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IAL & Rural District Reform

This document outlines the urgent need for comprehensive reform in the Agricultural District, integrating improved standards for rural and urban land use. It discusses current agricultural activities, permissible activities, and the challenges faced by farmers and landowners in transitioning to a sustainable and economically viable agricultural sector. Special permits, pre-existing uses, and the importance of identifying Important Agricultural Lands (IAL) are analyzed. The proposal aims to establish clarity between state and county regulations, promote agricultural investment, and balance rural development with the needs of the community.

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IAL & Rural District Reform

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  1. IAL & Rural District Reform Context and Setting Urban Land Institute April 19, 2006

  2. The AG District Today • A Range of AG Activities • Human Settlement • Special Permit Activities • Permissible Activities • Pre-Existing Activities • Less Than the Idyllic Setting We Envision

  3. A Range of AG Activities • Farms, Fields & Pasture • Coffee, Mac Nut Plantations • Large, Medium & Small Farming Operations • Vacant/Fallow Land • Land Unsuitable for Agriculture

  4. Human Settlement • Individual House/Farm Dwellings and Lot • Agricultural Subdivisions • Roads • Housing for Agricultural Workers • Barns & Other Ancillary Structures

  5. Special Permit Activities • Special Permit As Administered By the State & County - HRS 205-6 • Kamehameha Schools Big Island Campus • Waimanalo Gulch Sanitary Landfill • Many Other Types of Activities

  6. Permissible Activities • Golf Courses & Driving Ranges Approved by the County Before July 1, 2005 • Roadside Stands • Certain Public Utility or Infrastructure • As Described in HRS 205-4.5

  7. Pre-Existing Activities • Activities or Uses Which Existed Prior to 1961 • Grandfathered & Non-Conforming Activities • Quarries • Commercial or Industrial Activities • Subdivided Lands

  8. Subject of Much Controversy • Community Concern & Protest • Litigation • DR04-30 Kuleana Kuikahi • 1250 Oceanside

  9. IAL Implementation - Act 183 • Elements of the Legislation • Policies, Definitions, Objectives, IAL Standards and Criteria • IAL Petition Procedures, Incentives Program, County Identification Process, LUC Designation Process • Standards & Criteria for Reclassification or Rezoning • County Ordinances Reducing Infrastructure Standards for IAL • Periodic Review & Amendment of IAL Maps • ID of IAL Effective 3 Years After Incentives Are Established

  10. Desired Outcomes • Fulfill Constitutional Mandate (Art. 11 Sec. 3) • Conserve & Protect AG Lands • Promote Diversified AG • Increase AG Self-Sufficiency • Standards & Criteria to Accomplish Foregoing • Promote Enhanced AG Investment & Business Climate for New AG Industry • Promote Appropriate Patterns of Human Settlement Outside of the AG District • Regulation/Framework for Non-IAL Lands

  11. Urban-196,991 ac. What IAL Will Be!A Subset of the SLU AG District Agricultural District 102,164 Parcels 1.931M Acres Conservation District 5,490 Parcels 1.973M Acres Important Agricultural Lands Rural-10k ac

  12. Act 205 SLH 2005Rural District Boundary Study • Rural Districts Shall Also Include Golf Courses, Golf Driving Ranges, & Golf-Related Facilities • The Same Is Prohibited in the AG District • County Planning Departments & LUC Exec Officer to: • Review Boundaries • Develop Policies & Boundary Amendment Recommendations • Counties to Submit Proposed Legislation in 2006

  13. Desired Outcomes • Appropriate Rural District Standards Distinct From AG & Urban • IWS vs Sewer • Gravel Road vs. Curb & Gutter • Non-City Like Levels of Service • More Than Large Lot Subdivisions Allowed But Rural Communities Developed • Sustainable & Market AG Supported • There Is Still Places For Agriculture & Open Space

  14. Context & Setting • Sugar & Pine Plantations Have All But Vanished • Many Acres of AG Land Lie Fallow • New Export Markets Must Be Established • Real Estate Is The Principal Crop Now • Lucrative Second Home Market • Booming Market & Median Prices • New Challenge Perspective of Large Landowners • Cash In on the Real Estate Market/Land Bank? • Build Communities or 2nd Homes? • Support Farmers & AG?

  15. Harsh RealitiesComprehensive Answers Are Needed • What Is the Difference Between: • A Farm Dwelling & A Single Family Dwelling? • An Agricultural Subdivision & A Large Lot Subdivision • Permissible Uses w/in the AG & Urban District • The Answer • Not A Whole Lot • We Should Fix It Such That There Is No Question

  16. AG/Rural District ReformComprehensive Reform Needed • Update SLU District Standards • Distinct Rural District Realized • AG District Distinction • Acknowledge Existing Conditions & Realities • Fix & Transition Anomalies in the AG District • Existing Ag Subdivisions/Subdivided Lands • Non-conforming Uses • Establish Clarity & Efficiency Between State & County Government Regulations

  17. Necessary Discussion • Implement IAL • Statutory Detail • Minimum Lot Sizes (Larger IAL, No Rural Minimum) • District Standards & Permissible Uses • SLU Boundary Review & Reclassification Subject To County GP Updates • County Authority/Practices Updated • Zoning Best Practices • Distinctive AG/Rural/Urban Subdivision Standards • Property Tax Structure Which Fosters AG/Rural Community & New Development

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