[§205-47]  Identification of important
agricultural lands; county process.  [See note below.]  (a)  Each
county shall identify and map potential important agricultural lands within its
jurisdiction based on the standards and criteria in section 205-44 and the
intent of this part, except lands that have been designated, through the state
land use, zoning, or county planning process, for urban use by the State or
county.



(b)  Each county shall develop maps of
potential lands to be considered for designation as important agricultural
lands in consultation and cooperation with landowners, the department of
agriculture, agricultural interest groups, including representatives from the
Hawaii Farm Bureau Federation and other agricultural organizations, the United
States Department of Agriculture – Natural Resources Conservation Service, the
office of planning, and other groups as necessary.



(c)  Each county, through its planning
department, shall develop 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.  The planning
departments may also establish one or more citizen advisory committees on
important agricultural lands to provide further public input, utilize an
existing process (such as general plan, development plan, community plan), or
employ appropriate existing and adopted general plan, development plan, or
community plan maps.



(d)  The counties shall take notice of those
lands that have already been designated as important agricultural lands by the
commission.



Upon identification of potential lands to be
recommended to the county council as potential important agricultural lands,
the counties shall take 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.



In formulating its final recommendations to the
respective county councils, the planning departments shall report on the manner
in which the important agricultural lands mapping relates to, supports, and is
consistent with the:



(1)  Standards and criteria set forth in section
205-44;



(2)  County's adopted land use plans, as applied to
both the identification and exclusion of important agricultural lands from such
designation;



(3)  Comments received from government agencies and
others identified in subsection (b);



(4)  Viability of existing agribusinesses; and



(5)  Representations or position statements of the
owners whose lands are subject to the potential designation.



(e)  The important agricultural lands maps
shall be submitted to the county council for decision-making.  The county
council shall adopt the maps, with or without changes, by resolution.  The
adopted maps shall be transmitted to the land use commission for further action
pursuant to section 205‑48. [L 2005, c 183, pt of §2]



 



Note



 



  L 2005, c 183, §7 provides:



  "SECTION 7.  Each county shall submit its report and
maps with recommendations for lands eligible for designation as important
agricultural lands to the land use commission no later than sixty months from
the date of county receipt of state funds appropriated for the identification
process.  Upon receipt of the county maps, the land use commission shall review
and adopt maps designating important agricultural lands to the State in
accordance with section [205-49]."



  Designations made pursuant to this section take effect three
years after incentives and protections for important agricultural lands and
agricultural viability are enacted.  L 2005, c 183, §14(2).