[§205-49]  Designation of important
agricultural lands; adoption of important agricultural lands maps.  (a) 
After receipt of the maps of eligible important agricultural lands from the
counties and the recommendations of the department of agriculture and the
office of planning, the commission shall then proceed to identify and designate
important agricultural lands, subject to section 205-45.  The decision shall
consider the county maps of eligible important agricultural lands; declaratory
orders issued by the commission designating important agricultural lands during
the three year period following the enactment of legislation establishing
incentives and protections contemplated under section 205-46, as provided in
section 9 of Act 183, Session Laws of Hawaii 2005; landowner position
statements and representations; and any other relevant information.



In designating important agricultural lands in
the State, pursuant to the recommendations of individual counties, the
commission shall consider the extent to which:



(1)  The proposed lands meet the standards and
criteria under section 205-44;



(2)  The proposed designation is necessary to meet the
objectives and policies for important agricultural lands in sections 205-42 and
205-43; and



(3)  The commission has designated lands as important
agricultural lands, pursuant to section 205-45; provided that if the majority
of landowners' landholdings is already designated as important agricultural
lands, excluding lands held in the conservation district, pursuant to section
205-45 or any other provision of this part, the commission shall not designate
any additional lands of that landowner as important agricultural lands except
by a petition pursuant to section 205-45.



Any decision regarding the designation of lands
as important agricultural lands and the adoption of maps of those lands
pursuant to this section shall be based upon written findings of fact and
conclusions of law, presented in at least one public hearing conducted in the
county where the land is located in accordance with chapter 91, that the
subject lands meet the standards and criteria set forth in section 205-44 and
shall be approved by two-thirds of the membership to which the commission is
entitled.



(b)  Copies of the maps of important
agricultural lands adopted under this section shall be transmitted to each
county planning department and county council, the department of agriculture,
the agribusiness development corporation, the office of planning, and other
state agencies involved in land use matters.  The maps of important
agricultural lands shall guide all decision-making on the proposed
reclassification or rezoning of important agricultural lands, state
agricultural development programs, and other state and county land use planning
and decision-making.



(c)  The land use commission shall have the
sole authority to interpret the adopted map boundaries delineating the
important agricultural lands.



(d)  The land use commission may designate
lands as important agricultural lands and adopt maps for a designation pursuant
to:



(1)  A farmer or landowner petition for declaratory
ruling under section 205‑45 at any time; or



(2)  The county process for identifying and
recommending lands for important agricultural lands under section 205-47 no
sooner than three years,



after the enactment of legislation establishing
incentives and protections contemplated under section 205-46, as provided in
section 9 of Act 183, Session Laws of Hawaii 2005. [L 2005, c 183, pt of §2]



 



Note



 



  Section 9 of Act 183, Session Laws of Hawaii 2005, is printed
after section 205-41.