Report Title:

Agricultural Lands Used for Rural Purposes; Reclassification

Description:

Provides for a one-time reclassification to rural, of lands within the agricultural district that are primarily being used for residential purposes and consist of lots less than an acre in size that are not permitted pursuant to section 205-5(b).

HOUSE OF REPRESENTATIVES

H.B. NO.

124

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AGRICULTURAL LANDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that there are approximately one million nine hundred thousand acres in the agricultural land use district, one million nine hundred thousand acres in the conservation district, and two hundred fifty thousand acres in the urban district. However, only twelve thousand acres of lands in Hawaii are classified as rural. Further, a significant acreage of lands classified as agricultural consist of lots smaller than one acre that are primarily used for residential purposes. The legislature finds that this use should continue, and that there should be a one-time reclassification of these lands to rural.

The purpose of this Act is to provide for a one-time reclassification of agricultural lands that:

(1) Consist of lots less than an acre in size that are not permitted pursuant to section 205-5(b), Hawaii Revised Statutes; and

(2) Are currently and actively being used primarily for residential purposes.

SECTION 2. In undertaking its next periodic review of the classification and districting of all lands in the state pursuant to section 205-18, HRS, the office of planning shall also identify lands in the agricultural land use district that:

(1) Consist of lots less than an acre in size that are not permitted pursuant to section 205-5(b), Hawaii Revised Statutes; and

(2) Are currently and actively being used primarily for residential purposes.

Upon identifying these lands, the office of planning shall petition the appropriate county or state land use decision-making authority to reclassify the lands from the agricultural district to the rural district. Notwithstanding any provision of chapter 205, HRS, or other state or county law to the contrary, if the state or county land use decision-making authority finds that the lands identified in the petition meet the criteria set forth in this section, those lands shall be reclassified from the agricultural land use district to the rural land use district.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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