Section 13-106-3 - Eligibility(a) Any property of not less than ten acres: (1) Included within the agricultural district pursuant to section 205-2, Hawaii Revised Statutes: or (2) Included within the conservation district and zoned for commercial forest use; is eligible for classification as tree farm property if it is suited for the sustained production of forest products in quantity sufficient to establish a business in the sale thereof; and(b) Property on which the owner is already growing commercial tree species under approved forest management prescriptions and which the owner agrees to manage the property according to a management plan approved by the board is eligible for classification as tree farm property. Additional noncontiguous property of five acres or more, under the same ownership and in the same vicinity, is also eligible for classification along with the main acreage sought to be classified. Individual property owners joining to form a partnership of not less than ten contiguous acres may be eligible for classification, if all applicants having a legal interest in the partnership agree to the terms of the tree farm classification.(c) No real property under a lease having an unexpired term of less than twenty years is eligible for classification as tree farm property, unless the lessee and lessor agree by written notice to the Division that the property will be maintained as a tree farm.[Eff. JAN 03 1994] (Auth: HRS § 186-2)