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Draft Hamakua CDP Comments Submitted Online or by Email During the March 15 — June 15 2o16 Review of the Draft Hamakua CDP question are being considered for PONC acquisition to permit a park, owned by the people of Hawaii, to be protected for future generations as open space. Hopefully, the owner will agree to sell the property to the people of Hawaii, through the PONC acquisition process. Section 19-57 and 19-60 of Real Property Tax Code Can the CDP support a wide range of agricultural endeavors by supporting retention of Sections 19-57 and 19-60 of the Real Property Taxes Code (enacted 1981)? Section 19-57 provides a tax incentive for owners and lessees to retain agricultural zoning and to develop and use their land "on a continuous and regular basis" for an agricultural use. The tax incentive under Section 19-57 is only available for the parts of an agricultural zoned property that are actually used for agriculture; and includes a roll back provision if the agricultural use is discontinued. Section 19-60 of the Code also provides for a tax incentive for 10 - year dedicated agricultural use and primarily applies to larger agricultural pursuits. Section 19-57 was enacted, among other reasons, to address the reality that agricultural zoning (while typically requiring 5, 20, or more acres) actually includes many parcels that are much smaller due to the way agricultural lands were subdivided before the enactment of the Planning and Zoning Codes. Section 19-57 provides the following benefits to Hawaii Island which, in turn, justify the tax incentive: *incentivizes smaller parcels (not necessarily classified as IAL) to remain in agricultural use as opposed to being re -zoned and or used for non-agricultural purposes; *incentivizes owners of Section 19-57 land to accept the use restrictions that affect "ag" zoned parcels; *discourages agricultural lots from becoming non-contiguous by mitigating those factors in a mixed-use environment which eventually make farming non -feasible such as rising land values and conflicts of "quiet use" between residential owners and farmers (noise, use of chemicals, etc.); *promotes local food, livestock, and timber sufficiency and production for parcels that might otherwise stand fallow; *recognizes that even a small Section 19-57 "ag" operation can provide the foregoing benefits, and combined with the other non -dedicated users can provide these benefits on a significant scale in the aggregate. Participation in the Section 19-57 program is not without sacrifice and investment. Each of the participants enrolled under Section 19-57 have had to: *purchase agricultural land (in recent times at a premium) that often does not have the amenities of residential neighborhoods; *invest money to develop their agriculture including clean-up of debris and rock fields, remediation of arsenic contamination from sugar cane production, amendment of substandard soil, grading, building fences, and creating plots for agriculture; *conduct farming operations that require significant financial outlay for tools, equipment, fertilizers, supplies, etc.; Draft Hamakua CDP hamakua@hawaiicounty.gov www.hamakuacdp.info 12