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HAMAKUA CDP MEMO v4 - redacted
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HAMAKUA CDP MEMO v4 - redacted
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6/22/2016 2:08:47 PM
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Slide 1) rather than doing a study (which could result in the County LUPAG being sent <br />wholesale to the LUC: although Planning told the 5-25 audience that not all IAL parcels would <br />be sent to the LUC). It is not known what kind of notice and due process owners of Hawaii <br />Island parcels on the list may be granted (including having input on the parcel selection criteria <br />or the benefit of a study like Kauai did). Once a parcel is on the State IAL list for the LUC, a <br />parcel owner may lose property value (see HRS 205-43 "county ... land use plans, [and] <br />ordinances... shall be consistent with and implement... policies .... (3) Direct <br />nonagricultural ... from important agricultural lands .... (4) Limit physical improvements on <br />important agricultural lands to MAINTAIN AFFORDABILITY OF THESE LANDS......). Once on the <br />IAL list owners will be subject to multiple hardships: restrictions on the right to build and <br />occupy houses; prohibitions on additional uses; uncertainty about being able to rebuild <br />destroyed or damaged structures including homes, etc. Once a parcel is on the State list it will <br />take the permission of the LUC to get off the list (a lengthy and expensive procedure) <br />*House Bill 1361/2014 session did not pass but gives a glance at what State IAL regulations <br />would look like once the State IAL is determined by the LUC; https://Iegiscan.com/HI/text/HB1361/id/919216; <br />"SECTION 1. To date, the land use commission has designated 89,859 acres of agricultural <br />lands as important agricultural lands .... [currently ... 20141 the law does not limit the uses and <br />activities that are permitted on important agricultural lands. Consequently, it appears that all <br />of the uses and activities permitted on agricultural lands, generally, are also permitted on <br />important agricultural lands .... The purpose of this Act is to identify permissible and accessory <br />uses and activities on lands designated as important agricultural lands. <br />SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended.... §205- (a) Permissible uses <br />within designated important agricultural lands. (1) Cultivation of crops.... (2) [Game and <br />fish propagation]; (3) Raising of livestock (4) Farm dwellings, farm labor, or farm employee <br />housing .... (other agriculture) (b) Uses not expressly permitted in subsection (a) shall be <br />prohibited, except non -conforming.... no subdivision or establishment of a condominium <br />property regime on designated important agricultural lands shall be approved by the State or <br />counties.... <br />
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