Report Title:

Agricultural District Lands; Additional Uses Authorized

 

Description:

Allows home occupations, cottage industries, and single family dwellings located on but not used in connection with a farm, on agricultural district lands; authorizes counties to specify permitted areas.

 

THE SENATE

S.B. NO.

40

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AGRICULTURAL DISTRICT LANDS.

 

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

SECTION 1. The legislature finds that agricultural district lands "may include areas which are not used for, or which are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics." Section 205-4.5, Hawaii Revised Statutes, allows the use of land within detailed land classification A or B to include among other uses, "Public and private open area types of recreational uses including...camps, picnic grounds, and parks...." Section 205-4.5, Hawaii Revised Statutes, does not however, allow single family residences, home occupations, or cottage industries within the agricultural districts without related agricultural activity. In our changing agricultural economy, the restrictions on these uses will impose hardship and a longer period of transition into new economies.

The purpose of this Act is to allow for single family dwellings located on and not connected with a farm, home occupations, and cottage industries in the agricultural district.

SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Agricultural districts shall include activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry; farming activities or uses related to animal husbandry, aquaculture, and game and fish propagation; aquaculture, which means the production of aquatic plant and animal life for food and fiber within ponds and other bodies of water; wind generated energy production for public, private, and commercial use; bona fide agricultural services and uses which support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, whether or not conducted on the same premises as the agricultural activities to which they are accessory, including but not limited to farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, vehicle and equipment storage areas, and roadside stands for the sale of products grown on the premises; wind machines and wind farms; small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land, provided that such facilities shall not be used as or equipped for use as living quarters or dwellings; agricultural parks; [and] open area recreational facilities, including golf courses and golf driving ranges; and home occupations, cottage industries, and single family dwellings located on but not used in connection with a farm; provided that they are not located within agricultural district lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B[.]; and provided further that the counties may specify permitted areas for single family dwellings, home occupations, and cottage industries and may further specify permitted occupations and industries.

These districts may include areas which are not used for, or which are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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