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<br /> [dedieatien], and to have the value of the land assessed [its va se] in such use for a period
<br /> of ten years, or in the case of a recorded agricultural lease the term of the lease up to ten
<br /> years, provided:
<br /> (1) The land dedicated for commercial activity must be used on a continuous and regular
<br /> basis for intensive agriculture, orchards, feed crops and fast rotation forestry [or],
<br /> pasture and slow rotation forestry, or diversified agriculture and have a minimum lot
<br /> size per farm operation as determined by the minimum lot size schedule for that
<br /> dedicated category of commercial activity as provided for in the administrative rules
<br /> and regulations of the department, except where the dedication petition indicates a !
<br /> commercially viable agricultural operation on a smaller lot; [aftd]
<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 tej
<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 notrg ow 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, [qualms
<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, pineapples 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.
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