HomeMy WebLinkAboutCOM 0096.001 2024-2026 James E. Hustace c
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Council Member � Phone: (808)961-8564
District 9 james.hustace@hawaiicounty.gov
North&South Kohala —
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HAWAPI COUNTY COUNCIL
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25 Aupuni Street Hilo,Hawaii 96720
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DATE: February 10, 2025
TO: Dr. Holeka Goro Inaba, Council Chairperson
and Members of the Hawaii County Council
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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.
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(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) The land is within a County zoned district of agricultural, residential and
agricultural, family agricultural, intensive agricultural, agricultural project
district, or any other County zoned district meeting with the approval of the
director of planning."
Due to the limited scope of this proposed amendment, a copy of the new draft of the bill that
would result if it were adopted is intentionally omitted.
Thank you.
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