Section 15-15-120 - Criteria and procedure for the identification of important agricultural lands(a) The commission shall not approve a petition to have land designated as important agricultural land, either in whole or in part, unless the commission finds upon a clear preponderance of the evidence, that the designation is reasonable and consistent- with the policies of chapter 205 HRS and the provisions of this subchapter 17.(b) Any petition seeking to designate lands as important agricultural lands shall adhere to the requirements of subchapter 14 of this chapter. A petition seeking to designate lands as important agricultural lands and a reclassification of lands to urban, rural or conservation under section 205-45, HRS, or a credit for reclassification of lands to urban, rural or conservation, shall be set for hearing in accordance with section 15-15-100. Any hearing set for determination of a petition for designation of important agricultural lands under this section shall be held pursuant to the procedures and requirements set forth in section 205-4, HRS, and subchapters 7 and 14 of this chapter. Petitions to intervene shall follow the procedures and requirements contained in section 15-15-52.(c) In review of any petition seeking, in part or in whole, to have lands classified as important agricultural lands, the commission shall specifically consider the following: (1) Whether the land is currently used for agricultural production;(2) The land's soil qualities and whether the growing conditions support agricultural production of food, fiber, or fuel- and energy-producing crops;(3) The land's classification or identification under agricultural productivity rating systems, such as the agricultural lands of importance to the State of Hawaii (ALISH) system adopted by the board of agriculture on January 28, 1977;(4) If the land has been or is a type that has been associated with traditional native Hawaiian agricultural uses, such as taro cultivation, or unique agricultural crops and uses, such as coffee, vineyards, aquaculture, and energy production;(5} The land shall have sufficient quantities of water to support viable agricultural production;(6) If the land's designation as important agricultural lands will be consistent with general, development, and community plans of the county;(7) Land that contributes to maintaining a critical land mass important to agricultural operating productivity; and(8) Whether the land has, or is near, support infrastructure conducive to agricultural productivity, such as transportation to markets, water, or power,(d) If a petition is limited solely to designation by a landowner of important agricultural lands, the commission shall weigh the criteria set forth in section 15-15-120(c) against each other to meet the objectives of section 205-42 HRS.(e) The commission shall not accept any petition to designate lands as important agricultural lands covering substantially the same request for substantially the same land as had previously been denied by the commission within one year of the date of filing of findings of fact and conclusions of law denying the petition.[Eff and comp 11/2/2013; comp 10/18/2019] (Auth: HRS §§ 205-1, 205-7, 205-45) (Imp: HRS § 205-44)