Important Agricultural Lands

From dKosopedia

Categories: Hawaii | Agriculture topics | Planning in Hawaii

The identification and designation of Important Agricultural Lands (IAL) was first proposed at the 1978 Hawaii State 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. [1]

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. [2]

With the passing of Act 183, SLH 2005, the Department of Agriculture will work with the Department of Taxation and stakeholders to identify incentives for agriculture; prepare a report to the Legislature which includes recommendations and rationale for incentives and description of the process; and compile reports from state agencies on the impact of incentives. [3]

External links

• Fact Sheet -- Act 183 -- Important Agricultural Lands
• REPORT TO THE TWENTY-FOURTH STATE LEGISLATURE, STATE OF HAWAII -- FINAL REPORT ON THE INCENTIVES FOR IMPORTANT AGRICULTURAL LANDS ACT 183, SLH 2005 Hawaii State Department of Agriculture
• HFBF 2008 Legislation A list of HFBF's 2008 Legislative Proposals. Hawaii Farm Bureau.
• HB2361 2008 Hawaii State Legislature.
• Important Agricultural Lands Hawaii House Blog, February 1, 2008.