Report Title:

Land Use; Historic
Agricultural Landmark

Description:

Establishes
historic agricultural landmarks, designated by law, to be preserved and
perpetuated as agricultural land for the benefit of the people of Hawaii.

THE SENATE

S.B. NO.

2997

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

Proposed

H.D. 1

A BILL FOR AN ACT

relating to land
use.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION
1.  When the legislature enacted Act
183, Session Laws of Hawaii 2005, establishing important agricultural lands, it
declared that the people of Hawaii have a substantial interest in the health
and sustainability of agriculture as an industry in the State and that there is
a compelling state interest in conserving the State's agricultural land
resource base and ensuring the long‑term availability of agricultural
lands for agricultural use.  This is
in accord with the State's responsibility under article XI, section 3, of the Hawaii state
constitution to conserve and protect agricultural lands.

The
legislature finds that certain agricultural lands are also important because of
their special historical, cultural, and visual value to the State and are akin in
many ways to landmarks.  The
legislature further finds that these "historic agricultural landmarks"
should be preserved and perpetuated as agricultural land for the benefit of the
people of Hawaii.

Agricultural
lands, such as the George Galbraith Trust agricultural lands north of Wahiawa, Oahu, are
intertwined with the historic and cultural fabric of the surrounding towns and
their people.  The Galbraith lands
in question are pineapple plantation lands and home to former and current
pineapple workers, many of whom have lived and worked on the pineapple
plantation lands for decades.  Many
of the workers who left the pineapple plantation camps settled in surrounding
towns, and their families are still living there today.

The
pineapple industry is a significant part of Hawaii history.  Wahiawa,
in particular, was once known as "The City of Pines" or "Land of
a Million Pines" and considered the hub of the world's pineapple
industry.  The Galbraith lands in
question are, in essence, a prime example of agricultural lands that have a
special historical, cultural, and visual value to the people of Hawaii.

Part
III of chapter 205, Hawaii Revised Statutes, establishes standards and criteria
for the identification, as well as the designation, of important agricultural
lands.  However, the legislature
finds that historic agricultural landmarks should be designated by law.  The legislature further finds that instead
of acquiring the agricultural land, the State should restrict the land use to
preserve and perpetuate it as agricultural land for the continuing benefit of
the people of Hawaii.

The
purpose of this Act is to:

(1)  Enable
the legislature to designate certain agricultural lands as historic agricultural
landmarks because of their special historical, cultural, and visual value to
the State;

(2)  Provide
incentives for historic agricultural landmarks similar to the proposed incentives
for important agricultural lands under section 205‑46, Hawaii Revised
Statutes;

(3)  Provide
that historic agricultural landmarks can only be designated by law; and

(4)  Establish
standards and criteria for reclassification or rezoning, to better preserve the
historic agricultural landmarks for the education, pleasure, and welfare of the
people of Hawaii.

SECTION 2.  Chapter 205, Hawaii Revised Statutes, is
amended by adding two new sections to part III to be appropriately designated
and to read as follows:

"§205‑A  Historic agricultural landmark.  (a)  As used in this part, "historic
agricultural landmark" means land within the agricultural district that
has significant historic, cultural, and visual value to the State.

(b)  The objective for the designation of an
historic agricultural landmark is to restrict the land use to agricultural to
preserve and perpetuate it as agricultural land for the continuing benefit of
the people of the State.

(c)  An historic agricultural landmark shall
be designated through enactment of legislation.  Once designated as an historic
agricultural landmark, the uses allowed on the land shall be restricted to the
permitted uses listed in section 205‑4.5.

(d)  A landowner with land designated as an
historic agricultural landmark shall be entitled to any incentives for
important agricultural lands enacted pursuant to section 205‑46.

(e)  Notwithstanding any law to the contrary,
any land use district boundary amendment or change in zoning involving an
historic agricultural landmark shall be made pursuant to section 205‑50;
provided that any decision pursuant to section 205‑50 shall also be based
upon a determination that, on balance, the public benefit from the proposed
district boundary amendment or zone change outweighs the historic and cultural value
of the agricultural land to the State.

§205‑B  Galbraith historic agricultural
landmark.  Agricultural
lands that are part of the George Galbraith Trust and are identified by tax map
key numbers (01) 7‑1‑01 and (01) 6‑5‑02, as
bounded, respectively, by Schofield Barracks and Wahiawa Reservoir (Lake
Wilson) to the south, Kaukonahua Gulch to the east, and Poamoho Gulch to the
north, are declared to have significant historic, cultural, and visual value to
the State and are hereby designated as an historic agricultural landmark
pursuant to section 205‑A."

SECTION
3.  In codifying the new sections
added by section 2 of this Act, the revisor of statutes shall substitute
appropriate section numbers for the letters used in designating the new
sections in this Act.

SECTION 4.  New statutory material is underscored.

SECTION 5.  This Act shall take effect upon its
approval.

INTRODUCED BY:

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