reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201M. Small Business Regulatory Flexibility Act › 201M-4 Advisory committee on small business; consultation process for proposed rules.

§201M-4
Advisory committee on small business; consultation process for proposed rules.
(a) There may be established within and administratively attached to every department of the State or county whose rules affect small business activities, an advisory committee on small business. The advisory committee shall consist of three or more odd number of members appointed by the department and may advise more than one department. The department shall have the authority to appoint members to the advisory committee and to fill any vacancies. The members shall serve on a volunteer basis and have experience or knowledge of the effect of regulation by those departments on the formation, operation, or expansion of a small business. No person shall serve on the small business regulatory review board and an advisory committee on small business concurrently. The advisory committees shall not be subject to the requirements of chapter 91.
(b) When the agency is proposing rules that affect small business, the agency may consult with the administratively attached departmental advisory committee on small business regarding any matter related to the proposed rules prior to complying with the rulemaking requirements provided in chapter 91. Each agency shall develop its own internal management procedures for soliciting comments during the drafting of proposed rules from affected small businesses. The agency may develop creative procedures for the solicitation of comments from affected small businesses during the drafting or development of proposed rules.
(c) If necessary, any group or members of affected small businesses may also be consulted by the agency to formulate the relevant language, develop criteria, and provide any other expertise to ensure that the proposed rules will be drafted in a manner that will protect the public health, welfare, and safety without placing an undue and significant burden upon small business. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201M. Small Business Regulatory Flexibility Act › 201M-7 Periodic review; evaluation report.

§201M-7 Periodic review; evaluation report.
(a) Each agency having rules that affect small business shall submit to the board by June 30 of each odd-numbered year, a list of those rules and a report describing the specific public purpose or interest for adopting the respective rules that affect small business and any other reasons to justify continued implementation of the rules; provided that, by June 30 of each year, each agency shall submit to the board a list of any rules to be amended or repealed, based upon any new, amended, or repealed statute that impacts small business.
(b) The board shall provide to the head of each agency a list of any rules adopted by the agency that affect small business and have generated complaints or concerns, including any rules that the board deter ­mines may duplicate, overlap, or conflict with other rules, or exceed statutory authority. Within forty-five days after being notified by the board of the list, the agency shall submit a written report to the board in response to the complaints or concerns. The agency shall also state whether the agency has considered the continued need for the rules and the degree to which technology, economic condi ­tions, and other relevant factors may have diminished or eliminated the need for maintaining the rules.
(c) The board may solicit testimony from the public regarding any report submitted by the agency under this section at a public meeting held pursuant to chapter 92. Upon consideration of any report submitted by an agency under this section and any public testimony, the board shall submit an evaluation report to the legislature each even-numbered year. The evaluation report shall include an assessment as to whether the public interest significantly outweighs a rule's effect on small business and any legislative proposal to eliminate or reduce the effect on small business. The legislature may take any action in response to the report as it finds appropriate. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2007, c 217, §6; am L 2012, c 241, §4; am L 2017, c 174, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201M. Small Business Regulatory Flexibility Act › 201M-8 Waiver or reduction of penalties.

§201M-8 Waiver or reduction of penalties.
(a) Except where a penalty or fine is assessed pursuant to a program approved, authorized, or delegated under a federal law, any agency authorized to assess civil penalties or fines upon a small business shall waive or reduce any penalty or fine as allowed by federal or state law for a violation of any statute, ordinance, or rules by a small business under the following conditions:
(1) The small business corrects the violation within a minimum of thirty days after receipt of a notice of violation or citation; and
(2) The violation was unintentional or the result of excusable neglect; or
(3) The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule.
(b) Subsection (a) shall not apply:
(1) When a small business fails to exercise good faith in complying with the statute or rules;
(2) When a violation involves wilful or criminal conduct;
(3) When a violation results in serious health and safety impacts;
(4) To violations of chapters 6E, 180, 180C, 181, 182, 183, 183C, 183D, 186, 187A, 188, 188F, 189, 190, 190D, 195, 195D, 195F, 205, 205A, 340A, 340E, 341, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P;
(5) To violations of sections 200-9(b) to (d), 200-24(4), 200-37, and 200-38; or
(6) To violations of administrative rules promulgated pursuant to section 200-4(a)(6); except for rules pertaining to matters listed in section 200-4(a)(6)(A), (B), (C), and (D).
(c) An agency may adopt rules to implement the requirements of this section. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5; am L 2004, c 206, §1; am L 2017, c 12, §13]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201M. Small Business Regulatory Flexibility Act › 201M-9 Executive order.

§201M-9 Executive order.
The governor may execute any executive order, memorandum, or directive necessary to implement any provision of this chapter. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 202. Hawaii Workforce Development Council › 202-3 Powers of council.

§202-3 Powers of council.
(a) The workforce development council shall appoint and fix the compensation of an executive director, who shall be exempt from chapter 76, and may employ any other personnel as it deems advisable within chapter 76.
(b) The council, or on the authorization of the council, any subcommittee or panel thereof, may, for the purpose of carrying out its functions and duties, hold such hearings and sit and act at such times and places as the council may deem advisable.
(c) The council may negotiate and enter into contracts with public agencies or private organizations to carry out its studies and to prepare reports that the council determines to be necessary to the fulfillment of its duties.
(d) The council may secure through the governor's office, any information from any executive department, agency, or independent instrumentality of the State it deems necessary to carry out its functions.
(e) The council may convene such public conferences and forums as it deems useful to keep the public informed of workforce development needs, developments, and initiatives.
(f) The council may administer funds allocated for its work and may accept, disburse, and allocate funds which may become available from other governmental and private sources; provided that all the funds shall be disbursed or allocated in compliance with the objectives set forth herein, and applicable laws. [L 1965, c 270, §4; Supp, §98W-4; HRS §202-3; am L 1985, c 252, §4; am L 1997, c 346, §4; am L 2000, c 253, §150; am L 2006, c 300, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 202. Hawaii Workforce Development Council › 202-4 Duties of chairperson and executive director.

§202-4 Duties of chairperson and executive director.
The chairperson of the workforce development council or the executive director, at the direction of the council shall:
(1) Serve as consultant to the governor on issues relating to workforce development and its relation to economic development and diversification;
(2) Assist in coordinating the programs of all agencies dealing with issues of concern to the council;
(3) Arrange for statewide studies of the issues referred to in this chapter;
(4) Secure data and information from agencies concerned with the issues referred to in this chapter;
(5) Arrange for the exchange of information, plans, and programs between public and private groups interested in the issues referred to in this chapter;
(6) Prepare articles, reports, and bulletins for the use of the council, concerned agencies, and for general publication;
(7) Keep and maintain records and reports and handle correspondence relative to the work of the council;
(8) Develop recommendations and plans for action consistent with the purpose of this chapter; and
(9) Assist in carrying out the duties described in section 202-2. [L 1965, c 270, §5; Supp, §98W-5; HRS §202-4; am L 1985, c 252, §5; am L 1997, c 346, §5; am L 2016, c 57, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 202. Hawaii Workforce Development Council › 202-5 Organizational relationships

§202-5 Organizational relationships
. The workforce development council is placed within the department of labor and industrial relations for administrative purposes and shall act in an advisory capacity to the governor. [L 1965, c 270, §6; Supp, §98W-6; HRS §202-5; am L 1970, c 170, §3; am L 1980, c 302, pt of §2; am L 1985, c 252, §6; am L 1997, c 346, §6]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 202. Hawaii Workforce Development Council › 202-10 Report on workforce development programs.

§202-10 Report on workforce development programs.
The department of labor and industrial relations, University of Hawaii, department of human services, department of education, department of corrections and rehabilitation, and department of business, economic development, and tourism shall annually report to the governor, legislature, and the workforce development council on the programs being offered, the number of individuals that have been placed in employment through their respective workforce development programs, the type or category of employment garnered, and the amount and nature of expenditures made on workforce development programs. The departments and University of Hawaii shall post their respective reports electronically on the Internet. [L 2003, c 148, §3; am L 2022, c 278, §29]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 202. Hawaii Workforce Development Council › 202-21 Participation in federal program.

§202-21 Participation in federal program.
The department of labor and industrial relations and the University of Hawaii are authorized to participate in the Manpower Development and Training Act of 1962, as amended, by providing from funds appropriated by the legislature for such purpose, in accordance with and to the extent required by the federal act, amounts necessary to match the amounts expended by the United States Treasury. [L 1964, c 11, §2; am L 1965, c 23, §1; am L 1968, c 71, §5; HRS §202-21]
Cross References
Establishment of manpower development and training programs, see chapter 394.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-3 Retention of district boundaries.

§205-3 Retention of district boundaries.
Land use district boundaries existing as of June 2, 1975, shall continue in full force and effect subject to amendment as provided in this chapter or order of a court of competent jurisdiction based upon any litigation filed prior to July 1, 1975, or filed within thirty days after service of a certified copy of any final decision and order made as part of the commission's 1974 periodic boundary review, whichever occurs later. [L 1963, c 205, pt of §2; Supp, §98H-3; am L 1975, c 193, §4; HRS §205-3]
Revision Note
"June 2, 1975" substituted for "the effective date of this Act" pursuant to §23G-15.
Attorney General Opinions
Statute contemplates and authorizes changes in classification as originally proposed and as finally adopted, and to require new notice and hearing whenever there is any change is too burdensome. Att. Gen. Op. 71-2.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-3.5 Reclassification of land contiguous to an agricultural district; approval conditions.

§205-3.5 Reclassification of land contiguous to an agricultural district; approval conditions.
(a) Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval:
(1) A prohibition on any action that would interfere with or restrain farming operations; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and
(2) Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii right to farm act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property.
(b) For purposes of this section, "farming operation" shall have the same meaning as provided in section 165-2. [L 2008, c 124, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-4.1 Fees.

§205-4.1 Fees.
The commission may establish reasonable fees for the filing of boundary amendment petitions and petitions for intervention to cover the cost of processing thereof and for the reproduction of maps and documents. The commission also may assess a reasonable fee or require reimbursements to be made for court reporter expenses, the inexcusable absence of a party from a boundary amendment proceeding, and any other reimbursements for hearing expenses as determined by the commission. Any fees collected shall be deposited to the credit of the general fund. [L 1983, c 49, §2; am L 1999, c 260, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-4.6 Private restrictions on agricultural uses and activities; not allowed.

§205-4.6 Private restrictions on agricultural uses and activities; not allowed.
(a) Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any:
(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subjects the agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes; provided that any private agreement contained in a conveyance of land recorded on or before July 8, 2003, that:
(A) Limits or prohibits agricultural use or activity; and
(B) Is renewed and recorded in the bureau of conveyances after July 8, 2003,
shall be considered a new private agreement that is subject to the prohibition on agricultural use and activity restrictions under this section; provided further that any provision in a private agreement contained in a conveyance of land recorded on or before July 8, 2003, that limits or prohibits agricultural use or activity and has since expired but has not been renewed and recorded in the bureau of conveyances shall be void; and
(2) Condominium declaration, map, bylaws, and other documents executed and submitted in accordance with chapter 514B or any predecessor thereto.
Any private restriction limiting or prohibiting agricultural use or activity shall be voidable, subject to special restrictions enacted by the county ordinance pursuant to section 46-4; except that restrictions taken to protect environmental or cultural resources, agricultural leases, utility easements, and access easements shall not be subject to this section.
(b) For purposes of this section, "agricultural leases" means leases where the leased land is primarily utilized for purposes set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am L 2004, c 170, §1; am L 2014, c 49, §2; am L 2017, c 181, §7; am L 2021, c 94, §2; am L 2023, c 219, §1]
Law Journals and Reviews
"Urban Type Residential Communities in the Guise of Agricultural Subdivisions:" Addressing an Impermissible Use of Hawai`i's Agricultural District. 25 UH L. Rev. 199 (2002).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-7 Adoption, amendment or repeal of rules.

§205-7 Adoption, amendment or repeal of rules.
The land use commission shall adopt, amend or repeal rules relating to matters within its jurisdiction in the manner prescribed in chapter 91. [L 1963, c 205, pt of §2; Supp, §98H-7; HRS §205-7; am L 1975, c 193, §6]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-8 Nonconforming uses.

§205-8 Nonconforming uses.
The lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form may be continued although the use, including lot size, does not conform to this chapter; provided that no nonconforming building shall be replaced, reconstructed, or enlarged or changed to another nonconforming use and no nonconforming use of land shall be expanded or changed to another nonconforming use. In addition, if any nonconforming use of land or building is discontinued or held in abeyance for a period of one year, the further continuation of such use shall be prohibited. [L 1963, c 205, pt of §2; Supp, §98H-8; HRS §205-8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-12 Enforcement.

§205-12 Enforcement.
The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations. L 1963, c 205, pt of §2; Supp, §98H-12; HRS §205-12; am L 1976, c 199, §2
Attorney General Opinions
Counties' responsibility for enforcement includes taking necessary actions against violators; such enforcement covers all land use district classifications and land use district regulations, except those relating to conservation districts. Att. Gen. Op. 70-22.
Law Journals and Reviews
"Urban Type Residential Communities in the Guise of Agricultural Subdivisions:" Addressing an Impermissible Use of Hawai`i's Agricultural District. 25 UH L. Rev. 199 (2002).
Ala Loop and the Private Right of Action Under Hawai`i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
Case Notes
In the circumstances of the case, article XI, §9 of the Hawaii constitution created a private right of action to enforce chapter 205, and the legislature confirmed the existence of that right of action by enacting §607-25, which allows for the recovery of attorneys' fees in such actions; chapter 205 is a law relating to environmental quality within the meaning of article XI, §9, §9 is self-executing, and this section imposes "reasonable limitations and regulations" that were applicable to the case which allowed the private right of action to enforce chapter 205. 123 H. 391, 235 P.3d 1103 (2010).
Discussed: 134 H. 187, 339 P.3d 685 (2014).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-13 Penalty for violation.

§205-13 Penalty for violation.
[(a)] Any person who violates any provision under section 205-4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000.
[(b)] If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation.
[(c)] Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued. [L 1963, c 205, pt of §2; Supp, §98H-13; HRS §205-13; am L 1976, c 199, §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-15 Conflict.

§205-15 Conflict.
Except as specifically provided by this chapter and the rules adopted thereto, neither the authority for the administration of chapter 183C nor the authority vested in the counties under section 46-4 shall be affected. [L 1963, c 205, pt of §2; Supp, §98H-15; HRS §205-15; am L 1995, c 11, §11 and c 69, §11]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-16 Compliance with the Hawaii state plan.

§205-16 Compliance with the Hawaii state plan.
No amendment to any land use district boundary nor any other action by the land use commission shall be adopted unless such amendment or other action conforms to the Hawaii state plan. [L 1975, c 193, §12; am L 1985, c 230, §5]
Case Notes
Discussed: 134 H. 187, 339 P.3d 685 (2014).
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-18 Review of districts.

§205-18 Review of districts.
The office of planning and sustainable development may undertake a review of the classification and districting of all lands in the State. The office, in its boundary review, shall focus its efforts on reviewing the Hawaii state plan, county general plans, and county development and community plans. Upon completion of the boundary review, the office shall submit a report of the findings to the commission, governor, legislature, and appropriate state and county agencies. The office may initiate state land use boundary amendments which it deems appropriate to conform to these plans. The office may seek the assistance of appropriate state and county agencies and may employ consultants and undertake studies in making this review. [L 1985, c 230, §2; am L 1987, c 336, §7; am L 1988, c 352, §3; am L 1996, c 299, §3; am L 2021, c 153, §5]
2023 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".
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 205. Land Use Commission › 205-47 Identification of important agricultural lands; county process.

§205-47 Identification of important agricultural lands; county process.
(a) Each county shall identify and map potential important agricultural lands within its jurisdiction based on the standards and criteria in section 205-44 and the intent of this part, except lands that have been designated, through the state land use, zoning, or county planning process, for urban use by the State or county.
(b) Each county shall develop maps of potential lands to be considered for designation as important agricultural lands in consultation and cooperation with landowners, the department of agriculture, agricultural interest groups, including representatives from the Hawaii Farm Bureau Federation and other agricultural organizations, the United States Department of Agriculture €“ Natural Resources Conservation Service, the office of planning and sustainable development, and other groups as necessary.
(c) Each county, through its planning department, shall develop 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. The planning departments may also establish one or more citizen advisory committees on important agricultural lands to provide further public input, utilize an existing process (such as general plan, development plan, community plan), or employ appropriate existing and adopted general plan, development plan, or community plan maps.
(d) The counties shall take notice of those lands that have already been designated as important agricultural lands by the commission.
Upon identification of potential lands to be recommended to the county council as potential important agricultural lands, the counties shall take 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.
In formulating its final recommendations to the respective county councils, the planning departments shall report on the manner in which the important agricultural lands mapping relates to, supports, and is consistent with the:
(1) Standards and criteria set forth in section 205-44;
(2) County's adopted land use plans, as applied to both the identification and exclusion of important agricultural lands from such designation;
(3) Comments received from government agencies and others identified in subsection (b);
(4) Viability of existing agribusinesses; and
(5) Representations or position statements of the owners whose lands are subject to the potential designation.
(e) The important agricultural lands maps shall be submitted to the county council for decision-making. The county council shall adopt the maps, with or without changes, by resolution. The adopted maps shall be transmitted to the land use commission for further action pursuant to section 205-48. [L 2005, c 183, pt of §2; am L 2021, c 153, §8]
2023 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]
2023 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]
2023 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]
2023 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]