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Act 183, SLH 2005 - Relating to Important Agricultural Lands. See below for answers on following questions on Act 183. Also available in pdf format [IAL factsheet.pdf]
What are Important Agricultural Lands? "Important agricultural lands" are those lands that:
The identification and designation of Important Agricultural Lands (IAL) was first proposed at the 1978 Constitutional Convention and subsequently approved by voters in the same year. Enacted as Article XI, Section 3, of the Constitution of the State of Hawaii, the State is required to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands. How will Important Agricultural Lands be Identified? [Return to top] Lands meeting any of the criteria below shall be given consideration.
How will Important Agricultural Lands be Designated? [Return to top] Important Agricultural Lands may be designated in two ways. In the first, a farmer or landowner may file a petition for declaratory ruling with the LUC at any time beginning July 1, 2005, the effective date of the Act. The Commission shall review the petition to evaluate the qualifications of the land for designation as IAL. If 2/3rds of the Commission finds that the lands qualify for IAL designation, the Commission will issue a declaratory order designating the lands as IAL. In the second, each county shall identify and map potential important agricultural lands within its jurisdiction except lands that have been designated for urban use by the State or county. Each county shall develop an inclusive process for public involvement, including a series of public meetings, throughout the identification and mapping process. The planning departments may also establish one or more citizen advisory committees, utilize an existing process (such as general plan, development plan, and community plan), or employ appropriate existing and adopted general plan, development plan, or community plan maps. The IAL maps shall be submitted to the county council for adoption, with or without changes, by resolution. The adopted maps shall be transmitted to the LUC for further action. The LUC shall receive the county recommendations and maps no sooner than the effective date of the legislative enactment of incentive measures for important agricultural lands. The Department of Agriculture and the Office of Planning shall also receive and review copies of the county maps and recommendations and provide comments to the LUC within forty-five days of the receipt of the recommendations and maps by the Commission. In reaching its decision, the LUC shall consider information submitted by the county, declaratory orders issued in the three year period following enactment of incentives, landowner position statements and other relevant information. The LUC is precluded from designating any additional lands of a landowner as IAL if that owner already has a majority of their landholdings, exclusive of conservation lands, designated as IAL. The designation of important agricultural lands and adoption of maps submitted by the county shall take effect only after the passage of a minimum of three years following the enactment of legislation establishing incentives for important agricultural lands. Copies of the maps of important agricultural lands adopted by the LUC shall be transmitted to each county planning department and county council, the Department of Agriculture, the Agribusiness Development Corporation, the Office of Planning, and other state agencies involved in land use matters. The maps of important agricultural lands shall guide all decision-making on the proposed reclassification or rezoning of important agricultural lands, state agricultural development programs, and other state and county land use planning and decision-making. Is There Any Review Of The IAL Maps Once They Have Been Approved? [Return to top] Yes. The maps delineating important agricultural lands shall be reviewed in conjunction with the county general plan and community and development plan revision process, or at least once every ten years following the adoption of the maps by the LUC; the maps shall not be reviewed more than once every five years. In these periodic reviews or through petitions by the farmers or landowners for declaratory rulings, the IAL designation shall be removed from those important agricultural lands where the LUC has issued a declaratory order that a sufficient supply of water is no longer available to allow profitable farming of these lands due to governmental actions, acts of God, or other causes beyond the farmer's or landowner's reasonable control. Can Important Agricultural Lands be Rezoned or District Boundaries Amended? [Return to top] Yes. District boundary amendments for IAL shall be processed by the LUC. Lands less than 15 acres in rural and urban districts or in agricultural districts but not delineated as IAL may petition the county for a boundary change. Upon acceptance by the county for processing, any application for a special permit involving important agricultural lands shall be referred to the Department of Agriculture and the Office of Planning for review and comment. Any rezoning or boundary change decision by the LUC or county shall be based upon a determination that:
What About Special Permits? [Return to top] Special permits for lands greater than fifteen acres or for lands designated as important agricultural lands shall be subject to approval by the LUC. The LUC may impose additional restrictions as may be necessary. Will The Counties Receive Any Funding To Support Their Work? [Return to top] Yes. The LUC has been authorized to disburse $75,000 for fiscal year 2005-2006, for grants-in-aid to the counties for the identification and mapping of IAL. The LUC shall submit annual reports on the progress of the counties in identifying and mapping IAL to the legislature no later than twenty days before the convening of the regular sessions of 2006 through 2009. Each county shall submit its maps with recommendations for lands eligible for designation as IAL to the LUC no later than sixty months from the date of county receipt of state funds appropriated for the identification process. How will State and County Agriculture, Tax, and Land Use Policies be affected by the Act? [Return to top] Policies must:
Each county shall adopt ordinances that reduce infrastructure standards for important agricultural lands no later than the effective date of the legislative enactment of protection and incentive measures for important agricultural lands and agricultural viability. For counties without ordinances, important agricultural lands may be subdivided without county processing or standards; provided that:
What are the Incentives Mentioned in the Act? [Return to top] State and county incentive programs shall provide preference to IAL and agricultural businesses on IAL. They will support and enhance the policies described above. Incentives may include but are not limited to:
State and county agencies shall review the incentive measures at least every five years. What will the Department of Agriculture do to Assist in the Implementation of the Act? [Return to top] The DOA is directly or indirectly involved in the entire Act. Our primary responsibility is in the development of incentives. The DOA, with the assistance of the Department of Taxation, shall contract meeting facilitation and cost-benefit analysis services to develop and recommend a package of proposals for agricultural incentives. The meeting facilitators shall ensure that stakeholder discussions are inclusive and use a consistent voting procedure. The DOA shall report stakeholder findings and recommendations, including proposed legislation and recommended minimum criteria for determining when the "enactment of legislation establishing incentives and protection" has occurred no later than twenty days before the convening of the regular session of 2007. The report shall include an analysis of the impacts and benefits of its recommendations, a record of the stakeholder group's process and deliberations, and shall provide the supporting rationale for the incentives being proposed. Within one year of the adoption of maps of important agricultural lands by the LUC, all state agencies shall report to the Department of Agriculture on the impact of projects and programs on the designated important agricultural lands and sustained agricultural use of these lands. $75,000 has been appropriated for disbursement by the DOA for fiscal year 2005-2006 for the development of proposals for incentives. Funds shall not lapse until June 30, 2007. Important Agricultural Lands Implementation Timeline [Return to top]
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