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IAL policies in State law without the LUC's and <br />State's permission. Also there is no State statute <br />listing IAL land uses; and the LUC has not <br />confirmed any of the county lands IAL under the <br />County Mandatory Designation program. <br />This situation puts landowners in a confusing <br />situation. Should a landowner conclude that <br />State IAL is already in force by virtue of the 2005 <br />GP and may be further in force when the CDP is <br />approved? Would a landowner who disagrees <br />with a County IAL thus be subject to some kind <br />of statute of limitation? Is the County ready to <br />issue a binding opinion about whether a <br />particular parcel qualifies for list as State IAL <br />now? Or are the County IAL provisions intended <br />to become binding only when the State <br />completes its IAL process (even if the GP :46 <br />CDP do not specifically say so)? <br />So my suggestion is that: <br />1. The County and CDP change the LUPAG "IAL' <br />designation wording to reference a "agriculture" <br />or "Ag" designation; and <br />2. The GP should be amended and a caveat <br />should be included in the CDP that any reference <br />to "IAL" or "Important Agricultural Lands" will <br />not be binding until the entire LUC IAL process is <br />completed and a State bill is passed to define the <br />land uses for Important Agricultural Lands. (the <br />other option being to remove the IAL references <br />in the GP and CDP) IRMW <br />I also think it is not too early to start thinking <br />about how to approach the designation of IAL <br />parcels to the LUC. In the June 1 comments I <br />submitted some suggestions about what the <br />designation process might include, the criteria <br />for designating a parcel IAL, and why our parcel <br />would not qualify for IAL. A couple other <br />comments about the designation process are: <br />*there are many reasons why the Laupahoehoe <br />Homestead lands should be re -zoned Rural (vs. <br />agriculture) which is, by definition, not IAL <br />*Planning assured us at the 5-25-16 meeting <br />that not all of the current LUPAG County IAL <br />would be designated as State IAL <br />*the State IAL includes criteria that would <br />exclude many Hawaii County agricultural parcels <br />from IAL <br />the experience of both Kauai and Oahu, so far, <br />has been that less than half of the agricultural <br />zoned parcels become State IAL (leaving the <br />other parcels to be subject to the current <br />agricultural zoning) <br />*despite the concerns of some in the public <br />about losing agricultural land to housing, there is <br />actually a good balance between agriculture and <br />development: for instance, Hamakua agricultural <br />zoning is 163,193 acres (not including open and <br />no zone/government land) while various housing <br />or commercial zoning takes up 687 acres (less <br />that 1% of the total ag and development zoning). <br />Since 2006 Hamakua has gained jobs; and <br />investments in the community have grown <br />source: Hamakua Agricultural Plan. see also <br />"Can Hawaii Feed Itself" <br />(http://www.hawaiibusiness.com/can-hawaii- <br />feed-itself/) and "The Coast is Clear" <br />http://www.hawaiibusiness.com/the-coast-is- <br />clear/ <br />*The IAL designations should be for the "best <br />and most productive agriculturally zoned <br />lands... according to uniform standards and <br />criteria that are flexible, fair and acceptable." <br />source: Hamakua Agricultural Plan. (see other <br />criteria in the June 1 comments) <br />*Rural uses (small farms) are also productive <br />source: Hamakua Agricultural Plan; We are <br />HAMAKUA COMMUNITY DEVELOPMENT PLAN (CDP) I Section 3: Preferred Land Use & Settlement <br />Patterns <br />