Report Title:

Agriculture; Land Protection

Description:

Protects agricultural classified land from rezoning if the land produces at least $1,000,000 in gross income annually.

HOUSE OF REPRESENTATIVES	H.B. NO.	2316
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO AGRICULTURE.

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

     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-  Agricultural land protection. (a)  Notwithstanding any other law to the contrary, all land classified as agricultural under section 205-2 shall not be reclassified, rezoned, or amended; provided that the following criteria apply to the land:

(1) The primary use of the land is agricultural;

(2) The occupation of the owner or lessor of the land is a farmer on that land; and

(3) The agriculturally related annual gross income produced from the land is at least $1,000,000.

For the purposes of this section, the term "farmer" means a person of proven farming ability, as determined by the department of agriculture pursuant to rule, who operates a farm on land owned or leased by the person and devotes at least ninety per cent of the person's time farming land subject to this section.

(b)  The department of agriculture shall administer this section.  The department of agriculture and the land use commission may adopt rules pursuant to chapter 91 to effectuate this section."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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