Agriculture Land; Home Ind.

Authorizes home occupations and cottage industries in
agricultural districts.

THE SENATE                              S.B. NO.           1348
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature of the State of Hawaii
 2 recognized that lands within the state land use agricultural
 3 district "may include areas which are not used for, or which are
 4 not suited to, agricultural and ancillary activities by reason of
 5 topography, soils and other related characteristics."
 6      Section 205-2(d), Hawaii Revised Statutes allows the use of
 7 land in addition to agricultural uses, such uses as wind energy
 8 facilities and open area recreational facilities, including golf
 9 courses, and golf driving ranges; provided that they are not
10 included within lands classified as soil class A or B.
11      Section 205-4.5, Hawaii Revised Statutes does not however,
12 allow single family residences, home occupations or cottage
13 industries within the agricultural districts without related
14 agricultural activity.  In our changing economy, the restrictions
15 on these uses will impose hardship and difficult transition into
16 economies based on new trends and technologies.
17      It is the purpose of this Act to allow for single family
18 residential home occupations and cottage industries in
19 agricultural districts.

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                                     S.B. NO.           1348

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

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                                     S.B. NO.           1348

 1 provided that such facilities shall not be used as or equipped
 2 for use as living quarters or dwellings; agricultural parks;
 3 [and] open area recreational facilities, including golf courses
 4 and golf driving ranges; and in a single family dwelling on a lot
 5 of record, home occupations and cottage industries; provided that
 6 they are not located within agricultural district lands with soil
 7 classified by the land study bureau's detailed land
 8 classification as overall (master) productivity rating class A or
 9 B.
10      These districts may include areas which are not used for, or
11 which are not suited to, agricultural and ancillary activities by
12 reason of topography, soils, and other related characteristics.
13 The counties may identify such areas in which single family
14 dwellings, home occupations and cottage industries may be located
15 and may further specify the occupations and industries which may
16 be permissible."
17      SECTION 3.  Statutory material to be repealed is bracketed.
18 New statutory material is underscored.
19      SECTION 4.  This Act shall take effect upon its approval.
21                           INTRODUCED BY: ________________________