HB1901 HD1

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Permissible uses, infrastructure standards, and service levels for the state urban, rural, and agricultural land use districts. Each county shall establish by ordinance the permitted uses, standards required for infrastructure systems, and levels of service for county services for lands within the urban, rural, and agricultural districts as classified pursuant to chapter 205. The ordinances shall conform to the policies, uses, standards, and restrictions set forth in chapter 205 for the use, subdivision, or development of land in each district and for land designated as important agricultural land pursuant to chapter 205; provided that the county may adopt ordinances that are more restrictive than the provisions in chapter 205 with respect to the maximum density and minimum lot size in the rural or agricultural districts, and the permissible uses in the agricultural district."

SECTION 2. Chapter 205, Hawaii Revises Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205-A Regional district boundary amendments. (a) The commission on its own initiative, the county by petition submitted to the commission, or the office of planning pursuant to section 205-18, may propose regional district boundary amendments to reclassify lands qualifying under section 205-2(a)(2) as rural lands.

(b) At least one public hearing shall be held in the county in which the regional district boundary amendment is being proposed prior to the final adoption of the district boundaries. The district classification maps shall be prepared by the commission prior to the public hearing. Notice of the hearing shall be given as provided in section 205-4.

(c) Interested landowners, lessees, officials, agencies, and individuals may appear at the public hearing to be heard. They shall further be allowed at least fifteen days following the final public hearing to file with the commission a written protest or other comments or recommendations. The district boundaries shall be adopted in final form not more than ninety days nor less than forty-five days after the last public hearing of the commission. The commission shall prepare and submit to the county and the office of planning copies of the classification maps showing the district boundaries adopted in final form.

§205-B Reclassification of certain agricultural lands. (a) Any landowner who has designated agricultural lands as important agricultural lands pursuant to part III may petition the commission for reclassification of agricultural land meeting the criteria in section 205-2(a)(2) as rural land. The petition shall be for the reclassification of an area of land not more than ten per cent of the area of land designated as important agricultural lands; provided that the land designated as important agricultural lands be for a period not less than fifty years. Should any piece of the land designated as important agricultural lands be reclassified, the reclassification of lands into rural shall be automatically reverted back into agriculture land designation.

(b) If the commission determines that the land meets the criteria in section 205-2(a)(2), it shall prepare and submit to the county and the office of planning copies of the classification maps showing the boundaries adopted in final form."

SECTION 3. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§205-C Uses on and subdivision of lands designated as important agricultural lands. (a) All lands designated as important agricultural lands shall be restricted to the following permitted uses:

(1) Cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, fiber, and timber;

(2) Game and fish propagation;

(3) Raising of livestock, including but not limited to poultry, bees, fish, or other animal or aquatic life that are propagated for commercial or subsistence farming purposes;

(4) Public institutions and buildings that are necessary for agricultural practices;

(5) Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures;

(6) Retention, restoration, rehabilitation, or improvements of sites of historic or cultural importance;

(7) Roadside stands for the sale of agricultural products grown on the premises and by agricultural producers in the region;

(8) Buildings and uses, including but not limited to mills, storage, and processing facilities, maintenance facilities, and vehicle and equipment storage areas that directly support and are accessory to the agricultural operations and activities permitted in this section;

(9) Agricultural parks;

(10) Agricultural tourism, conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; or

(11) Bio-fuels processing facilities; provided that the majority of the feedstock is grown within the state as determined by the department of agriculture and after an initial and non-renewable three-year period commencing upon final approval to operate such facilities to allow the importation of feedstock and fuels, and alternative energy generating facilities, including the appurtenances associated with the production and transmission of alternative generated energy; and provided further that such facilities and appurtenances are compatible with agricultural uses and cause minimal adverse impact on important agricultural lands;

(12) Agricultural worker housing; provided:

(A) The land used for agricultural worker housing shall not exceed the lesser of two per cent of the total land area of the lot or per cent of the gross lot area;

(B) The agricultural worker housing shall be rented solely to the agricultural workers working on the lot and their families;

(C) The agricultural worker housing shall be built in cluster fashion; provided that the cluster shall not break up contiguous blocks of land designated important agricultural land and infrastructure improvements shall be restricted to the minimum required to meet public health and safety standards; and

(D) The agricultural worker housing shall not be counted toward the maximum density of one dwelling unit per fifty acres;

(13) Farm dwellings related to farming and animal husbandry. "Farm dwelling" as used in this paragraph means a single-family dwelling located on and used in connection with a farm where agricultural activity provides income to the family occupying the dwelling; provided that:

(A) The maximum density shall be one farm dwelling per fifty acres;

(B) Only one farm dwelling on not more than one acre of land area shall be permitted for the sole use of the landowner or child of the landowner or for the use of a lessee on leased land that is used by the lessee as a working farm or a farming operation, as defined in section 165-2; provided further that if a lot designated important agricultural land is less than fifty acres when designated important agricultural land, one farm dwelling shall be permitted on that lot; and

(b) Uses not expressly permitted in subsection (a) shall be prohibited, except the uses permitted as provided in section 205-8, and construction of single-family dwellings on lots existing before June 4, 1976. No other uses shall be allowed by special permit on important agricultural lands.

(c) Notwithstanding any other law to the contrary, the subdivision of land designated as important agricultural lands shall conform to the restrictions contained in this section and section 205-4.5. Any deed, lease, agreement of sale, mortgage, agricultural easement, or other instrument of conveyance covering any land within the subdivision of lands designated important agricultural lands shall expressly contain the restrictions on uses and the conditions contained in this section and the restrictions and conditions shall be encumbrances running with the land until such time that the land is no longer designated as important agricultural lands."

SECTION 4. Section 46-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The mayor of each county, after holding a public hearing on the matter and receiving the approval of the respective council, shall be empowered to designate areas of land for experimental and demonstration housing projects, the purposes of which are to research and develop ideas that would reduce the cost of housing in the State. Except as hereinafter provided, the experimental and demonstration housing projects shall be exempt from all statutes, ordinances, charter provisions, and rules or regulations of any governmental agency or public utility relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction and sale of homes thereon; provided that the experimental and demonstration housing projects shall not affect the safety standards or tariffs approved by the public utility [~~commissions~~] commission for such public utility.

The mayor of each county with the approval of the respective council may designate a county agency or official who shall have the power to review all plans and specifications for the subdivisions, development and improvement of the land involved, and the construction and sale of homes thereon. The county agency or official shall have the power to approve or disapprove or to make modifications to all or any portion of the plans and specifications.

The county agency or official shall submit preliminary plans and specifications to the legislative body of the respective county for its approval or disapproval. The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the approved preliminary plans and specifications. The final plans and specifications shall constitute the standards for the particular project.

No action shall be prosecuted or maintained against any county, its officials of employees, on account of actions taken in reviewing, approving, or disapproving such plans and specifications.

Any experimental or demonstration housing project for the purposes hereinabove mentioned may be sponsored by any state or county agency or any persons defined in section 1-19.

The county agency or official shall apply to the state land use commission for an appropriate land use district classification change, except where the proposed project is located on land within an urban or rural district established by the state land use commission. Notwithstanding any law, rule, or regulation to the contrary, the state land use commission may approve the application at any time after a public hearing held in the county where the land is located upon notice of the time and place of the hearing being published in the same manner as the notice required for a public hearing by the planning commission of the appropriate county."

SECTION 5. Section 205-2, Hawaii Revised Statutes, is amended to read as follows:

"§205-2 Districting and classification of lands. (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 commission 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:

(1) In the establishment of boundaries of urban districts, those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included;

(2) In the establishment of boundaries for rural districts, areas of land composed primarily of small farms mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be included, except as herein provided; provided further that the land use commission shall give consideration to:

(A) Contiguous land areas with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U, not included in the agricultural district by the land use commission by January 1, 2009;

(B) Agricultural lands with residential subdivisions existing before January 1, 2007;

(C) Areas not suited to agricultural and ancillary activities by reason of topography and other related characteristics; and

(D) Areas suitable to other uses requiring limited physical infrastructure development and services, including low density residential uses, outdoor recreational uses, and passive open space uses.

Rural districts may also include compact, small mixed use rural towns and service centers;

(3) In the establishment of the boundaries of agricultural districts, the greatest possible protection shall be given to those lands with a high capacity for intensive cultivation[~~; and~~], including:

(A) Lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B; and

(B) Lands in active agricultural production on January 1, 2007, with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U; and

(4) In the establishment of the boundaries of conservation districts, the greatest possible protection shall be given to valuable natural resources, including but not limited to:

(A) Watersheds and water sources;

(B) Indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered;

(D) Shoreline and coastal resources;

(E) Native forests and other forested areas;

(F) Wetlands, natural streams, and lakes;

(G) Scenic, historic, archaeological, and cultural areas; and

(H) Recreational resources and areas highly susceptible to erosion, landslides, flooding, volcanic hazards, and other conditions which may threaten lives or property.

The "forest and water reserve zones" provided in Act 234, section 2, Session Laws of Hawaii 1957, are renamed "conservation districts" and, effective as of July 11, 1961, the boundaries of the forest and water reserve zones theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute the boundaries of the conservation districts; provided that thereafter the power to determine the boundaries of the conservation districts shall be in the commission.

In establishing the boundaries of the districts in each county, the commission shall give consideration to the [~~master plan or~~] general plan [of] or community and development plans adopted by the county.

(b) Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated.

(c) Rural districts shall include [activities or uses as characterized by 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. Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities.]:

(1) Small agricultural or farming operations;

(2) Public institutions and buildings;

(3) Public and private open area types of recreational uses, including campgrounds, picnic grounds, overnight camps, parks, riding stables, golf courses, golf driving ranges, golf-related facilities and country clubs;

(4) Educational institutions;

(5) Public utilities;

(6) Small mixed use retail and commercial facilities; and

(7) Low density residential uses, including cluster housing developments;

provided that the permissible uses described in this subsection may be further defined by each county by zoning ordinance.

(d) Agricultural districts shall include:

(1) All lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B;

(2) Important agricultural lands designated pursuant to part III;

(3) Lands classified by the land use commission as agricultural by January 1, 2009, with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U;

[~~(1)~~] (4) Activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry;

[~~(2)~~] (5) Farming activities or uses related to animal husbandry, and game and fish propagation;

[~~(3)]~~ (6) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;

[~~(4)~~] (7) Wind generated energy production for public, private, and commercial use;

[~~(5)~~] (8) Bona fide agricultural services and uses that 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, roadside stands for the sale of products grown on the premises, and plantation community subdivisions as defined in section 205-4.5(a)(12);

[~~(6)~~] (9) Wind machines and wind farms;

[~~(7)~~] (10) 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 these facilities shall not be used as or equipped for use as living quarters or dwellings;

[~~(8)~~] (11) Agricultural parks; and

[~~(9)~~] (12) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165‑2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5[~~; and~~

~~(10) Open area recreational facilities~~].

Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205‑4.5(d).

Lands designated as important agricultural lands pursuant to part III shall be used for the permissible uses specified in section 205-C. Agricultural districts may include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics.

(e) Conservation districts shall include areas necessary [~~for protecting~~] to:

(1) Protect watersheds and water sources; [~~preserving~~]

(2) Preserve scenic and historic areas; [~~providing~~]

(3) Provide park lands, wilderness, and beach reserves; [~~conserving~~]

(4) Conserve indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered; [~~preventing~~]

(5) Prevent floods and soil erosion;

(6) Provide forestry;

(7) Retain open space areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding communities, or would maintain or enhance the conservation of natural or scenic resources;

(8) Provide areas of value for recreational purposes;

other related activities; and other permitted uses not detrimental to a multiple use conservation concept."

SECTION 6. In codifying the new sections added by sections 2 and 3 and referenced in section 5 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	1901
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII