Lingle vetoes 'far-reaching' farm-zone bill
By Jan TenBruggencate
Advertiser Kaua'i Bureau
Gov. Linda Lingle has vetoed a bill that would have prevented anti-farming covenants from being placed on subdivisions on agricultural lands, saying she supports its intent but found it too restrictive.
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"I believe that most restrictive covenants against agricultural uses are contrary to the public good. This bill, however, is too far-reaching and would prohibit landowners from placing any restrictions on agricultural uses of their agricultural lands," Lingle said of Senate Bill 255.
"This bill ... is too far-reaching," Gov. Linda Lingle said.
Veto denounced
The bill was a response to complaints that agricultural-zoned lands are being subdivided and used for luxury estates with covenants preventing farmers from legitimate farming activities such as growing windbreaks to protect their crops and using noisy equipment at certain hours.
"Smells, dust, early morning tractors — tough break. Agriculture has to have a priority," said Kaua'i fruit grower Mike Strong.
Sierra Club Hawai'i Chapter Director Jeff Mikulina said the bill was one of the Legislature's few pro-environment measures and that the governor's veto is a favor to developers.
"By continuing to allow restrictions to farming on ag lands, real farmers will be pushed off of the land and Hawai'i will continue to see more residential sprawl," he said.
Lingle senior policy adviser Randy Roth said the governor likes the purpose of the bill but believes it was poorly written. He said the administration will work to get a better-worded bill through next year's legislative session.
In her veto message, Lingle said a bill should "ensure the ability to use agricultural lands for agricultural activities, while allowing for reasonable restrictions where appropriate."
Strong said farmers have a tough enough time in the Islands.
"You've got to encourage and create an atmosphere where people want to farm," he said.
Kona coffee farmer Nita Isherwood said agricultural lands need to be reserved for farming.
"Farmers can hardly afford to hang on to their lands as it is. This bill would have prevented further erosion of our ag lands by making it more difficult to open them up for easy development. Pretty soon nobody is going to be able to afford to farm in Hawai'i," Isherwood said.
