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Mf V O. MI <br /> <br /> .I. CURTIti TYLER, Itl •..•i~, F3us: (ROR) 327-3666 <br /> r,<~-~ i,a,~ ~ : hd~~~ Fax: (ROS) 326-697 <br /> 14 vtru 9.S I Anrrh Aan,u eh I cnn i nterpac nei <br /> • • 13 R(~ 10 55 <br /> HAWAII COUNTY COm~`IIG'IL LEI ii< <br /> COUNTY t tF HAWAII <br /> <br /> June 12, ?003 <br /> TO: James Y. Arakaki, Chair <br /> fi <br /> FROM: .I. Curtis ~['yler, III. Vice Chairl~ ` <br /> RE: Bill 101, Draft3 <br /> Native Forest Dedications <br /> At the Council's meeting of tune d, ?003, Bill 101, Drag 2 was amended to Draft 3 to reduce the <br /> minimum acres required to be covered with intact and contiguous native forest land from five acres to <br /> <br /> three acres. if property is three acres in size, an allowance of not more than one-quarter acre for a <br /> homesite is being permitted. Under this circumstance, a minimum 2.75 acres of native forest land is <br /> required. <br /> With these amendments, I believe the purpose SECTION I must be changed because Ordinance No. 96- <br /> ~ I clearly established the five-acre native forest policy. Further, after consultation with the Real Property <br /> hax Division, they would prefer that the amendments in SECTION 2 be simplified and straightforward. <br /> For these reasons, 1 propose the folloti ing technical amendments: <br /> SECTION I The purpose of this measure is /hreeJi~/d: (1~ Lo align implementation of <br /> the native forest provisions of the real property tax code with the intent of the original law passed <br /> in 1996. The County Council adopted Ordinance No. 96-71, with the goal of preserving and <br /> restoring the County's watershed and ecosystems and encouraging new native forest initiatives. <br /> The idea was to place "native forests" in the same classitication as "agriculture," thereby <br /> allowing it to qualifi for low agriculture productivity assessments. "fhe law also established a 20- <br /> year native forest dedication to grant a tax advantage to owners who cornmitted their properties to <br /> the restrictive provisions of this program. In actuality_ the amendment allowed landowners to use <br /> the lower agricultural productiv itp assessment categories on a year-to-year basis without <br /> dedicating the land t.> native forest use similar to the tree farm program in which trees arc <br /> grown for profit. This pear-to-year assessment militates against the long-term objectives of <br /> native forest preservation and restoration. Accordingly, the Council finds it necessary to clarify <br /> that the benefits for native forest program are available only under the native forest dedication; <br /> L~ 7o aAow~or a minimum three-acre land area in order m eapynd nalire bred iniliutineg~ and <br /> j3/ 7b permi! a homesite cl~nnt more titan one -_guur(er• acre wken the rnuerl~ i.e_ [h~•~; eAcres in <br /> si_e thus reguiri~u rninirmm~ o ~ Z. 7J acres of native bred land , <br /> Page 7, Section 19-59(b)(1)(A): Any property three acres or larger within agricultural, <br /> residential and agricultural, family agricultural, intensive agricultural. and agricultural project <br /> districts, or open zoned districts, which is covered with at least three 3J5 intact and contiguous <br /> acres of native forest is eligible for dedication as native forest property if it meets the <br /> classification requirements of native forest _ _ <br /> i.,,.,. ,.E <br /> Kona Council Uflice 77-6790 l~aluni tiircat ~ Suite IOd • Kailun-Kona ~ I I:nwi'i ~~y(~1) R48O ~ ~ ~ ~ <br /> Ref. T~ ~ ' <br /> Ref. Date <br /> <br />