HAMAKUA CDP MEMO v4 - redacted - Laserfiche WebLink

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Use Commission by the County, shall only apply to County parcels when the Land Use Commission has made a final decision to include such parcels as IAL and when the LUC approves of any County policies or regulations that purport to implement the State IAL uses, policies or regulations. In the meantime all land use for agricultural parcels shall be governed by the zoning code". *A separate planning track should be launched by Hawaii County to study IAL only. *The County should create and frequently update a separate website to educate the public about the IAL process that will lead to the submittal of parcels to the LUC; and how the IAL differs from the agricultural policies and goals in the CDP and the General Plan. *How would existing development of agricultural parcels be "preserved" for agriculture and open space? And how will this policy affect the re -building of destroyed or damaged structures on parcels that are currently developed with residential homes and other non- agricultural structures? There should be a provision in the CDP that allows any loss of grandfathered non-agricultural structure to be repaired, rebuilt, and used in a pre -IAL manner in perpetuity which runs with the land. *ISSUE 3: The General Plan also adopts criteria for important agricultural lands modeled on State law that apparently refers to County (LUPAG) IAL which is supposed to be limited to "zoning". These General Plan criteria refer to State IAL which further confuses County IAL with State IAL. The General Plan use of State IAL criteria cannot be binding since there is no State IAL in the County of Hawaii except those IAL by virtue of a 205-45 Petition (if any) which also is under State jurisdiction. For instance, ■the 2005 General Plan states at page 14-8: Important Agricultural Land: Important agricultural lands are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors ■compare to State HRS 205-42 "Important agricultural lands" means those lands... that... Are capable of producing sustained high agricultural yields...." ■County: Important agricultural lands were determined by including the following lands: ■compare to State HRS 205-44 Standards and criteria for the identification of important agricultural lands ■County: Lands identified in the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system as "Prime" or "Unique". ■compare to State: HRS 205-44 c-3: Land identified under agricultural production rating systems, such as the agricultural lands of importance to the State of Hawaii (ALISH) system 26