Section 15-15-124 - Private landowner credits in important agricultural land proceeding(a) The commission shall allow a petitioner for an important agricultural land designation to reserve the right to designate lands for reclassification to urban, rural, or conservation at a future proceeding. The commission shall not grant a landowner the right to reserve lands for future reclassification greater than fifteen percent of the total acreage of land which is the subject of the petition, total acreage being the land sought to be designated important agricultural land plus the land sought to be reclassified urban, rural or conservation.(b) Where a petitioner submits a petition for designation of lands as important agricultural lands in combination with a request to reclassify lands urban, rural or conservation and the commission grants the petition under this subchapter, the petitioner may, if specifically requested in the petition, obtain credits for the difference between fifteen percent of the total amount of land requested to be reclassified as urban, rural and conservation and the amount of land set forth in the petition to be so reclassified, if the amount of land for reclassification to urban, rural or conservation set forth in the petition is less than fifteen percent of the total land subject to the petition.(c) In order to preserve the right to reclassify lands under this section at a future proceeding a request for future credits must be specified in any petition for designation of important agricultural lands or petition for designation of important agricultural lands in conjunction with a request to re-classify lands to the urban, rural or conservation district.(d) If a petition fails to include a request for future credits under subsection (a) or (b), the petitioner's right to such credits shall be waived and the petitioner shall be barred from claiming the credits at a future date.(e) Credits held by a petitioner under this section may only be applied to lands owned or held by the petitioner in the same county as the lands designated important agricultural lands in the original petition giving rise to the credits are located.(f) In order to utilize such credits to have lands reclassified under this section the petitioner must, prior to utilization of such credits and before the credits are applied to any land to be reclassified, file a petition for declaratory order pursuant to subchapters 5 and 14 and section 15-15-123.(g) A petition for use of credit for reclassification of land granted under this section must be filed within ten years of the effective date of the original order by which the credits were granted by the commission. Unused credits shall expire and become unusable if not used within ten years from the-effective date the original order by which the credits were granted by the commission.(h) Credits issued under this section may only be used by the petitioner awarded the credits under the original declaratory order granting the credits. Unused or unexhausted credits awarded under this section may not be transferred to another person.(i) If a petitioner files a request for declaratory order to utilize credits held pursuant to this section the commission shall not grant such petition unless: (1) By a preponderance of the evidence presented, the land is suitable for reclassification in accordance with sections 205-2 and 205-3.1, HRS;(2) The reclassification is consistent with the relevant county general and, development, or community development plans;(3) By a preponderance of the evidence presented, the land sought to be reclassified is suitable for reclassification in accordance with subchapters 2 and 8; and(4) The petitioner has met all of the requirements of chapter 343 HRS with regard to the subject petition.[Eff and comp 11/2/2013; am and comp 10/18/2019] (Auth: HRS §§ 205-1, 205-7, 205-45) (Imp: HRS § 205-45)