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

(b)  Each county shall develop maps ofpotential lands to be considered for designation as important agriculturallands in consultation and cooperation with landowners, the department ofagriculture, agricultural interest groups, including representatives from theHawaii Farm Bureau Federation and other agricultural organizations, the UnitedStates Department of Agriculture – Natural Resources Conservation Service, theoffice of planning, and other groups as necessary.

(c)  Each county, through its planningdepartment, shall develop an inclusive process for public involvement in theidentification of potential lands and the development of maps of lands to berecommended as important agricultural lands, including a series of publicmeetings throughout the identification and mapping process.  The planningdepartments may also establish one or more citizen advisory committees onimportant agricultural lands to provide further public input, utilize anexisting process (such as general plan, development plan, community plan), oremploy appropriate existing and adopted general plan, development plan, orcommunity plan maps.

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

Upon identification of potential lands to berecommended to the county council as potential important agricultural lands,the counties shall take reasonable action to notify each owner of those landsby mail or posted notice on the affected lands to inform them of the potentialdesignation of their lands.

In formulating its final recommendations to therespective county councils, the planning departments shall report on the mannerin which the important agricultural lands mapping relates to, supports, and isconsistent with the:

(1)  Standards and criteria set forth in section205-44;

(2)  County's adopted land use plans, as applied toboth the identification and exclusion of important agricultural lands from suchdesignation;

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

(4)  Viability of existing agribusinesses; and

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

(e)  The important agricultural lands mapsshall be submitted to the county council for decision-making.  The countycouncil shall adopt the maps, with or without changes, by resolution.  Theadopted maps shall be transmitted to the land use commission for further actionpursuant 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 andmaps with recommendations for lands eligible for designation as importantagricultural lands to the land use commission no later than sixty months fromthe date of county receipt of state funds appropriated for the identificationprocess.  Upon receipt of the county maps, the land use commission shall reviewand adopt maps designating important agricultural lands to the State inaccordance with section [205-49]."

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