Amends the current provisions of the rural and agricultural districts; establishes a task force to identify and designate marginal agricultural lands for inclusion in the rural district, in order to provide for rural development that supports agriculture, protects open space, accommodates rural, non-farm uses.

A BILL FOR AN ACT

SECTION 1. The legislature finds that Hawaii's changing agricultural land use patterns and the State's evolving economy require a reassessment of land use policies, particularly with regards to the rural and agricultural districts. As a result of these changes, agricultural lands are often viewed as a holding zone for urban land use, not as an important land resource in which diversified agriculture plays an important economic role.

In addition, existing state and county land use regulations are not effective in mitigating market forces driving the conversion of the State's prime agricultural lands to other uses. For example, the relative proximity and lower cost of agricultural lands near urban centers and jobs contributes to the encroachment of urban-like development and the extension of costly infrastructure and services into rural and agricultural communities.

The legislature further finds that a reevaluation of land use regulations is necessary in order to preserve productive agricultural lands, while responding to the realities of growth in an improving economic climate.

The purpose of this Act is to provide for rural development that supports agriculture, protects open space, accommodates rural, nonfarm uses, and avoids further costly extensions of urban infrastructure and services, by identifying and designating marginal agricultural lands for inclusion in the rural district.

SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There shall be four major land use districts in which all lands in the State shall be placed: urban, rural, agricultural, and conservation. The land use task force shall group contiguous land areas suitable for inclusion in one of these four major districts. The commission shall set standards for determining the boundaries of each district, provided that:

In establishing the boundaries of the districts in each county, the commission shall give consideration to the master plan or general plan of the county."

2. By amending subsections (c) and (d) to read:

"(c) Rural districts shall include activities or uses as characterized by small farms mixed with low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, [and where small farms are intermixed with low density residential lots] except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot, provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. These districts may also include open area recreational uses.

(d) Agricultural districts shall include activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry; farming activities or uses related to animal husbandry, aquaculture, and game and fish propagation; aquaculture, which means the production of aquatic plant and animal life for food and fiber within ponds and other bodies of water; wind generated energy production for public, private, and commercial use; bona fide agricultural services and uses which support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, whether or not conducted on the same premises as the agricultural activities to which they are accessory, including but not limited to farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, vehicle and equipment storage areas, and roadside stands for the sale of products grown on the premises; wind machines and wind farms; small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land, provided that such facilities shall not be used as or equipped for use as living quarters or dwellings; agricultural parks; and open area recreational facilities, including golf courses and golf driving ranges; provided that they are not located within agricultural district lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B.

[These districts may include areas which are not used for, or which are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics.]"

SECTION 3. Section 205-5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than [one acre,] five acres, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot, which is equal to or exceeds the minimum lot size of [one acre] five acres be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.

(c) Unless otherwise authorized by special permit issued pursuant to this chapter, [only] the following uses shall be permitted within rural districts:

In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2."

SECTION 4. Rural and agricultural lands task force; established. (a) There is established the rural and agricultural lands task force to serve for a period of one year. The task force shall be attached to the department of business, economic development, and tourism office of planning for administrative purposes. The task force shall be comprised of eleven members as follows:

The director of the office of planning shall be the chairperson of the task force. The members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties.

(b) The task force shall develop a set of criteria, standards, and procedures for the identification and designation of marginal agricultural lands to guide land use decision-making. The criteria, standards, and procedures shall be formulated to provide a coherent, long-range agricultural land use policy, which will enable and promote the expansion of agriculture's role in Hawaii's economic future and the conservation of agricultural lands as an economic, physical, and sociocultural resource for present and future generations of residents and visitors.

The task force shall also develop an optional process for county requests for district boundary amendments based on adopted county plans, which are prepared consistent with State criteria.

(c) The task force shall invite the participation of the general public, particularly persons having an interest in agricultural lands and agricultural development in the State. Public information meetings and hearings shall be held as frequently as deemed necessary and feasible; provided that at least one hearing, which shall be conducted subject to chapter 92, Hawaii Revised Statutes, shall be held in each county prior to the submission of reports required under this section.

(d) In the formulation of its recommendations, the task force shall take into consideration county general plans and community development plans, existing data and findings of previous classification studies including the State of Hawaii land evaluation and site assessment task force reports and maps, the agricultural lands of importance to the State of Hawaii system, and the land study bureau's detailed land classification system. The task force may further define and add other factors for consideration as necessary.

(e) Twenty days prior to the convening of the regular session of 2002, the task force shall submit a report of its findings, recommendations, and any proposed amendments to existing statutory provisions to the legislature. The report shall include, but not be limited to recommended attributes, criteria, standards, and methodology for the identification of marginal agricultural lands as a means to broaden the use of the rural lands district. The task force shall cease to exist on June 30, 2002.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2001-2002, for the rural and agricultural lands task force.

SECTION 6. The sum appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 7. This Act shall take effect upon its approval; provided that section 5 shall take effect on July 1, 2001, and

sections 2 and 3 shall take effect on July 1, 2002.