HAMAKUA CDP MEMO v4 - redacted - Laserfiche WebLink

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*ISSUE 1 COMMENTS: *It is worth mentioning that land use, including agricultural use, is partially addressed by State statutes that supplement or are incorporated into County zoning. An example HRS Ch 205 and 205-4.5. When the State Important Agricultural Lands program is implemented in the future that program will also constitute a land use overlay. When the LUPAG terminology is amended to change the County (LUPAG) category "IAL" to something like "Agriculture" a provision should be included in the CDP that the new designation does not include land use currently regulated by the State. *Will the information in the hand out and the discussion be incorporated into the CDP? If it is true that County (LUPAG) IAL only means "current applicable agricultural zoning" that should be included in the CDP. *The LUPAG IAL designation should be changed: I would favor using "Agricultural" rather than "Agricultural Lands". The word "Lands" will still tend to be confused with State IAL. The other designations do not say "Rural Lands", or "Urban Lands". *Another hand out distributed by Planning at the 5-25-16 meeting quotes HRS 205-2 "Development on agricultural land is limited to agriculture [and other farm uses], open area and recreational use". HRS 205-2 does not have such a provision. *The 2005 General Plan includes a reference at page 270 using the term "Important Agricultural Lands" which was previously called "Intensive Agriculture". Apparently that is a way to identify "agricultural lands are those with better potential for sustained high agricultural yields". There is nothing wrong with trying to identify the better agricultural lands on Hawaii Island. But such studies should be called something else than Important Agricultural Lands which is actually a State designation. The term Important Agricultural Lands and the abbreviation IAL should not be used in the CDP or General Plan until the process of identifying and finalizing the IAL designations at the LUC level is completed. *ISSUE 2: ■Although land use matters on Hawaii Island are not directly subject to State IAL (until the IAL lists are submitted to and approved by the Land Use Commission), there are parts of the CDP that incorporate State IAL concepts and policies (and some that refer to "IAL") which, if approved by the County Council, will become County law. ■If this happens the CDP concepts and policies would be a exception to the statement that "County (LUPAG) IAL only means current applicable agricultural zoning"; ■and the CDP IAL policies would usurp State jurisdiction at a time that no lists of IAL parcels would have been submitted to and approved by the Land Use Commission (and at a time, therefore, that there would not be Hawaii County IAL parcels). (an exception being parcels that are IAL by virtue of a HRS 205-45 Petition... which would be solely under the jurisdiction of the State LUC in any event) 24