HomeMy WebLinkAboutCOM 0217.009 2022-2024 i
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111ieheCCe M. Galimbaa+`' Phone: (808)323-4277
Council District 6Cella (808)430-4927
Portion N. S. KonalKa`ir lVolcano Fax: (808)329-4786
_ Email.
Michelle.Galimba@t hawaiieounty.gov
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HAWAII COUNTY COUNCIL u
County of Hawai`i _C'
West Hawai`i Civic Center, Bldg.A ,
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai Y 96740 =
DATE: June 30, 2023
TO: Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
FROM: Michelle Galimba, Council Member
Council District 6
SUBJECT: Proposed Amendment to Bill No. 43, Draft 3; An Ordinance Amending Chapter
19, Articles 1 and 8, of the Hawaii County Code 1983 (2016 Edition, as
Amended), Relating to Commercial Agricultural Use Dedication for Real
Property Taxes.
Attached please find proposed amendments to Bill No. 43, Draft 3, an Ordinance Amending
Chapter 19, Articles 1 and 8, of the Hawaii County Code 1983 (2016 Edition, as Amended),
Relating to Commercial Agricultural Use Dedication for Real Property Taxes. The proposed
amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 43,
Draft 3. Material to be deleted is bracketed and stricken, and material to be added is underscored.
1. SECTION 6 of Bill No. 43, draft 3 is amended by amending subsection 19-_(a), (located
on pages 7-8 of the bill) to read as follows:
"(a) A special land reserve is established to enable the owner of any parcel of land, or
lessee of a recorded agricultural lease with a minimum of three years remaining on
the lease at time of petition, to dedicate the land for a specific short-term commercial
agricultural use, and to have the value of the land assessed in such use for a period of
three years, or in the case of a recorded agricultural lease the term of the lease up to
three years, provided:
(1) The total combined period of dedication for short-term commercial
agricultural use shall not exceed three consecutive three year terms
The land dedicated for commercial activity must be used on a continuous
and regular basis for intensive agriculture, orchards, feed crops and fast
rotation forestry,pasture and slow rotation forestry, or diversified
agriculture and have a minimum lot size per farm operation as determined
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by the minimum lot size schedule for that dedicated category of commercial
activity as provided for in the administrative rules and regulations of the
department, except where the dedication petition indicates a commercially
viable agricultural operation on a smaller lot;
[(2)](j The land dedicated for short-term commercial agriculture use for intensive
agriculture, orchards, or diversified agriculture is fallow for no more than
one out of every three years of the dedication period, except when greater
fallow periods are necessary as described in the dedication petition;
[{3}] The land dedicated for short-term commercial agricultural use for intensive
agriculture, orchards, or diversified agriculture shall not grow any crops
identified by the State department of agriculture as a noxious weed; and
[(4)](5� The land is within a County zoned district of agricultural, residential and
agricultural, family agricultural, intensive agricultural, agricultural project
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district, or any other County zoned district meeting with the approval of the
director of planning."
2. SECTION 6 of Bill No. 43, draft 3 is amended by amending subsection 19-_(b), (located
on page 8 of the bill) to read as follows:
"(b) Determining agricultural use value.
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(1) In determining the value of lands which are classified and used for short-term
commercial agriculture use, consideration shall be given to rent,productivity,
nature of actual commercial agricultural use, the advantage or disadvantage of
factors such as location, accessibility, transportation facilities, size, shape,
topography, water privileges, availability of water and its cost, easements and
appurtenances, and to the opinions of persons who may be considered to have
special knowledge of land values.
(2) The five general agricultural categories in section 19-60(c)(2) shall be used in
determining the value of lands which are dedicated for short-term commercial
agriculture use.
(3) Lands classified as tree farm property pursuant to chapter 186, Hawaii Revised
Statutes, shall be considered for classification and valuation as agricultural.
(4) The portion of land that is not dedicated for short-term commercial agriculture
use shall be assessed based on the proportional market value of the total
property.
(5) A farm dwelling site shall be assessed at the highest commercial agricultural use
value, provided that the maximum farm dwelling site area to be assessed at the
highest commercial agriculture use value shall not exceed one-fourth acre.
(6) Lands dedicated for short-term commercial agricultural use shall be assessed at
[three] two times the value [as] of lands dedicated for long-term commercial
agricultural use."
Due to the limited scope of these amendments, a copy of the revised draft of this bill that would
result if these proposed amendments are approved is not attached.
Thank you.
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