IMPORTANT AGRICULTURAL LANDS (IAL)

ACT 183, SLH 2005 - Relating to Important Agricultural Land

BACKGROUND

The Important Agricultural Lands bill (HB 1640) was passed by the 2005 Legislature and was signed into law as ACT 183 by Governor Lingle. This was a landmark legislatio, not because it fulfills a long-standing constitutional mandate, not because it says agriculture is a priority in this state, but because it actually begins the process of protecting Hawaii’s important agricultural lands. ACT 183 provides the framework for farmers to receive incentives and support in order to keep them farming and to ensure the preservation of Hawaii’s agriculture industry. Real agriculture. Not just agricultural lands, but agricultural businesses also.

IMPORTANT AGRICULTURAL LANDS FACT SHEET
Courtesy of the Hawaii Department of Agriculture

What are Important Agricultural Lands?

"Important agricultural lands" are those lands that:

• Are capable of producing sustained high agricultural yields when treated and managed according to accepted farming methods and technology;
• Contribute to the State's economic base and produce agricultural commodities for export or local consumption;
• Are needed to promote the expansion of agricultural activities and income for the future, even if currently not in production.

How will Important Agricultural Lands be Identified?

Lands meeting any of the criteria below shall be given consideration.

• Land currently used for agricultural production;
• Land with soil qualities and growing conditions that support agricultural production of food, fiber, or fuel- and energy-producing crops;
• Land identified 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;
• Land types 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;
• Land with sufficient quantities of water to support viable agricultural production;
• Land whose designation as important agricultural lands is consistent with general, development, and community plans of the county;
• Land that contributes to maintaining a critical land mass important to agricultural operating productivity;
• Land with or near support infrastructure conducive to agricultural productivity, such as transportation to markets, water, or power.
  

How will Important Agricultural Lands be Designated?

Important Agricultural Lands may be designated in two ways.

In the first, a farmer or landowner may file a petition for declaratory ruling with the LUC at any time beginning July 1, 2005, the effective date of the Act. The Commission shall review the petition to evaluate the qualifications of the land for designation as IAL. If 2/3rds of the Commission finds that the lands qualify for IAL designation, the Commission will issue a declaratory order designating the lands as IAL.

In the second, each county shall identify and map potential important agricultural lands within its jurisdiction except lands that have been designated for urban use by the State or county.

Each county shall develop an inclusive process for public involvement, including a series of public meetings, throughout the identification and mapping process. The planning departments may also establish one or more citizen advisory committees, utilize an existing process (such as general plan, development plan, and community plan), or employ appropriate existing and adopted general plan, development plan, or community plan maps.

The IAL maps shall be submitted to the county council for adoption, with or without changes, by resolution. The adopted maps shall be transmitted to the LUC for further action. The LUC shall receive the county recommendations and maps no sooner than the effective date of the legislative enactment of incentive measures for important agricultural lands.

The Department of Agriculture and the Office of Planning shall also receive and review copies of the county maps and recommendations and provide comments to the LUC within forty-five days of the receipt of the recommendations and maps by the Commission.

In reaching its decision, the LUC shall consider information submitted by the county, declaratory orders issued in the three year period following enactment of incentives, landowner position statements and other relevant information. The LUC is precluded from designating any additional lands of a landowner as IAL if that owner already has a majority of their landholdings, exclusive of conservation lands, designated as IAL.

The designation of important agricultural lands and adoption of maps submitted by the county shall take effect only after the passage of a minimum of three years following the enactment of legislation establishing incentives for important agricultural lands.

Copies of the maps of important agricultural lands adopted by the LUC shall be transmitted to each county planning department and county council, the Department of Agriculture, the Agribusiness Development Corporation, the Office of Planning, and other state agencies involved in land use matters. The maps of important agricultural lands shall guide all decision-making on the proposed reclassification or rezoning of important agricultural lands, state agricultural development programs, and other state and county land use planning and decision-making.