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James E. Hustace c uN�Yrof h�h7 Council Member � Phone: (808)961-8564 District 9 james.hustace@hawaiicounty.gov North&South Kohala — r�TE HAWAPI COUNTY COUNCIL .4 r, 25 Aupuni Street Hilo,Hawaii 96720 ..4 DATE: February 10, 2025 TO: Dr. Holeka Goro Inaba, Council Chairperson and Members of the Hawaii County Council ,,l,r FROM: `'{ James E. Hustace, Council Member SUBJECT: Proposed Amendment to Bill No. 23; an Ordinance Amending Chapter 19, Article 1, Section 19-2 and Article 8, Section 19-61 of the Hawaii County Code 1983 (2016 Edition, as Amended), Relating to Short-Term Commercial Agricultural Use Dedication. Transmitted herewith is a proposed amendment to Bill No. 23. The proposed amendment is shown below in Ramseyer format with respect to the contents of Bill No. 23; material to be deleted is bracketed and stricken, and material to be inserted is underscored. SECTION 2 of Bill No. 23 is amended to read as follows: "SECTION 2. Chapter 19, article 8, section 19-61, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) 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[five] 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 five years, or in the case of a recorded agricultural lease the term of the lease up to [frve] three years,provided: (1) 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 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) 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 five years of the dedication period, except when greater fallow periods are necessary as described in the dedication petition; Comm. No. Hawai`i County Is an Equal Opportunity Provider And Employer Ref. Toe FC- Ref. Dc�,a tdl 10