§205-3.5 - Reclassification of land contiguous to an agricultural district; approval conditions.
[§205-3.5] Reclassification of landcontiguous to an agricultural district; approval conditions. (a) Anydecision approving a petition for a boundary amendment pursuant to this chapterwhere lands in the petition area are contiguous or adjacent to lands in theagricultural district, shall include the following conditions in the decisiongranting approval:
(1) A prohibition on any action that would interferewith or restrain farming operations; provided the farming operations areconducted in a manner consistent with generally accepted agricultural andmanagement practices on adjacent or contiguous lands in the agriculturaldistrict; and
(2) Notification to all prospective developers orpurchasers of land or interest in land in the petition area and subsequentnotification to lessees or tenants of the land, that farming operations andpractices on adjacent or contiguous land in the agricultural district areprotected under chapter 165, the Hawaii right to farm act, and that the noticeshall be included in any disclosure required for the sale or transfer of realproperty or any interest in real property.
(b) For purposes of this section,"farming operation" shall have the same meaning as provided insection 165-2. [L 2008, c 124, §1]