§205-44  Standards and criteria for theidentification of important agricultural lands.  (a)  The standards andcriteria in this section shall be used to identify important agriculturallands.  Lands identified as important agricultural lands need not meet everystandard and criteria listed in subsection (c).  Rather, lands meeting any ofthe criteria in subsection (c) shall be given initial consideration; providedthat the designation of important agricultural lands shall be made by weighingthe standards and criteria with each other to meet the constitutionallymandated purposes in article XI, section 3, of the Hawaii Constitution and theobjectives and policies for important agricultural lands in sections 205-42 and205-43.

(b)  In a petition for a declaratory ordersubmitted under section 205-45 that seeks to both designate lands as importantagricultural lands and reclassify lands in the agricultural district to therural, conservation, or urban district, the lands shall be deemed qualified fordesignation as important agricultural land if the commission reasonably findsthat the lands meet at least the criteria of subsection (c)(5) and (7) of thissection.

If a petition seeks to only designate land asimportant agricultural lands, then the commission shall evaluate the lands inaccordance with subsection (a).

(c)  The standards and criteria shall be asfollows:

(1)  Land currently used for agriculturalproduction;

(2)  Land with soil qualities and growing conditionsthat support agricultural production of food, fiber, or fuel- andenergy-producing crops;

(3)  Land identified under agricultural productivityrating systems, such as the agricultural lands of importance to the State ofHawaii (ALISH) system adopted by the board of agriculture on January 28, 1977;

(4)  Land types associated with traditional nativeHawaiian agricultural uses, such as taro cultivation, or unique agriculturalcrops and uses, such as coffee, vineyards, aquaculture, and energy production;

(5)  Land with sufficient quantities of water tosupport viable agricultural production;

(6)  Land whose designation as important agriculturallands is consistent with general, development, and community plans of thecounty;

(7)  Land that contributes to maintaining a criticalland mass important to agricultural operating productivity; and

(8)  Land with or near support infrastructureconducive to agricultural productivity, such as transportation to markets,water, or power. [L 2005, c 183, pt of §2; am L 2008, c 233, §18]