Haw. Code R. § 15-15-126

Current through September, 2024
Section 15-15-126 - Criteria for designation of lands as Important agricultural lands pursuant to county recommendation
(a) In designating important agricultural lands in the state, pursuant to the recommendations of individual counties, the commission shall consider the extent to which:
(1) The proposed lands meet the standards and criteria under section 205-44, HRS, and section 15-15-120;
(2) The proposed designation is necessary to meet the objectives and policies for important agricultural lands in sections 205-42 and 205-43, HRS; and
(3) The commission has designated lands within the county as important agricultural lands, pursuant to this subchapter.
(b) Should the commission determine that more than fifty percent of a landowners' landholdings, excluding lands held in the conservation district, are already designated as important agricultural lands, pursuant to this subchapter, the commission shall not designate any additional lands of that landowner as important agricultural lands except by a petition from the landowner pursuant to this subchapter.
(c) The designation of lands as important agricultural lands and the adoption of maps of those lands pursuant to this section shall be based upon written findings of fact and conclusions of law, and a showing by a preponderance of the evidence that the subject lands meet the standards and criteria set forth in section 15-15-120.
(d) Designation of agricultural lands as important agricultural lands under this section shall be by an affirmative vote of two-thirds of the membership to which the commission is entitled. If the petition is not approved by a vote of two-thirds majority of the commission it shalLJie deemed denied,

Haw. Code R. § 15-15-126

[Eff and comp 11/2/2013; comp 10/18/2019] (Auth:. HRS §§ 205-1, 205-7) (Imp: HRS §§ 205-47, 205-49)