reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-21 - Rate, fee, and charge schedule

Current through June, 2024
The irrigation system rates and charges established by the
				  board are as follows:
(1) Water tolls,
				fees, and charges are set at the following rates:
(A) Effective October 1, 2005, the irrigation
				system rates, fees, and charges established by the board shall be as provided
				in the table entitled "Schedule of Rates, Fees, and Charges for Irrigation
				Water Delivery Services at All DOA Irrigation Systems", dated September 27,
				2005, attached as Exhibit "A" at the end of this chapter and made a part of
				this chapter. These rates shall apply to all irrigation and livestock drinking
				water. Effective July 1, 2011, the board may adjust base water toll charges by
				no more than two cents per thousand gallons of irrigation water delivered once
				each fiscal year; and
(B) The board
				may temporarily waive the collection of water tolls or acreage assessments, or
				both, and may provide credits if the board finds that total irrigation system
				revenue is sufficient to meet the expenditures necessary to administer the
				program for the current fiscal year. In the event that a grant is received to
				offset a system or group water rates, the minimum charge per thousand gallons
				shall be no less than 25 cents. The board may adjust this minimum charge once
				each fiscal year. Any excess shall be applied to the subsequent year or until
				the original grant is exhausted.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-22 - Honokaa-Paauilo Irrigation System water

Current through June, 2024
(a) The board may
				allow the formation of a voluntary advisory board ("advisory board") of water
				users and community-based organizations in accordance with the federal assisted
				watershed project for the Honokaa-Paauilo Irrigation System only. This advisory
				board shall include the following:
(1) A
				farmer water user;
(2) A rancher
				water user;
(3) A designee of the
				Hamakua/North Hilo Agricultural Cooperative;
(4) A designee of the Hamakua Farm
				Bureau;
(5) A designee of the
				Hamiakua Soil and Water Conservation District;
(6) A representative from Waipio Valley;
				and
(7) Any others who may from
				time to time be designated by this advisory board to be added. The advisory
				board shall be voluntary and shall be appointed by the board of agriculture for
				four-year terms. The members shall serve with no compensation and shall for
				administrative purposes be placed within the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-23 - Severability

Current through June, 2024
This chapter shall be deemed to be severable, and in the
				  event a section of this chapter is determined to be invalid, such invalidity
				  shall affect that section only and shall not invalidate this chapter in its
				  entirety.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Section 4-157-24 - Interim rules for temporary irrigation systems and districts

Current through June, 2024
(a) Boundaries for a temporary irrigation
				district to be served by new infrastructure shall be defined and set by the
				administrator-chief engineer. These boundaries will change as necessary, until
				the temporary irrigation system has been completed and the irrigation district
				is approved and accepted by the board, at which time the boundaries shall
				become permanent.
(b) Acreage
				assessments shall not be assessed for consumers in an irrigation district being
				administered under the interim rules.
(c) Water tolls shall be assessed a surcharge
				of 6 cents per thousand gallons of irrigation water in irrigation systems being
				administered under the interim rules over the rates established in the table
				entitled "Schedule of Rates, Fees, and Charges for Irrigation Water Delivery
				Services at All DOA Irrigation Systems", dated September 27, 2005, attached as
				Exhibit "A" at the end of this chapter.
(d) All conditions in this chapter shall
				apply to a temporary irrigation district. In addition, interim rules shall
				apply to temporary irrigation districts 'as defined in this chapter. Where
				there is a conflict of rules, the interim rules shall supersede this
				chapter.
(e) Interim rules shall be
				in effect until the board officially establishes the irrigation district by
				specifically including it in this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 157 - RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE › Exhibit A - Schedule of Rates, Fees, and Charges for Irrigation Water Delivery Services at All DOA Irrigation Systems

Current through June, 2024
FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY
				  2011
WATER TOLL CHARGES (CENTS PER 1,000
				  GALLONS)
36 40 42.5 45 47.5 50
WATER SERVICE AND SERVICE CONNECTION APPLICATION
				  FEE
$55 $55 $60 $60 560 $65
DISHONORED CHECK SERVICE CHARGE PLUS
				  INTEREST
As provided in section
				  40-35.5,
				  Hawaii Revised Statutes.
STANDARD DEPOSIT FOR A NEW SERVICE
				  CONNECTION
$1,000
METER/SERVICE CONNECTION
				  CHARGES
At Cost
COPYING FEES FOR DOCUMENTS OR DRAWINGS REQUESTED
				  FROM THE DEPARTMENT
50 cents per page for pages up to 11" x 17".
All other sizes shall be charged at cost.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-3 - Fees and charges

Current through June, 2024
Fees for the processing of lease or permit documents and
					 records shall be charged as follows:
(1) Lease, permit, assignment of lease,
				  sublease, consent to mortgage, collateral agreement, and all other documents:
				  $30/document
(2) Copy of document:
				  $.50/page
The cost of appraisals, surveys, public notices, lease
					 closing and other services relating to lot disposition, reopening, or
					 assignment which are incurred by the department shall be charged to the lessee
					 upon completion of the relevant lease or permit transaction and any other fees
					 or charges incurred by the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-4 - Penalties

Current through June, 2024
(a) The chairperson may set, charge, and
				  collect administrative fines and costs, as allowed by law, or bring legal
				  action to recover administrative fees and costs as documented by receipts or
				  affidavit, including attorneys' fees and costs; or bring legal action to
				  recover administrative fines, fees, and costs, including attorneys' fees and
				  costs, or payment for damages resulting from a violation of chapter 166E, HRS,
				  or any rule adopted pursuant to chapter 166E, HRS.
(b) Any criminal action against a person for
				  any violation of chapter 166E, HRS, shall not be deemed to preclude the State
				  from pursuing civil legal action against that person. Any civil legal action
				  against a person to recover administrative fines and costs for any violation of
				  chapter 166E, HRS, or any rule adopted pursuant to chapter 166E, HRS, shall not
				  be deemed to preclude the State from pursuing any criminal action against that
				  person. Each day of each violation shall constitute a separate
				  offense.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-5 - Covenants against discrimination

Current through June, 2024
The board shall provide in every patent, deed, lease,
					 agreement, license, or permit that the use and enjoyment of the premises being
					 granted shall not be in support of any policy which discriminates against
					 anyone based upon race, creed, color, national origin, sex, or a physical
					 handicap. The board shall not dispose of any public land to any person who
					 practices discrimination based upon race, creed, color, national origin, sex,
					 or a physical handicap. As used in this section, "physical handicap" means a
					 physical impairment which substantially limits one or more of a person's major
					 life activities.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-6 - Irrigation projects

Current through June, 2024
In any encumbrance or similar agreement, a condition may be
					 provided requiring the inclusion of the land being disposed in any irrigation
					 project formed or to be formed by the state agency responsible therefor and
					 making the land subject to assessments made or to be made for such project and
					 constituting such assessments a first lien upon the land which if not paid
					 shall result in the forfeiture of the land subject to notice of default as
					 provided in section
					 4-158-33.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-7 - Prohibitions

Current through June, 2024
The mining or taking of sand, dead coral or coral rubble,
					 rocks, soil, or other marine deposits is prohibited with the following
					 exceptions:
(1) The taking of such
				  materials, not in excess of one gallon per person per day for reasonable,
				  personal, noncommercial use;
(2)
				  For the replenishment or protection of public areas and adjacent public lands
				  or construction or maintenance of state approved reservoirs, harbors, launching
				  ramps, or drainage channels with a permit authorized under chapter
				  183C, HRS;
(3) The clearing of such materials from
				  existing drainage pipes and canals and from the mouths of streams including
				  clearing for the purposes under section 4 6-11.5, HRS; provided that the
				  materials removed shall be placed on adjacent areas unless this placement would
				  result in significant turbidity; or
(4) The cleaning of areas for state or county
				  maintenance purposes including the purposes under section
				  46-12,
				  HRS; provided that the materials removed shall be placed on adjacent areas
				  unless such placement would result in significant turbidity.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 2 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-8 - Conversion of qualified and encumbered lands

Current through June, 2024
(a) The
				  board may offer to convert an existing encumbrance on those lands transferred
				  into new long-term leases. Prior to the board making an offer to convert an
				  existing encumbrance to a long-term lease, the board shall determine that it is
				  in the public interest to assist those holding encumbrances, who presently
				  operate or operated a viable agricultural activity for a livelihood. Further,
				  by allowing conversion of existing encumbrances into new long-term leases, the
				  State would realize greater returns and reduce disruptions to current ongoing
				  farming operations. The lessee may request conversion of the lease if the
				  remaining term is less than ten years, but more than five years. For land with
				  encumbrances, conversion shall be limited to those lands:
(1) Not needed by any state or county
				  agencies for any other public purpose; and
(2) Zoned, classified, or leased for
				  agricultural activity.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 2 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-9 - Extension of encumbered non-agricultural park lands

Current through June, 2024
This section shall apply to those existing encumbrances
					 that meet the following:
(1) The
				  tenant must hold a current lease for use of lands transferred to the
				  department;
(2) The holder of an
				  encumbrance shall be satisfactorily performing in full compliance with the
				  terms and conditions of the existing lease, permit, or license;
(3) The holder of an encumbrance shall not be
				  in arrears in the payment of taxes, rents, or other obligations owed to the
				  State or any county; and
(4) The
				  holder of an encumbrance's agricultural activity or farming operation shall be
				  fully and economically viable as specified in section 4-158-11.
Upon request, the administrator shall evaluate the existing
					 encumbrance to determine whether the farming operation and the holder of
					 encumbrance meets the qualification and eligibility requirements, as outlined
					 in section 4-158-11. The department on a case-by-case basis may recommend to
					 the board the option to renegotiate or amend for extension each existing
					 encumbrance. The board may review the recommendation and shall approve a course
					 of action. The encumbrances deemed not qualified shall continue unabated until
					 the encumbrance termination date expires.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 2 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-11 - Eligibility for extension

Current through June, 2024
(a) The existing
				  agricultural activity or farming operation shall meet at least three of the
				  following criteria to qualify for extensions under this section:
(1) Conforms with provisions of the Hawaii
				  State Plan or the State Functional Plan for Agriculture;
(2) Supports enhancement or expansion of
				  locally grown replacement crops for sugar;
(3) Protects and conserves suitable
				  agricultural lands within the land district;
(4) Promotes diversified agriculture industry
				  and development of new crops;
(5)
				  Increases the State's self-sufficiency of agricultural commodities and
				  products;
(6) Produces an
				  agricultural commodity that contributes to reducing imported produce;
(7) Ensures the continued availability of
				  suitable agricultural lands in the land district; or
(8) Conforms with any other agricultural uses
				  that the board may deem worthwhile for the preservation of the diversified
				  agricultural industry for the land district. Upon request, the administrator
				  shall evaluate each encumbrance and determine whether or not a recommendation
				  to the board for permission to negotiate a lease extension is
				  justified.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 2 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-12 - Extension restrictions

Current through June, 2024
The board may impose the following restrictions on any
					 lease extensions:
(1) No aggregate
				  term period shall be less than fifteen years nor exceed sixty-five
				  years;
(2) The purpose of the
				  extension shall be for a specific agricultural activity(ies) and may include
				  waste or unusable lands for preservation of the surrounding environment and
				  continuity of farming operations; and
(3) The lease shall not be in violation of
				  existing lease terms or conditions or be in arrears of rents due at the date of
				  extension.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 3 - POLICY, PLANNING, AND DEVELOPMENT › Section 4-158-13 - Planning

Current through June, 2024
(a) The division from time to time shall:
(1) Reassess the non-agricultural park lands
				  program and define new directions and priorities for the program;
(2) Identify and analyze potential
				  non-agricultural park lands required to support the development of agricultural
				  industries in the State; and
(3)
				  Select and recommend suitable sites for future non-agricultural park lands
				  projects to meet the needs of agricultural commodity industries.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 3 - POLICY, PLANNING, AND DEVELOPMENT › Section 4-158-14 - Development

Current through June, 2024
The division shall cause non-agricultural park lands
					 infrastructure improvements approved by the board to be established, improved,
					 operated, and maintained.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 3 - POLICY, PLANNING, AND DEVELOPMENT › Section 4-158-15 - Development by joint ventures

Current through June, 2024
Any non-agricultural park lands developed by the department
					 in partnership with a federal agency, a county, or a private party shall be
					 subject to a partnership agreement approved by the board of agriculture, which
					 agreement shall provide, at a minimum:
(1) A determination by the board that it is
				  in the public interest to enter into the partnership agreement;
(2) Long-term assurance that the land will be
				  utilized for agricultural or aquacultural purposes;
(3) Board approval of the non-agricultural
				  park lands development plans and specifications;
(4) Selection and management of lessees in a
				  manner approved by the board; and
(5) Conditions to ensure a public benefit
				  from any state funds expended for the project.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 3 - POLICY, PLANNING, AND DEVELOPMENT › Section 4-158-16 - Planning; joint ventures

Current through June, 2024
(a) Prior to
				  entering into a partnership agreement, the board shall:
(1) Determine:
(A) Whether the lands shall be developed
				  by-disposition or contract;
(B) The
				  location, area, and size of the lands to be developed;
(C) The use or uses to which the lands shall
				  be put;
(D) The estimated period of
				  time to construct and complete the development;
(E) Minimum requirements for on-site and
				  off-site improvement, if any; and
(F) Such other terms and conditions as shall
				  be deemed necessary by the board;
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-18 - Lease provisions, generally

Current through June, 2024
Every lease issued by the board shall contain:
(1) The specific use or uses to which the
				  land is to be employed, provided that the use or uses shall be for agricultural
				  or aquacultural activities only;
(2) The improvements required, provided that
				  a minimum reasonable time shall be allowed for the completion of the
				  improvements, and provided further that the board may permit the lessee to
				  offset the cost of any improvements to the leasehold against not more than two
				  years of lease rental. This provision shall not apply to lease conversions as
				  defined in section 4-158-8;
(3)
				  Restrictions against alienation as set forth in section 4-158-5;
(4) The rent as established by the board or
				  at public auction, which shall be payable not more than one year in advance, in
				  monthly, quarterly, semiannual, or annual payments;
(5) Where applicable, adequate protection of
				  forests, watershed areas, game management areas, wildlife sanctuaries, and
				  public hunting areas; reservation of rights-of-way and access to other public
				  lands, public hunting areas, game management areas, or public beaches; and
				  prevention of nuisance and waste; and
(6) Such other terms and conditions as the
				  board deems necessary to preserve and protect non-agricultural park lands and
				  to effectuate the purposes of the state constitution and chapter 166E,
				  HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-20 - Additional terms and conditions

Current through June, 2024
(a) The lessee,
				  within a-reasonable period of time and in accordance with the plan of
				  development and utilization provided for in subsection (d), shall derive the
				  major portion of the lessee's annual income from the production of livestock,
				  poultry, crops or products for which the land is granted to the lessee;
				  provided that this restriction shall not apply if failure to meet the
				  restriction results from mental or physical disability or the loss of a spouse,
				  or if the premises are fully utilized in the production of crops or products
				  for which the disposition was granted. The lessee shall promptly provide
				  information and documents requested by the administrator, including but not
				  limited to copies of income tax returns, to verify that the income requirement
				  is being met.
(b) The lessee shall
				  furnish the department, prior to the issuance of the executed lease, the
				  following:
(1) A certificate of comprehensive
				  liability insurance to be maintained throughout the term of the lease with
				  coverage in an amount to be determined by the administrator and approved by the
				  board, subject to periodic review and adjustment at intervals specified in the
				  lease. The certificate of insurance shall name the department as an additional
				  insured and shall require a thirty-day notice to the department of any policy
				  change or cancellation; and
(2) A
				  performance bond to be maintained throughout the term of the lease in an amount
				  equal to two times the annual base rental; provided that the bond requirement
				  may be waived by the administrator upon evidence that the lessee is
				  substantially in compliance with lease terms and the lessee's lot is
				  substantially developed according to plans approved by the department; provided
				  further that the department may reinstate the waived bond at any time during
				  the term of the lease.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-22 - Negotiation

Current through June, 2024
(a) A lease of non-agricultural park lands
				  may be disposed of through negotiation upon a finding by the board that the
				  public interest demands the disposition as provided by section
				  171-18,
				  HRS.
(b) After a determination is
				  made, to negotiate the disposition of a lease, the administrator shall:
(1) Give public notice in accordance with the
				  procedure set forth in section 4-158-30(d), of the department's intention to
				  lease non-agricultural park lands through negotiation, setting forth the
				  minimum conditions thereunder, and the uses for which the land will be leased.
				  Any person interested in securing the lease shall file an application with the
				  administrator not later than forty-five days after the first publication of the
				  notice.
(2) Determine the
				  applicants who meet the criteria for selection set by the board and notify all
				  applicants of the administrator's determination. Any applicant may examine the
				  basis of the determination, which shall be in writing, to ascertain whether or
				  not the conditions and criteria established by the board were followed;
				  provided that if any applicant does not notify the administrator of the
				  applicant's objections, and the grounds therefor, in writing, within twenty
				  days of the receipt of the notice, the applicant shall be barred from
				  proceeding to seek legal remedy for any alleged failure of the department to
				  follow the conditions and criteria.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-23 - Drawing of lot

Current through June, 2024
When the board determines that non-agricultural park lands
					 are to be leased by drawing, the administrator shall give public notice
					 inviting applications for the drawing as provided in section
					 4-158-29, with such details
					 concerning the drawing as it deems necessary and desirable. Applications to
					 participate in the drawing shall be filed with the department within two weeks
					 after the last publication date of the notice. Within not more than one hundred
					 twenty days after the closing date for applications, the administrator shall
					 screen the qualifications of the applicants, select those qualified to
					 participate, notify all applicants of the selection, and conduct a drawing. The
					 date of the drawing shall be published as set forth in section
					 4-158-29. All applicants shall be
					 notified of the results of the drawing, and the award of leases shall be made
					 by the board at its next regularly scheduled meeting. The lease shall be issued
					 when conditions of the award of lease are fulfilled.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-24 - Public auction

Current through June, 2024
(a) Disposition of
				  non-agricultural park lands may be made at public auction after public notice
				  as provided in section 4-158-29. All public auctions shall be held at the
				  department or at any other convenient place in the district in which the land
				  is located, and shall be conducted by the administrator or by an authorized
				  employee of the division under the direction of the administrator, who shall
				  perform this service without extra compensation.
(b) To be eligible to bid in an auction for a
				  non-agricultural park lands lease, a bidder shall qualify as a bona fide farmer
				  or new farmer as defined in this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-25 - Conduct of drawing

Current through June, 2024
(a) Qualified
				  applicants shall be present in person or shall be represented by an agent with
				  appropriate credentials authorizing representation. Applicants who are not
				  present or arrive late at the drawing shall be disqualified.
(b) All qualified applicants shall be placed
				  in the following groups:
(1) Group I, All
				  persons given preference pursuant to section 4-158-28; or
(2) Group II, Bona fide farmers as defined in
				  this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-26 - Disposition of abandoned or seized property

Current through June, 2024
The department may sell, donate, or otherwise dispose of
					 property abandoned or seized on public land upon compliance with the
					 requirements of section
					 171-31.5,
					 HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-27 - Application requirements

Current through June, 2024
(a) An applicant
				  shall meet one or more of the following qualifications:
(1) Qualifications as a bona fide farmer
				  pursuant to section 4-158-1;
(2)
				  Qualifications as new farmer pursuant to section 4-158-1;
(3) The person meets such other
				  qualifications as the board may prescribe pursuant to 4-158-2; or
(4) Citizenship or permanent status alien.
				  Any person shall be eligible to apply for a non-agricultural park lands lease
				  if the person:
(A) Is a citizen of the United
				  States who has resided in the State for at least three years or is a permanent
				  status alien who has resided in the State for at least five years;
				  and
(B) Is a bona fide farmer or
				  new farmer as defined in this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-28 - Preference right

Current through June, 2024
(a) Any person
				  otherwise qualified to take a lot shall have preference in any disposition by
				  drawing of lots if the person:
(1) Is a
				  veteran who served in the military forces of the United States and who was
				  honorably discharged therefrom;
(2)
				  Is a displaced farmer who within a five-year period preceding the application
				  is the former owner or lessee of farm premises that were condemned, taken, or
				  repossessed by a governmental authority or private person;
(3) Is an owner or lessee in possession of
				  farm premises that will be condemned, taken, or repossessed by a governmental
				  authority or private person, for any reason, and will be a displaced farmer
				  within five years following the application date for a lot;
(4) Operates a farm located in a zoning
				  district where agricultural use is a nonconforming use;
(5) Is a new farmer as defined in this
				  chapter that does not own fee simple or possesses a agricultural lease;
				  or
(6) Has been displaced by reason
				  of any natural disaster as defined in this chapter.
After the above preference, any person who is a citizen of
					 the United States and who is otherwise qualified shall be given preference over
					 non-citizens.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-29 - Notices

Current through June, 2024
(a) Any disposition of public lands shall
				  require public notices as prescribed in the following paragraphs. In addition
				  to giving public notice, any public notice required under this section shall
				  also be posted on the Internet in an easily-located manner, or on the
				  department's website.
(b) Each
				  notice of proposed lease disposition shall contain the following-information:
(1) General information regarding all the
				  parcels or lots offered for lease, such as time and place of disposition, terms
				  and conditions of disposition, qualification of applicants, procedure for
				  filing application, conditions of award, if any and time and place at which
				  more detailed information regarding the lease disposition may be
				  obtained;
(2) Specific information
				  pertaining to the individual parcels or lots offered for lease such as the
				  parcel or lot number, its description, location and area, minimum, base, or
				  upset rental, basis for additional rent if any, method of payment, purpose for
				  which leased, the term of lease, building requirement, and other such covenants
				  and conditions; and
(3) The
				  lessee's responsibility for applicable lease disposition costs pursuant to
				  section 4-158-3.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-30 - Ineligible applicants

Current through June, 2024
(a) No person shall
				  be eligible to lease public lands who has had during the five years preceding
				  the date of disposition a previous sale, lease, license, permit, or easement
				  covering public lands canceled for failure to satisfy the terms and conditions
				  thereof.
(b) No person shall be
				  eligible to lease public land who is in arrears in the payment of taxes or
				  other obligations to the State or any of its counties.
(c) No person shall be eligible to become an
				  applicant who is not of legal age.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 4 - DISPOSITION OF NON-AGRICULTURAL PARK LANDS › Section 4-158-31 - Expired leases; holdover

Current through June, 2024
Upon expiration of the lease term, if the leased land is
					 not otherwise disposed of, the board may allow the lessee to continue to hold
					 the land for a period not exceeding one year upon such rent, terms, and
					 conditions as the board may prescribe; provided that if, immediately prior to
					 the expiration of the lease, the land was cultivated with crops having ratoons
					 for at least one cycle, as defined hereinafter, the board may permit the lessee
					 to continue to hold the leased land until the crops from the last remaining
					 cycle have been harvested. The term "cycle" as used in this section means the
					 period required to plant and cultivate the original crop, including the
					 harvesting of the first ratoon, being a period exceeding two years.
Upon expiration of the one-year extension, if the board has
					 not yet decided upon the re-lease of the land or reservation for other
					 purposes, the department may issue a temporary permit to the lessee, subject to
					 section 4-158-2 and the rent and such other
					 terms and conditions as the board may prescribe.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 5 - MANAGEMENT OF NON-AGRICULTURAL PARK LANDS › Section 4-158-32 - Consent to mortgage

Current through June, 2024
(a) Whenever under
				  this chapter or under any lease, license, permit, or other instrument issued by
				  the board, consent of the board is required' as a condition precedent to the
				  mortgage of, or the creation of a security interest in public land, the
				  chairperson of the board may, upon due application, grant the consent, and if
				  the mortgage or security interest is to a recognized lending institution
				  authorized to do business as a lending institution in either the State or
				  elsewhere in the United States, the consent may extend to foreclosure and sale
				  at the foreclosure to any purchaser, including the mortgagee, provided the
				  purchaser shall be qualified under this chapter to lease, own, or otherwise
				  acquire and hold the land or any interest therein. The interest of the
				  mortgagee or holder shall be freely assignable. The term "holder" includes an
				  insurer or guarantor of the obligation or condition of the mortgage, including
				  the Federal Housing Administration, the Federal National Mortgage Association,
				  Department of Veterans Affairs, the Small Business Administration, the United
				  States Department of Agriculture, or any other federal agency and their
				  respective successors and assigns, or any lending institution authorized to do
				  business in the State or elsewhere in the United States; provided that the
				  consent to mortgage to a nongovernmental holder shall not confer any greater
				  rights or powers in the holder than those which would be required by any of the
				  aforementioned federal agencies.
(b) Notwithstanding any provision in this
				  chapter to the contrary, in leases or sales for agricultural residential
				  purposes, the board may waive or modify any restrictions of the lease or sale
				  or any restrictions contained in any such lease or sale if the waiver or
				  modification is necessary to enable any of the federal agencies specified in
				  subsection (a) or any lending institution authorized to do business in the
				  State or elsewhere in the United States to participate in any loan secured by a
				  mortgage on the land or the leasehold interest; provided any such waiver or
				  modification shall not confer any greater rights or powers in the holder than
				  those which would be required by the Federal Housing Administration or the
				  United States Department of Agriculture.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 5 - MANAGEMENT OF NON-AGRICULTURAL PARK LANDS › Section 4-158-33 - Notice of breach or default

Current through June, 2024
Except as otherwise specifically provided in this chapter,
					 in the event of a breach or default of any term, covenant, restriction, or
					 condition of any lease or patent heretofore or hereafter issued under this
					 chapter, the administrator shall deliver a written notice of the breach or
					 default by personal service or by registered or certified mail to the party in
					 default and to each holder of record having any security interest in the land
					 covered by or subject to the lease or patent making demand upon the party to
					 cure or remedy the breach or default within sixty days from the date of receipt
					 of the notice; provided that where the breach involves a failure to make timely
					 rental payments pursuant to the lease or patent issued under this chapter, the
					 written notice shall include a demand to pay the rent with less than sixty
					 days, but not less than five business days, after receipt of the notice. Upon
					 failure of the party to cure or remedy the breach or default within the time
					 period provided or within such additional period as the board may allow for
					 good cause, the board -subject to section
					 4-158-34, may exercise such rights
					 as it may have at law or as set forth in the lease or
					 encumbrance.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 5 - MANAGEMENT OF NON-AGRICULTURAL PARK LANDS › Section 4-158-35 - Re-purchase right, first offer to board; limitation on Re-purchase price

Current through June, 2024
(a) A lease or any interest therein,
				  including stock of a corporation holding the lease or an interest in a
				  partnership or association holding the lease, shall not be transferred or
				  assigned unless the lease and improvements, or any interest therein, are first
				  surrendered to the board, as follows:
(1) The
				  board may have the option to re-purchase the lease for the price paid by the
				  current lessee, including closing costs, or the fair market value, less
				  appreciated value, at the time of re-purchase, as determined in paragraph (3),
				  whichever is the lower but not less than zero. For the purposes of this
				  subsection, "price paid by the current lessee" means the consideration paid for
				  the lease exclusive of improvements and "appreciated value" means the
				  replacement cost for developing the leased premises. If the board does not
				  exercise its option, the provisions of section 4-158-19(a) (4) shall
				  apply;
(2) Any improvements affixed
				  to the realty, including trade fixtures and growing crops, shall be
				  re-purchased at their fair market value;
(3) At the time of the re-purchase, the fair
				  market value of the lease less appreciated value and the fair market value of
				  any improvements shall be determined by a qualified appraiser whose services
				  shall be contracted for by the administrator; provided that should the lessee
				  disagree with the values, the lessee may appoint the lessee's own appraiser who
				  together with the department's appraiser shall appoint a third appraiser, and
				  the fair market value shall be determined by arbitration as provided in chapter
				  658A, HRS. In this event, the lessee shall pay for the lessee's own appraiser,
				  the department shall pay for its appraiser, and the cost of the third appraiser
				  shall be borne equally by the lessee and the department;
(4) The board may re-purchase the lease and.
				  improvements with funds from the special fund or may accept a surrender of
				  lease subject to the offer by a qualified applicant to purchase the lease and
				  improvements, including any encumbrances, for not less than the amount to be
				  paid therefor by the board;
(5)
				  Notwithstanding the conditions herein, the consideration for the applicant's
				  purchase of the lease as provided in paragraph (4) shall not be less than the
				  total of all encumbrances that have been approved by the board at the time of
				  the re-purchase.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 5 - MANAGEMENT OF NON-AGRICULTURAL PARK LANDS › Section 4-158-36 - Condemnation of leases

Current through June, 2024
The lease shall provide that whenever a portion of the
					 public land under lease is condemned for public purposes by the State, county,
					 or any other governmental agency, the lease rental shall be reduced in
					 proportion to the value of the portion of the premises condemned, and the
					 lessee shall be entitled to receive from the condemning authority:
(1) The value of growing crops, if any, which
				  the lessee is not permitted to harvest; and
(2) The proportionate value of the lessee's
				  permanent improvements so taken in the proportion that it bears to the
				  unexpired term of the lease; provided that the lessee may remove and relocate
				  the lessee's improvements to the remainder of the lands occupied by the lessee.
The foregoing rights of the lessee shall not be exclusive
					 of any other to which the lessee may be entitled by law. Where the portion so
					 taken renders the remainder unsuitable for the uses for which the land was
					 leased, the lessee shall have the option to surrender the lease and be
					 discharged for any further liability therefor; provided that the lessee may
					 remove the lessee's permanent improvements within such reasonable period
					 allowed by the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 5 - MANAGEMENT OF NON-AGRICULTURAL PARK LANDS › Section 4-158-37 - Taxes

Current through June, 2024
Any provision to the contrary notwithstanding, leases and
					 licenses issued by the board and permits issued to permittees, who are holdover
					 lessees or licensees, shall be subject to real property taxes which shall be
					 assessed on a pro rata basis against the lessee, licensee, or the permittee and
					 the lessee's, licensee's, or permittee's successor in interest.
Upon notice from the appropriate tax agency, the
					 administrator shall notify the lessee, licensee, or permittee and each holder
					 of record having a security interest as provided in section
					 4-158-34 of any default in the
					 payment of the taxes and upon failure to remedy the default within sixty days
					 after receipt of notice of default, the board may cancel and terminate the
					 lease, license, or permit without prejudice to any other remedies the
					 department may have against the lessee, licensee, or
					 permittee.