H.B. NO.



H.D. 2


S.D. 1


C.D. 1













SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46-    Agricultural and aquacultural structures; no building permit required.  (a)  Notwithstanding any law to the contrary, no county shall require a building permit for the construction of a nonresidential structure used for agricultural or aquacultural operations; provided that:

(1) The owner and/or occupier agrees to defend, indemnify, and hold harmless the State, counties, and any of their agencies, officers, and employees from and against all liability, loss, damage, cost, and expense, including attorneys' fees and costs, and all claims, suits, and demands arising out of or resulting from the lack of building permits for any nonresidential structure, and waives any statutory or other immunity from liability that may be asserted by the owner and/or occupier to limit the owner and/or occupier's obligation to so defend, indemnify, and hold harmless the State and counties and any of their agencies, officers, and employees;

(2) The owner and/or occupier obtains a certification from a duly qualified third party reviewer that certifies under penalty of law that the third party reviewer has reviewed the owner and/or occupier's proposed building plans and that in the third party reviewer's professional opinion, the proposed building plans are in compliance with all applicable codes, rules, and all other applicable requirements of the appropriate county planning and permitting department and the State;

(3) The owner and/or occupier submits the proposed building plans, indemnification and hold harmless attestation, and third party review certification to the appropriate county planning and permitting department; provided that the exemption from building permit requirements provided under this section shall not apply unless the nonresidential structure is constructed in accordance with the proposed building plan;

(4) The proposed structure is nonresidential and its floor area under roof or eave is one thousand five hundred square feet or less; and

(5) The property upon which the proposed structure is to be built has an area of at least three acres.

(b)  As used in this section:

"Agricultural" means relating to the raising of animals or the planting, cultivating, harvesting, and processing of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, or forestry purposes.

"Aquacultural" means relating to the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes, including aquaponics or any growing of plants or animals with aquaculture effluents.

"Floor area" means the area of all floors of a structure excluding unroofed areas, measured from the exterior faces of the exterior walls or from the center line of the party walls dividing a structure. The floor area of a structure, or portion thereof, which is not enclosed by exterior walls shall be the area under the covering, roof, or floor above which is supported by posts, columns, partial walls, or similar structural members that define the wall line."

SECTION 2. The Hawaii Farm Bureau Federation and each county planning department shall report to the legislature no later than twenty days prior to the convening of the regular session of 2012 regarding the impact of this Act, including proposed amendments to this Act, if any.

SECTION 3.  New statutory material is underscored.

SECTION 4.  This Act shall take effect on July 1, 2011.

Report Title:

Building Permits; Structures; Agricultural and Aquacultural Use



Exempts construction of certain nonresidential structures used for agricultural or aquacultural operations from county building permit requirements, under certain conditions. Effective

July 1, 2011. (HB1230 CD1)




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