[§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]