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and regulations of the department, except where the dedication petition indicates a
<br /> commercially viable agricultural operation on a smaller lot; [and]
<br /> (2) The land dedicated for long-term commercial agriculture use for intensive agriculture,
<br /> orchards, or diversified agriculture is fallow for no more than three out of every ten
<br /> years of the dedication period, except when greater fallow periods are necessary as
<br /> described in the dedication petition;
<br /> (3) The land dedicated for long-term commercial agricultural use for intensive
<br /> agriculture, orchards, or diversified agriculture shall not grow any crops identified by
<br /> the State department of agriculture as a noxious weed; and
<br /> [(2)](4) The land is within [the]a County zoned district of agricultural, residential and
<br /> agricultural, family agricultural, intensive agricultural, agricultural project district, or
<br /> any other County zoned district meeting with the approval of the director of planning.
<br /> (b) The owner of land under the twenty-year agricultural dedication at July 1, 2003 may
<br /> continue to be assessed at fifty percent of its agricultural use value and shall be subject to
<br /> the conditions and provisions of the effective long-term commercial agricultural use
<br /> dedication.
<br /> (c) Determining agricultural use value.
<br /> (1) In determining the value of lands which are classified and used for long-term
<br /> commercial agriculture use, consideration shall be given to rent, productivity, nature
<br /> of actual commercial agricultural use,the advantage or disadvantage of factors such
<br /> as location, accessibility,transportation facilities, size, shape,topography, [quality of
<br /> soil,] water privileges, availability of water and its cost, easements and
<br /> appurtenances, and to the opinions of persons who may be considered to have special
<br /> knowledge of land values.
<br /> (2) [Fear] Five general agricultural categories shall be used in determining the value of
<br /> lands which are dedicated for long-term commercial agriculture use:
<br /> (A) "Intensive agriculture,"which includes such crops as vegetables, ginger, taro,
<br /> herbs, nurseries, foliage, cut and potted flowers,piggeries, dairy, poultry,
<br /> feedlots, aquaculture, and honey and honeybees.
<br /> (B) "Orchards," which includes such crops as macadamia nuts, guava, banana,
<br /> papaya, avocado, grapes, passion fruit, coffee, citrus, cacao,pineapple.,and
<br /> tropical specialty fruits.
<br /> (C) "Feed crops and fast rotation forestry,"which includes forage crops, seed crops,
<br /> cane, short rotation forestry, biomass, grasses, etc.
<br /> (D) "Pasture and slow rotation forestry,"which includes pasture and longer rated
<br /> forestry.
<br /> (E) "Diversified agriculture,"which includes a blend of intensive agriculture and
<br /> orchards.
<br /> (3) Lands classified as tree farm property pursuant to chapter 186, Hawai`i Revised
<br /> Statutes, shall be considered for classification and valuation as agricultural.
<br /> (4) The portion of land that is not dedicated for long-term commercial agriculture use
<br /> shall be assessed based on the proportional market value of the total property.
<br /> (5) A farm dwelling site shall be assessed at the highest commercial agricultural use
<br /> value,provided that the maximum farm dwelling site area to be assessed at the
<br /> highest commercial agriculture use value shall not exceed one-fourth acre.
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