Bill to restrict state 'fake farms' killed after home-rule objections

The Maui News
Tuesday, May 01, 2007

By HARRY EAGAR, Staff Writer

HONOLULU – A Senate bill intended to restrict "fake farms" statewide got further than anyone expected but was killed in conference committee last week, partly on home-rule issues.

Maui lawmakers had vowed to protect the county's system of regulating development in the agricultural zone.

The bill, SB 1236, would have made 5 acres the smallest lot in the ag zone. Under today's county ordinance, some ag lots can be as small as 2 acres, although when large lots are subdivided only a limited number of 2-acre lots are allowed.

David DeLeon, a lobbyist for the Realtors Association of Maui, said it wasn't just developers who were alarmed by the bill – or who were surprised it got through both houses of the Legislature and into a conference to resolve differences.

The association testified against the bill, but DeLeon said many current owners also were opposed because they have existing lots small enough to become nonconforming under the bill's strictures – and there was no grandfathering provision for small lots.

Some sponsors even wanted to apply the restrictions in the state rural zone, said DeLeon on Monday. In that section, which did not make it to conference, the smallest rural lot allowed would have been an acre. County ordinance provides for half-acre rural lots.

Maui Sens. J. Kalani English and Roz Baker, and Reps. Angus McKelvey and Mele Carroll, all had problems with the bill as written.

DeLeon said their opposition contributed to the decision of the conference committee to defer the bill, although none of the Maui legislators had a vote on the panel.

"They stood up for the community," DeLeon said.

He said he does not expect the bill to be reintroduced "in the form it had this year."

Besides home-rule issues and nonconforming lot problems, another objection to the bill was that it would have covered the entire state ag zone, although many of those acres are not usable, such as lava fields and gullies.

Two years ago, the Legislature called for a survey of ag lands to determine which are most important. It would make more sense, DeLeon said, to wait for that determination instead of trying to impose restrictions everywhere.

The problem with that approach, though, is that the Legislature gave the counties years to submit proposals for defining their lands, to be followed by more years of state processing.

"It could take 10 years," said DeLeon.

Harry Eagar can be reached at heagar@mauinews.com.

Copyright © 2005 The Maui News.

Original article URL: http://www.mauinews.com/story.aspx?id=30069

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