BIL 043 Draft 03 2022-2024 - Laserfiche WebLink

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(2) The land dedicated for short-term commercial agriculture use for intensive agriculture, orchards, or diversified agriculture is fallow for no more than one out of every three years of the dedication period, except when greater fallow periods are necessary as described in the dedication petition; (3) The land dedicated for short-term commercial agricultural use for intensive agriculture, orchards, or diversified agriculture shall not grow any crops identified by the State department of agriculture as a noxious weed; and (4) The land is within a County zoned district of agricultural, residential and agricultural, familyagricultural, intensive agricultural, agricultural project district, or an other County zoned district meeting with the approval of the director of planning_ (b) Determining agricultural use value. (1) In determining the value of lands which are classified and used for short-term commercial agriculture use, consideration shall be given to rent, productivity, nature of actual commercial agricultural use, the advantage or disadvantage of factors such as location, accessibility, transportation ransportation facilities, size, shape,topography, water privileges, availability of water and its cost, easements and appurtenances, and to the opinions of persons who may be considered to have special knowledge of land values. (2) The five general agricultural categories in section 19-60 (c)(2) shall be used in determining the value of lands which are dedicated for short-term commercial agriculture use. (3) Lands classified as tree farm property pursuant to chapter 186, flawai`i Revised Statutes, shall be considered for classification and valuation as agricultural. (4) The portion of land that is not dedicated for short-term commercial agriculture use shall be assessed based on the proportional market value of the total property, (5) A farm dwelling site shall be assessed at the highest commercial agricultural use value, provided that the maximum farm dwelling site area to be assessed at the highest commercial agriculture use value shall not exceed one-fourth acre. (6) Lands dedicated for short-term commercial agricultural use shall be assessed at three times the value as lands dedicated for long-term commercial agricultural use. (c) Short-term commercial agricultural use dedication petition. (1) If any owner desires to dedicate the owner's land for a short-term commercial agricultural use and to have the land taxed at its assessed value in this use, the owner shall so petition the director of finance and declare in the petition that the land can best be used for the purpose for which the owner requests permission and that if the petition is approved the land will be used for this purpose. The director shall require evidence of short-term commercial agricultural use in such form and at such times as provided for in the administrative rules and regulations of the department. (2) The director shall prescribe the form of the petition that shall include at least one of the following: (A) A farm plan; (B) Documentation of organic certification from the U.S. Department of Agriculture; (C) A plan from the U.S. Department of Agriculture,Natural Resources Conservation Service• (D) Documentation of food safety certification from the U.S. Department of Agriculture; or 8