REPORT TITLE:
Agricultural Lands


DESCRIPTION:
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                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURE.



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

 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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                                     S.B. NO.           1211
                                                        
                                                        

 
 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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                                     S.B. NO.           1211
                                                        
                                                        

 
 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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                                     S.B. NO.           1211
                                                        
                                                        

 
 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.
 
18 
 
19                           INTRODUCED BY:  _______________________