[§205-49]  Designation of importantagricultural lands; adoption of important agricultural lands maps.  (a) After receipt of the maps of eligible important agricultural lands from thecounties and the recommendations of the department of agriculture and theoffice of planning, the commission shall then proceed to identify and designateimportant agricultural lands, subject to section 205-45.  The decision shallconsider the county maps of eligible important agricultural lands; declaratoryorders issued by the commission designating important agricultural lands duringthe three year period following the enactment of legislation establishingincentives and protections contemplated under section 205-46, as provided insection 9 of Act 183, Session Laws of Hawaii 2005; landowner positionstatements and representations; and any other relevant information.

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

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

(2)  The proposed designation is necessary to meet theobjectives and policies for important agricultural lands in sections 205-42 and205-43; and

(3)  The commission has designated lands as importantagricultural lands, pursuant to section 205-45; provided that if the majorityof landowners' landholdings is already designated as important agriculturallands, excluding lands held in the conservation district, pursuant to section205-45 or any other provision of this part, the commission shall not designateany additional lands of that landowner as important agricultural lands exceptby a petition pursuant to section 205-45.

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

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

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

(d)  The land use commission may designatelands as important agricultural lands and adopt maps for a designation pursuantto:

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

(2)  The county process for identifying andrecommending lands for important agricultural lands under section 205-47 nosooner than three years,

after the enactment of legislation establishingincentives and protections contemplated under section 205-46, as provided insection 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 printedafter section 205-41.