NAWILIWILI — Just short of passing its second and final reading by the Kaua‘i County Council, a bill allowing extra farm-worker dwellings on agriculture lands bounced back to committee Wednesday.
“In last week’s committee meeting there were two legal questions that I have to surface,” said Councilman Jay Furfaro, adding that the attorney assigned to address them was currently in depositions for different county matters. “Therefore I would ask to recommit (the bill) to committee until we can get those clarifications, and hopefully we can move it out after that.”
Bill 2318 allows farmers to build up to three farm-worker houses up to 1,800 square feet combined total.
To qualify for the permit, farmers have to be able to show the Kaua‘i Planning Commission a business plan, annual gross receipts of at least $35,000 and have their land enrolled in the Agriculture Dedication program at the Real Property Tax office.
In addition, if the land is part of a Condominium Property Regime, the Agriculture Dedication criteria has to be in effect before the bill becomes law.
There were concerns that in the way the bill was written, it may still allow farmers to divide the land and sell the land with the farm-worker dwellings on it, Furfaro said.
Furfaro said the County Attorney is saying CPR is governed by the state Real Estate Commission, which may bring in some confrontation regarding the criteria that disqualifies farmers who live on CPR land, but don’t yet have the Agriculture Dedication.
“We may have to approach that by limiting how many farm units they can get,” Furfaro said.
The council will revisit the issue during their weekly meeting next Wednesday at the Council Chambers in Nawiliwili, starting at 9 a.m.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.
