Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 17 - IMPORTANT AGRICULTURAL LAND DESIGNATION AND PROCEEDINGS › Section 15-15-124 - Private landowner credits in important agricultural land proceeding

Current through June, 2024
(a) The commission shall allow a petitioner
				  for an important agricultural land designation to reserve the right to
				  designate lands for reclassification to urban, rural, 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 land 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 the petition.
(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 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
				  reclassification 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 such petition unless:
(1) By a preponderance of the evidence
				  presented, the land is suitable for 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.