STAND. COM. REP. NO. 1278
Honolulu, Hawaii
, 2005
RE: H.B. No. 109
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 109, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LAND USE COMMISSION,"
begs leave to report as follows:
The purpose of this measure is to restrict the types of uses permitted on land in agricultural districts.
The Department of Agriculture, the Office of Hawaiian Affairs, the Office of Planning, C&H Farms, Hawaii's Thousand Friends, Life of the Land, Native Hawaiian Legal Corporation, the Sierra Club, and two individuals submitted testimony in support of the measure. The Department of Land and Natural Resources, the Hawaii Agriculture Research Center, the Hawaii Association of Realtors, the Hawaii Resort Developers Conference, the Land Use Research Foundation of Hawaii, Maui Land and Pineapple Company, Inc., Protect Keopuka Ohana, and one individual submitted testimony in opposition to this measure. The Land Use Commission and the Mayor of the County of Hawaii submitted comments on this measure.
Your Committee finds that the agricultural industry and agricultural lands are a great resource to this State. This measure protects Hawaii's farmers and agricultural lands from increased land speculation and development of fake farms or gentlemen's estates, which are often done for the purposes of gaining unfair tax benefits. This measure:
(1) Ensures lands designated for agriculture will appropriately be used for agricultural purposes;
(2) Specifies prohibited activities and uses in the agricultural district, including golf courses, covenants restricting otherwise permitted agricultural uses, hotels, and homes that are not compatible with or are not accessories to agricultural activities;
(3) Restricts land in agricultural districts to be used only for compatible statutorily permitted activities in the district and repeals the county's authority to further define accessory agricultural uses and services; and
(4) Grandfathers lawful land uses and buildings as of the date this measure is enacted.
Your Committee has amended this measure by:
(1) Clarifying that rural districts shall include open area recreational facilities including golf courses and golf driving ranges;
(2) Clarifying that other resort facilities, including hotels and resort-related commercial uses, are prohibited agricultural uses;
(3) Providing that the zoning or subdivision of land or condominium property regimes will be approved by a county or the Real Estate Commission, respectively, only if the zoning, subdivision of land, or creation of a condominium property regime is made subject to the permissible uses within agricultural districts;
(4) Deleting provisions that presume a subdivision or development is not agricultural if there is a gated entry limiting access to the general public;
(5) Deleting the provision that may rebut a presumption that a subdivision or development is not agricultural if the subdivision or development has developed and maintained an agricultural plan; and
(6) Allowing the Land Use Commission to determine the permitted uses that are compatible with the activities described in section 205-2, Hawaii Revised Statutes.
Your Committee also recognized that rural districts are also a special resource within our State, and by creating more opportunities to utilize the rural designation, citizens will look at their land not just as real estate but as a means to build communities. Thus, your Committee further amended this measure by:
(1) Allowing counties to work with the Executive Officer of the Land Use Commission to develop policy and recommend statutory amendments to the land use law and petition for district boundary amendments which would expand and enhance the use of rural districts;
(2) Convening an advisory group for redefining rural districts;
(3) Allowing counties an opportunity to identify areas of land that may be suitable for reclassification into rural land use districts; and
(4) Appropriating the necessary funds to accomplish these tasks.
Your Committee also amended this measure to make technical, nonsubstantive changes for style, clarity, and consistency.
Your Committee noted concerns that when zoning laws were created in some counties, such as Maui County, rurally zoned areas were specifically meant to exclude golf courses. However, they were contemplated to be permissible in agriculturally zoned areas, which was in compliance with state laws at the time. As mentioned above, amendments to this measure now permit golf courses and golf driving ranges in rural district lands. Thus, your Committee notes that a process may be needed to reconcile the differences that may exist between county zoning laws, community master plans, and the provisions in this measure.
As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 109, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 109, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,
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____________________________ RUSSELL S. KOKUBUN, Chair |
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