HomeMy WebLinkAboutBIL 178 Draft 01 2018-2020COUNTY OF HAWAII
STATE OF HAWAII
ORDINANCE NO.
BILL NO. 178
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 8, SECTION 19-59, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
NATIVE FOREST DEDICATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to create three native forest
categories: native forests, functional forests, and successional forests. This ordinance will also
establish a dedication process for forest preservation and forest restoration.
SECTION 2. Chapter 19, article 8, section 19-59, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended to read as follows:
"Section 19-59. Native forest dedications.
(a) Native forest categories.
[(a)] LD "Native forests" means lands which have sixty percent -or greater native species forest
cover.
[0}](A) Native species are defined as those species that are either endemic or indigenous
to the Hawaiian islands. [Ladigeneus] Native species in this context shall mean
plants that became established or evolved in the Hawaiian islands without the aid
of human beings.
[�](M The forest cover requirement may be met by native species in either the tree layer
or the understory layer, or a combination of the two; provided a minimum
twenty-five percent of the forest cover shall contain tree cover.
(2) "Functional forests" means lands which have sixty percent or greater native species forest
cover combined with non-native/non-invasive species forest cover.
(A) Non-native/non-invasive species are defined as those species that are not native
to the Hawaiian islands, having arrived with human help, which do not invade or
overtake native species habitat and have a Hawaii -Pacific Weed Risk
Assessment score of six or less, with seven or more being a designation of high
risk. Exceptions to the score must be justified in the forest management plan or
forest restoration plan.
(B) The forest cover requirement may be met by native species and non-native/non-
invasive species in either the tree laver or the understor�layer, or a combination
of the two; provided a minimum twenty percent of the forest cover shall
contain tree cover and a minimum of half of the forest cover shall contain native
species.
3) "Successional forests" means lands which have new lava substrates currently unsuitable
for cultivation such that soil depths and/or organic matter are less than 10 cm.
(A) Successional forests are lava flows in the earliest stages of becoming forested
land and which would not currently meet the native forest or functional forest
requirements.
(B) Successional forest lands must be maintained to promote either a native forest or
functional forest development.
(b) ;,.ia&vo forest] Forest dedication process.
(1) Forest preservation.
An owner who desires to dedicate the land for native forest or functional forest
preservation [for- ^ pefied of twenty ye r^] shall petition the director [^f fir^^^^ ^demenstfate in the petifien that the !and qualifies as native forest as pfevided herein.],
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followingthe he requirements of the administrative rules and regulations, to dedicate the
land for a period of twenty years. The forest preservation plan must demonstrate that the
land qualifies as a native forest or functional forest dedication as provided herein at the
be ig nnin of the dedication period. The term "owner" includes lessees of real property
whose term extends at least twenty years from the effective date of the dedication.
(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 ei:e includes at least 2.75
intact and contiguous acres of native forest or functional forest is eligible for
dedication as native forest or functional forest property if it meets the
classification requirements [efitat — f r^^+.] as provided herein.
(B) The petition shall be filed with the director [of e] by September 1 of any
calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following tax year.
(C) The director [^] shall determine whether or not land qualifies as native
forest or functional forest by using current natural resource or vegetation maps
or other acceptable evidence. Other acceptable evidence includes, but is not
limited to:
(i) A written affidavit by a recognized professional in the field of natural
resources, or
(ii) A finding by a County, State or Federal agency or department with the
relevant expertise in the field of natural resources.
If the director's findings are favorable, the petition shall be approved and the
land shall be declared dedicated. Approval of the petition to dedicate shall
constitute a forfeiture on the part of the owner of any right to change the use of
the land to a use other than preservation for a minimum period of twenty years.
In order to place prospective buyers on notice of the rollback tax liability, the
[ewer] director shall, within sixty days of notice of approval, record the
dedication in accordance with the procedures of the bureau of conveyances.
(2) Forest restoration.
If a property does not qualify as a native forest or functional forest, an owner may petition
the director, following the requirements of the administrative rules and regulations, to
dedicate the land for a period of twenty years for a native forest or functional forest or
fifty years for a successional forest through a forest restoration plan. The forest
restoration plan must demonstrate that the land will qualify as a native forest, functional
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forest, or continue to qualify as a successional forest as provided herein by the end of the
dedication period. The term "owner" includes lessees of real property whose term extends
at least twenty years from the effective date of the dedication for native forest and
functional forest dedications and fifty years for successional forest dedications.
(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 includes at least 2.75 intact and
contiguous acres in the forest restoration plan is eligible for dedication if the
forest restoration plan achieves the classification requirements within the
dedication period.
(B) The petition shall be filed with the director by September 1 of any calendar year
and shall be approved or disapproved by December 15. If approved, the
dedication shall be effective on July 1 of the following tax year.
(C) The director shall determine whether or not the forest restoration plan qualifies as
native forest, functional forest, or successional forest by using current natural
resource or vegetation maps or other acceptable evidence. Other acceptable
evidence includes, but is not limited to:
(i) A written affidavit by a recognizedprofessional in the field of natural
resources, or
(ii) A finding by a County, State or Federal agency or department with the
relevant expertise in the field of natural resources.
(D) If the director's findings are favorable, the petition shall be approved and the
land shall be declared dedicated. Approval of the petition to dedicate shall
constitute a forfeiture on the part of the owner of any right to change the use of
the land to a use other than preservation for a minimum period of twenty, years to
fifty years depending upon the type of dedication. In order to place prospective
buyers on notice of the rollback tax liability, the director shall, within sixty days
of notice of approval, record the dedication in accordance with the procedures of
the bureau of conveyances.
(E) The owner shall provide to the director evidence every five years that the forest
restoration plan is being implemented, as well as a signed and notarized affidavit,
followingthe he requirements of the administrative rules and regulations, that the
restoration plan is likely to succeed within the designated time period. The owner
shall continue to fulfill all other requirements of the agricultural assessment,
including providing proof at the director's request that any portion of the parcel
not being restored to a native forest or functional forest, but still being assessed
for an agricultural use, continues to be used and maintained substantially and
continuously in the approved agricultural use.
(F) If, at the end of the time period designated in the plan the land does not meet the
requirements of the forest restoration plan, the owner may return the land to its
previous designated use or it shall be assessed and taxed at market value without
penalty, provided that the owner has submitted the required verification that all
conditions of the forest restoration plan have been met.
(c) [,.r„ ive forest] Forest dedication value.
Dedicated native forest land shall be assessed at a preferential per -acre value in its
restricted preservation use. In determining the value of lands which are classified native
forest, the director shall assign [the a native forest assessment value no greater than
fifty percent of the lowest dedicated agricultural use category —at 1.,,,.1 ,,.,,,1.1 qida :f, -
f if it were to ,+ into agfieulttffai use . No preferential value shall be granted to
native forest land unless it is dedicated.
(2) Dedicated functional forest land shall be assessed at a preferential per -acre value in its
restricted preservation use In determining the value of lands which are classified
functional forest the director shall assign a functional forest assessment value as twice
the value of the native forest assessment value. No preferential value shall be granted to
functional forest land unless it is dedicated.
(3) Dedicated successional forest land shall be assessed at a preferential per -acre value in its
restricted preservation use In determining the value of lands which are classified
successional forest the director shall assign a nominal value of $100. No preferential
value shall be granted to successional forest land unless it is dedicated.
(d) Breach of dedication.
The dedication shall be deemed breached and the tax assessment privilege cancelled
retroactive to the date of the dedication, or the latest renewal period, and all differences in the
amount of taxes that were paid and those that would have been due from assessment in the
higher use shall be payable with a ten percent penalty and the [nati-ve] forest classification
shall be rescinded, upon any of the following:
(1) Failure of the owner to observe the restrictions on the use of the land; or
(2) The cover of native forest species falls below sixty percent for native forest preservation; or
(3) The cover of native forest species combined with non-native/non-invasive forest species
falls below sixty percent for functional forest preservation; or
(4) Failure of the owner to undertake specific actions as outlined in the forest restoration
plan; or
[(3)](D The property is rezoned to a higher use at the owner's request; or
[(4)M The property is subdivided into parcels of less than three acres; or
[(] A condominium property regime is declared for the property having condominium
units with an area equivalent to less than three acres. Each unit shall be treated as a
subdivision into lots of like size; or
[(6)]M The dedicated property or any portion thereof is sold by way of a conveyance which is
subject to conveyance tax under the terms of chapter 247, Hawaii Revised Statutes,
unless the director [ewe] submits a notarized affidavit signed by the owner to
the bureau of conveyances stating that the land shall continue to be subject to the full
requirements of the dedication, including the full penalties and rollback taxes imposed
for violation; or
[(7)]fD The dedicated property is not maintained according to sound land management
practices such that soil erosion is minimized, foreign species are controlled, and the
watershed is protected.
[(e) Other- + the +, f�� „twit1-,sta di a� r .+ or -r par-eel,i4 o f that , beiftg
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done,assessed and dedieated as pasttffe may be taken out of pr-oduetion as paft of an appr-oved for -es
(1) Saeh a plan indieating the aer-es and area, as well as the speeifie forest r-estomfien
to be
ll ith and the dir-eeter- of if the Y
lan isappfaved, the !and shall eentintie to be given the safne pastiar-e .
(2) The 1, 11 .1 to +1, d �+ f fin 1 '.1 e t11.,t the f A
C •CVr of LlllCCllt t• yearly 1, L V lUtiitt u � i��
implemented,r-ester-atieft plan is being as well as a signed and nota-fized affi&�,it by a
M
reeognized f6restfy prefessional that the restoration pla-H is likely to sueeeed within
designated time period. The evffier- shall eenlinue to fulfill all other- r-equir-effieRts of t
not being restered to a Rafive fefest, btA still being assessed for- an agrieultur-al use,
agr-ieulttffal
plan,(3) if at the end of the time per-ied d6signated by the native forest restoration plaft, the land
meets the f equit!ements of the native forest elass deser-ibed in this ehapter-, then it shall
elassified and r-ededieated as a Rative for -est. If-, at the end of the time pefiod designated i
the
r-etiim the land to its designated use as pasttife of it shall be assessed and taxed at maf
]
(e) Exemption to breach of dedication.
The director may cancel a dedication without rollback taxes or penalties in the event of any of
the following:
(1) A recognized natural disaster beyond the owner's control; or
(2) The death or severe disability of the principal owner such that the native forest, functional
forest, or successional forest maintenance and/or restoration cannot continue.
Corporations and partnerships are not eligible for this death or severe disability
exemption.
(f) Changing between native forest categories.
If the owner desires to change from one forest category to another, the owner shall petition the
director and provide evidence that the land meets the requirements for the new category. The
petition shall be filed with the director by September 1 of any calendar year and shall be
approved or disapproved by December 15. If approved, the dedication shall be effective on
July 1 of the following tax year.
[(#)]fg� At least one hundred eighty days prior to the cancellation, the department of finance shall
notify the owner by mail of such cancellation. The owner may reapply for renewal of the
dedication by filing an application with the director on or before September I of the [r
yeaf.] last year of the dedication period. The renewal petition shall, in all respects, be
processed in the same manner as an original petition. Upon approval of succeeding
dedications by the director [^owe], the property shall continue to be assessed in
accordance with the provisions of this section.
[(g) If for -est dedieated f4or for -est preservation is destroyed in Whole or in part by fire,
hth-rieane or othef disasters, the difeeter- may eatAinue the dedieation upon submittal and
]
(h) The owner may appeal a petition that has been disapproved as in the case of an appeal from an
assessment.
(i) The director shall establish rules and regulations necessary to administer this section, pursuant
to chapter 91, Hawaii Revised Statutes."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or application,
and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect on January 1, 2021.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
RU RENCE Comm. 988
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Z