Section 13-140-28 - Conservation easements, deed restrictions, and covenants(a) The board may encumber lands acquired with grants from the fund with conservation easements under chapter 198, HRS, or an agricultural easement or deed restrictions or covenants to ensure the long-term protection of the land and its resource values.(b) The board shall require projects receiving land acquisition grants for fee purchase from the fund to incorporate a conservation easement under chapter 198, HRS, unless: (1) The grant is to a county agency or to a state agency; or(2) The proposed project already includes a conservation easement to a county agency, state agency, federal agency, or nonprofit land conservation organization. The board may accept a conservation easement to a county agency, state agency, federal agency, or nonprofit land conservation organization to meet this requirement.
(c) In circumstances where the board does not require a conservation easement, in determining whether to encumber lands acquired with grants from the fund, upon a recommendation from the commission, the senate president and the speaker of the house of representatives, or the department, the board shall consider:(1) Whether the long-term protection of the land and its resource values has been sufficiently addressed in the proposed project; and(2) Whether the additional encumbrance will adequately achieve the long-term protection of the resources in a way that is appropriate for their intended use.[Eff 7/21/12] (Auth: HRS § 173A-7) (Imp: HRS §§ 173A-4, 173A-5, 173A-9)