§205-44  Standards and criteria for the
identification of important agricultural lands.  (a)  The standards and
criteria in this section shall be used to identify important agricultural
lands.  Lands identified as important agricultural lands need not meet every
standard and criteria listed in subsection (c).  Rather, lands meeting any of
the criteria in subsection (c) shall be given initial consideration; provided
that the designation of important agricultural lands shall be made by weighing
the standards and criteria with each other to meet the constitutionally
mandated purposes in article XI, section 3, of the Hawaii Constitution and the
objectives and policies for important agricultural lands in sections 205-42 and
205-43.



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



If a petition seeks to only designate land as
important agricultural lands, then the commission shall evaluate the lands in
accordance with subsection (a).



(c)  The standards and criteria shall be as
follows:



(1)  Land currently used for agricultural
production;



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



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



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



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



(6)  Land whose designation as important agricultural
lands is consistent with general, development, and community plans of the
county;



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



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