Report Title:

Land Use; Agricultural District

Description:

Authorizes counties to petition land use commission to reclassify agricultural lands to allow certain preexisting residential uses to be considered permissible use.

THE SENATE	S.B. NO.	1219
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to land use.

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

     SECTION 1.  The legislature finds that there are certain existing dwellings within the agricultural district that do not meet the criteria for "farm dwellings" that are not within prime or important agricultural lands.  The legislature further finds that allowing these dwellings to become permissible uses may encourage the promotion of retaining open spaces and provide for the more efficient and economical development of infrastructure supporting these certain residences.

     The purpose of this Act is to allow the counties to petition the land use commission to reclassify certain lands containing existing residences in the agricultural district to a district in which those dwelling are a permissible use.

     SECTION 2.  (a)  Notwithstanding the agricultural district requirements of chapter 205, Hawaii Revised Statutes, to the contrary, a county may petition the land use commission to reclassify lands under the respective county's jurisdiction that:

     (1)  Are situated within an agricultural district with soil classified by the land study bureau's detailed land classification as having an overall (master) productivity rating class of other than A or B;

     (2)  Are not designated important agricultural lands; and

     (3)  Contains lots that have a dwelling situated thereon that is not in conformance with the definition of "farm dwelling", as that term is defined in section 205‑4.5(a)(4), Hawaii Revised Statutes;

to a land use district classification that would otherwise allow the type of dwelling as a permissible use within the land use district.

     (b)  When petitioning the land use commission for a land use reclassification under subsection (a), a county shall only petition for the reclassification of lands within an agricultural district that:

     (1)  Meets the criteria established under subsection (a); and

     (2)  Contains parcels of land that can be clustered within a reasonably bounded geographic area so that the remaining agricultural lands are not fragmented and remain, as reasonably possible, a contiguous tract of land in the agricultural district.

     (c)  Any lands reclassified pursuant to this Act shall maintain the minimum lot size and density requirements for the agricultural use established under chapter 205, Hawaii Revised Statutes, regardless of whether the lands subject to the petition are reclassified to a land use district classification other than agricultural.

     SECTION 3.  The land use commission, upon a finding that the requirements of this Act have been met with respect to a county's petition for land use district reclassification, shall authorize and execute the reclassification.

     SECTION 4.  Any lands redistricted pursuant to this Act shall not be subject to a subsequent redistricting pursuant to this Act.

     SECTION 5.  This Act shall take effect upon its approval and shall be repealed on January 1, 2009.

INTRODUCED BY:

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