BIL 101 Draft 03 2002-2004 - Laserfiche WebLink

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(C) The native forest assessment is available only for parcels which are covered with at least five intact and contiguous acres of native forest. (3) In determining the value of lands which are classified native forest, the director shall assign the value of the lowest agricultural use category that the land could qualify for if it were to be put into agricultural use.] SECTION 4. Chapter 19, article 7, section 19-58.1, subsection (b), is amended to read as follows: (b) Any owner of property who qualifies under sections 19-71 and 19-72 for home exemption and uses the property exclusively for residential use may dedicate said property in its entirety to nonspeculative residential use and have that parcel assessed in the manner provided by section 19-58.2, except that a husband and wife, although living separate and apart, shall be entitled to dedicate only one parcel to the nonspeculative residential use. Exclusive residential use as used in this section shall not permit the owner to conduct any commercial activities on the property. Those owners who have dedicated their property to agricultural use or receive the benefit of the agricultural use or native forest [assessment] dedication shall not be eligible for this nonspeculative residential use dedication. SECTION 5. Chapter 19, article 7, section 19-58.4, of the Hawaii County Code 1983 (1995 edition), is repealed. [Section 19-58.4. Native forest dedication. Any property five acres or larger within agricultural, intensive agricultural, open or unplanned zoned districts, which is covered with at least five intact and contiguous acres of native forest is eligible for dedication as native forest property if it meets the classification requirements of native forest as established by the director of finance. "Native forests" means lands which have sixty percent or greater native species forest cover. Native species are defined as those indigenous to the Hawaiian islands. Indigenous in this context shall mean plants that became established or evolved in the Hawaiian islands without the aid of human beings. The forest cover requirement may be met by native species in either the tree layer or the understory layer, or a combination of the two; provided a minimum twenty-five percent of the forest cover shall contain tree cover. Land taxed as native forest shall be maintained according to sound land management practices such that soil erosion is minimized, foreign species are controlled, and the watershed is protected. (a) An owner who desires to dedicate the land for native forest preservation for a period of twenty years shall petition the director of finance and demonstrate in the petition that the land qualifies as native forest as provided herein. The term "owner" includes lessees of 4