed more than once every five years. Any review and amendment of the maps of important agricultural lands shall be conducted in accordance with this part. In these periodic reviews or petitions by the farmers or landowners for declaratory rulings, the "important agricultural lands" designation shall be removed from those important agricultural lands where the commission has issued a declaratory order that a sufficient supply of water is no longer available to allow profitable farming of these lands due to governmental actions, acts of God, or other causes beyond the farmer's or landowner's reasonable control; provided that, if the "important agricultural lands" were designated by a declaratory order in combination with the reclassification of land in the agricultural district to the rural, urban, or conservation district pursuant to section 205-45, the commission shall not remove the designation unless the legislature provides prior authorization by adoption of a concurrent resolution in accordance with section 205-45. [L 2005, c 183, pt of §2; am L 2008, c 233, §21]
HI Rev Stat § 205A-3 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-3 Lead agency.

 §205A-3 Lead agency. The lead agency shall:  (1) Receive, disburse, use, expend, and account for all funds that are made available by the United States and the State for the coastal zone management program;  (2) Provide support and assistance in the administration of the coastal zone management program;  (3) Review federal programs, federal permits, federal licenses, and federal development proposals for consistency with the coastal zone management program;  (4) Consult with the counties and the public in preparing guidelines to further specify and clarify the objectives and policies of this chapter to be submitted twenty days prior to the convening of any regular session of the legislature for review, modification, or enactment by the legislature;  (5) Conduct a continuing review of the administration of the coastal zone management program and of the compliance of state and county agencies with the objectives and policies of this chapter;  (6) Facilitate public participation in the coastal zone management program, including the maintenance of a public advisory body to identify coastal management problems and to provide policy advice and assistance to the lead agency;  (7) Prepare and periodically update a plan for use of coastal zone management funds to resolve coastal problems and issues that are not adequately addressed by existing laws and rules;  (8) Advocate agency compliance with chapter 205A;   (9) Monitor the coastal zone management-related enforcement activities of the state and county agencies responsible for the administration of the objectives and policies of this chapter;  (10) Prepare an annual report to the governor and the legislature which shall include recommendations for enactment of any legislation necessary to require any agency to comply with the objectives and policies of this chapter and any guidelines enacted by the legislature; and  (11) Coordinate the implementation of the ocean resources management plan. [L 1977, c 188, pt of §3; am L 1979, c 200, §2; am L 1989, c 356, §5; am L 1993, c 258, §2; am L 1995, c 104, §6; am L 2001, c 169, §4]
HI Rev Stat § 205A-3.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-3.5 Public advisory body; establishment; composition

  §205A-3.5 Public advisory body; establishment; composition. (a) There is established within the lead agency a public advisory body that shall provide support to the lead agency as set forth in subsection (f).  (b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the director of the lead agency for staggered terms of not more than three years. These members shall be selected with consideration given to the following criteria:  (1) Statewide geographic distribution; and  (2) Balanced representation from among the following interests: business, environment, practitioners of native Hawaiian culture, terrestrial and marine commerce, recreation, research, and tourism. The lead agency shall undertake widespread solicitation of applications from persons who are interested in serving on the public advisory body.  (c) The public advisory body shall select its own chair from among its members.  (d) The public advisory body may establish working groups as needed. Working group members may include persons who are not members of the public advisory body.  (e) Public advisory body and working group members shall serve without compensation.  (f) The public advisory body shall support the lead agency by providing advice regarding marine and coastal zone management planning, coordination, and facilitation of functions of the coastal zone management program. It shall:  (1) Evaluate the state coastal zone management program, including activity of the network agencies, and make recommendations for improvements;  (2) Advocate for the program to the public and the executive and legislative branches of government; and  (3) Advocate, provide for, and act upon citizen input.  (g) The public advisory body shall work toward the implementation of an integrated and comprehensive management system for marine and coastal zone resources, consistent with the objectives and policies established in this chapter. [L 1995, c 104, §3; am L 2001, c 169, §5]
HI Rev Stat § 205A-4 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-4 Implementation of objectives, policies, and guidelines.

 §205A-4 Implementation of objectives, policies, and guidelines. (a) In implementing the objectives of the coastal zone management program, the agencies shall give full consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space values, and coastal hazards, as well as to needs for economic development.  (b) The objectives and policies of this chapter and any guidelines enacted by the legislature shall be binding upon actions within the coastal zone management area by all agencies, within the scope of their authority. [L 1977, c 188, pt of §3; am L 1979, c 200, §3; am L 1989, c 356, §6] Case Notes  Plaintiff's claim that the county defendants failed to consider cultural and historic values in violation of the coastal zone management act was not dependent on the determination of the access point to the development and, thus, was ripe. 131 H. 123, 315 P.3d 749 (2013).
HI Rev Stat § 205A-5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|205A. Coastal Zone Management|205A-5 Compliance.

 §205A-5 Compliance. (a) All agencies shall ensure that their rules comply with the objectives and policies of this chapter and any guidelines enacted by the legislature.  (b) All agencies shall enforce the objectives and policies of this chapter and any rules adopted pursuant to this chapter. [L 1977, c 188, pt of §3; am L 1979, c 200, §4; am L 1989, c 356, §7; am L 1993, c 258, §3]