HomeMy WebLinkAboutCOM 0221.009 2002-2004 Mf V O. MI
.I. CURTIti TYLER, Itl •..•i~, F3us: (ROR) 327-3666
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HAWAII COUNTY COm~`IIG'IL LEI ii<
COUNTY t tF HAWAII
June 12, ?003
TO: James Y. Arakaki, Chair
fi
FROM: .I. Curtis ~['yler, III. Vice Chairl~ `
RE: Bill 101, Draft3
Native Forest Dedications
At the Council's meeting of tune d, ?003, Bill 101, Drag 2 was amended to Draft 3 to reduce the
minimum acres required to be covered with intact and contiguous native forest land from five acres to
three acres. if property is three acres in size, an allowance of not more than one-quarter acre for a
homesite is being permitted. Under this circumstance, a minimum 2.75 acres of native forest land is
required.
With these amendments, I believe the purpose SECTION I must be changed because Ordinance No. 96-
~ I clearly established the five-acre native forest policy. Further, after consultation with the Real Property
hax Division, they would prefer that the amendments in SECTION 2 be simplified and straightforward.
For these reasons, 1 propose the folloti ing technical amendments:
SECTION I The purpose of this measure is /hreeJi~/d: (1~ Lo align implementation of
the native forest provisions of the real property tax code with the intent of the original law passed
in 1996. The County Council adopted Ordinance No. 96-71, with the goal of preserving and
restoring the County's watershed and ecosystems and encouraging new native forest initiatives.
The idea was to place "native forests" in the same classitication as "agriculture," thereby
allowing it to qualifi for low agriculture productivity assessments. "fhe law also established a 20-
year native forest dedication to grant a tax advantage to owners who cornmitted their properties to
the restrictive provisions of this program. In actuality_ the amendment allowed landowners to use
the lower agricultural productiv itp assessment categories on a year-to-year basis without
dedicating the land t.> native forest use similar to the tree farm program in which trees arc
grown for profit. This pear-to-year assessment militates against the long-term objectives of
native forest preservation and restoration. Accordingly, the Council finds it necessary to clarify
that the benefits for native forest program are available only under the native forest dedication;
L~ 7o aAow~or a minimum three-acre land area in order m eapynd nalire bred iniliutineg~ and
j3/ 7b permi! a homesite cl~nnt more titan one -_guur(er• acre wken the rnuerl~ i.e_ [h~•~; eAcres in
si_e thus reguiri~u rninirmm~ o ~ Z. 7J acres of native bred land ,
Page 7, Section 19-59(b)(1)(A): Any property three acres or larger within agricultural,
residential and agricultural, family agricultural, intensive agricultural. and agricultural project
districts, or open zoned districts, which is covered with at least three 3J5 intact and contiguous
acres of native forest is eligible for dedication as native forest property if it meets the
classification requirements of native forest _ _
i.,,.,. ,.E
Kona Council Uflice 77-6790 l~aluni tiircat ~ Suite IOd • Kailun-Kona ~ I I:nwi'i ~~y(~1) R48O ~ ~ ~ ~
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