Haw. Code R. § 15-15-121

Current through September, 2024
Section 15-15-121 - Petition by farmer or landowner
(a) A farmer or landowner seeking to have lands designated important agricultural lands may file a petition for declaratory ruling with the commission seeking to have its lands designated important agricultural lands.
(b) The petition for declaratory ruling shall be submitted in accordance with subchapter 14 and shall include:
(1) Tax map keys of the land to be designated along with verification and authorization from the applicable landowners;
(2) Proof of qualification for designation under section 15-15-120; and
(3) The current or planned agricultural use of the area to be designated.
(c) The commission shall review the petition and the accompanying submissions to evaluate the qualifications of the land for designation as important agricultural lands in accordance with section 15-15-121.
(d) A petition for declaratory order seeking designation of lands as important agricultural lands shall only be granted if a two-thirds majority of the commission finds, after its review and evaluation and based upon a preponderance of the evidence, that the subject lands qualify for designation as important agricultural lands under this subchapter and sections 205-44 and 205-45, HRS. If a petition fails to receive the affirmative votes of two-thirds of the commissioners, findings of fact, conclusions of law and a decision and order denying the petition shall be filed by the commission,

Haw. Code R. § 15-15-121

[Eff and comp 11/2/2013; comp 10/18/2019] (Auth: HRS §§ 205-1, 205-7, 205-45) (Imp: HRS § 205-45)