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 15-15-125 - County identification of important agricultural lands

Current through June, 2024
(a)
				  Receipt of recommendations and maps from the planning department of a county
				  under section
				  205-48,
				  HRS, shall not be considered a petition for a declaratory order designating
				  land within its jurisdiction as important agricultural lands. The commission
				  shall however, designate lands within the relevant county and adopt maps
				  designating important agricultural lands in such county within 365 days of the
				  submission being deemed complete pursuant to subsection (b). Such time period
				  for determination may be extended for a period of up to one hundred and eighty
				  days by order of the chairperson of the commission. The form and content of the
				  county recommendations shall conform to the requirements of sections
				  205-42,
				  205-43,
				  205-44,
				  and
				  205-47,
				  HRS.
(b) The county making such
				  recommendations to designate land important agricultural lands shall provide
				  the commission a complete record of its proceedings in support of its
				  recommendation, including evidence the county has specifically adhered to the
				  requirements of section
				  205-47,
				  HRS, including records evidencing that:
(1)
				  Maps of potential lands to be considered for designation as important
				  agricultural lands have been developed in consultation and cooperation with
				  landowners, the state department of agriculture, agricultural interest groups,
				  including representatives from the Hawai'i farm bureau federation and other
				  agricultural organizations, the United States department of agriculture -
				  natural resources conservation service, the state office of planning, and other
				  groups as necessary,
(2) Each
				  county, through its planning department, has utilized an inclusive process for
				  public involvement in the identification of potential lands and the development
				  of maps of lands to be recommended as important agricultural lands, including a
				  series of public meetings throughout the identification and mapping
				  process.
(3) The county has taken
				  notice of those lands already designated important agricultural lands by the
				  commission.
(4) Upon identification
				  of potential lands to be recommended to the county council as potential
				  important agricultural lands, each county has taken reasonable action to notify
				  each owner of those lands by mail or posted notice on the affected lands to
				  inform them of the potential designation of their lands.
(5) Evidence that the important agricultural
				  lands mapping relates to, supports, and is consistent with the:
(A) Standards and criteria set forth in
				  section
				  205-44,
				  HRS, and this subchapter have been met;
(B) County's adopted land use plans, as
				  applied to both the identification and exclusion of important agricultural
				  lands from such designation;
(C)
				  Comments received from government agencies and others identified in section
				  205-47(b),
				  HRS;
(D) Viability of existing
				  agribusinesses;
(E) Representations
				  or position statements of the owners whose lands are subject to the potential
				  designation; and
(F) Any other
				  relevant information.
(6)
				  The important agricultural lands maps have been adopted by the county council,
				  by resolution.