Agricultural Lands

Allows owners of agricultural lands to subdivide land into
parcels not less than 50 acres in size; provided that the
subdivided lots are used for intensive agricultural purposes.
Allows security facilities to be built on agricultural lands.

THE SENATE                              S.B. NO.           1211
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended
 2 by adding two new sections to be appropriately designated and to
 3 read as follows:
 4      "205-     Intensive agricultural subdivisions.  (a)  Any
 5 person owning property within an agricultural district may
 6 subdivide the property into leasehold lots to be used for
 7 intensive agricultural purposes.  The minimum lot size in an
 8 intensive agricultural subdivision shall not be less than fifty
 9 acres.
10      (b)  The lots in an intensive agricultural subdivision shall
11 be used solely for the production of plant and animal life for
12 food, fiber, and raw materials, including general farming, fruit
13 growing, flower growing, aquaculture, growing of timber and
14 forest products, apiary, grazing, dairying, and the production of
15 any form of livestock or poultry for a period of not less than
16       years.  Special permits for other uses shall not be
17 allowed.
18      (c)  No farm dwellings or employee housing shall be
19 permitted in an intensive agricultural subdivision.  Buildings

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 1 and uses that are normally considered directly accessory to the
 2 agricultural activity as described in section 205-4.5 shall be
 3 permitted provided that no structure suitable for residential
 4 occupancy shall be constructed.
 5      (d)  Intensive agricultural subdivisions shall be exempt
 6 from all county subdivision ordinances; provided that any
 7 buildings and uses described in section 205-4.5 shall comply with
 8 all applicable county building ordinances.
 9      205-     Intensive agricultural subdivision and file plan;
10 county approval.  (a)  A landowner or an authorized
11 representative of the landowner shall submit a file plan of the
12 proposed intensive agricultural subdivision and any construction
13 plans for accessory facilities and utilities that are to be
14 constructed to the legislative body of the county in which the
15 proposed subdivision is located.
16      (b)  The legislative body shall approve or disapprove the
17 intensive agricultural subdivision within forty-five days after
18 the file plan has been submitted.  If after the forty-fifth day,
19 the intensive agricultural subdivision file plan is not
20 disapproved, it shall be deemed approved by the legislative body.
21      (c)  The approved file plan shall be recorded or registered
22 as required by law."
23      SECTION 2.  Section 205-2, Hawaii Revised Statutes, is

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 1 amended by amending subsection (d) to read as follows:
 2      "(d)  Agricultural districts shall include activities or
 3 uses as characterized by the cultivation of crops, orchards,
 4 forage, and forestry; farming activities or uses related to
 5 animal husbandry, aquaculture, and game and fish propagation;
 6 aquaculture, which means the production of aquatic plant and
 7 animal life for food and fiber within ponds and other bodies of
 8 water; wind generated energy production for public, private, and
 9 commercial use; bona fide agricultural services and uses which
10 support the agricultural activities of the fee or leasehold owner
11 of the property and accessory to any of the above activities,
12 whether or not conducted on the same premises as the agricultural
13 activities to which they are accessory, including but not limited
14 to farm dwellings as defined in section 205-4.5(a)(4), employee
15 housing, farm buildings, mills, storage facilities, processing
16 facilities, security facilities, vehicle and equipment storage
17 areas, and roadside stands for the sale of products grown on the
18 premises; wind machines and wind farms; small-scale
19 meteorological, air quality, noise, and other scientific and
20 environmental data collection and monitoring facilities occupying
21 less than one-half acre of land, provided that such facilities
22 shall not be used as or equipped for use as living quarters or
23 dwellings; agricultural parks; and open area recreational

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 1 facilities, including golf courses and golf driving ranges;
 2 provided that they are not located within agricultural district
 3 lands with soil classified by the land study bureau's detailed
 4 land classification as overall (master) productivity rating class
 5 A or B.
 6      These districts may include areas which are not used for, or
 7 which are not suited to, agricultural and ancillary activities by
 8 reason of topography, soils, and other related characteristics."
 9      SECTION 3.  Section 205-4.5, Hawaii Revised Statutes, is
10 amended by amending subsection (a) to read as follows:
11      "(a)  Within the agricultural district all lands with soil
12 classified by the land study bureau's detailed land
13 classification as overall (master) productivity rating class A or
14 B shall be restricted to the following permitted uses:
15      (1)  Cultivation of crops, including but not limited to
16           flowers, vegetables, foliage, fruits, forage, and
17           timber;
18      (2)  Game and fish propagation;
19      (3)  Raising of livestock, including but not limited to
20           poultry, bees, fish, or other animal or aquatic life
21           that are propagated for economic or personal use;
22      (4)  Farm dwellings, employee housing, farm buildings, or
23           activity or uses related to farming and animal

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 1           husbandry;
 2           Farm dwelling as used in this paragraph means a single-
 3           family dwelling located on and used in connection with
 4           a farm, including clusters of single-family farm
 5           dwellings permitted within agricultural parks developed
 6           by the State, or where agricultural activity provides
 7           income to the family occupying the dwelling;
 8      (5)  Public institutions and buildings which are necessary
 9           for agricultural practices;
10      (6)  Public and private open area types of recreational uses
11           including day camps, picnic grounds, parks, and riding
12           stables, but not including dragstrips, airports, drive-
13           in theaters, golf courses, golf driving ranges, country
14           clubs, and overnight camps;
15      (7)  Public, private, and quasi-public utility lines and
16           roadways, transformer stations, communications
17           equipment buildings, solid waste transfer stations,
18           major water storage tanks, and appurtenant small
19           buildings such as booster pumping stations, but not
20           including offices or yards for equipment, material,
21           vehicle storage, repair or maintenance, or treatment
22           plants, or corporation yards, or other like structures;
23      (8)  Retention, restoration, rehabilitation, or improvement

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                                     S.B. NO.           1211

 1           of buildings or sites of historic or scenic interest;
 2      (9)  Roadside stands for the sale of agricultural products
 3           grown on the premises;
 4     (10)  Buildings and uses, including but not limited to mills,
 5           storage, and processing facilities, maintenance
 6           facilities, security facilities, and vehicle and
 7           equipment storage areas that are normally considered
 8           directly accessory to the abovementioned uses and are
 9           permitted under section 205-2(d);
10     (11)  Agricultural parks; or
11     (12)  Wind energy facilities, including the appurtenances
12           associated with the production and transmission of wind
13           generated energy; provided that such facilities and
14           appurtenances are compatible with agriculture uses and
15           cause minimal adverse impact on agricultural land."
16      SECTION 4.  New statutory material is underscored.
17      SECTION 5.  This Act shall take effect upon its approval.
19                           INTRODUCED BY:  _______________________