REPORT TITLE:
Agricultural Subdivisions


DESCRIPTION:
Allows persons owning property within an agricultural district to
subdivide the property into leasehold lots of at least 50 acres
to be used for intensive agricultural purposes.  (HB1379 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1379
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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 allowed.
 
17      (c)  No farm dwellings or employee housing shall be
 
18 permitted in an intensive agricultural subdivision.  Buildings
 
19 and uses that are normally considered directly accessory to the
 
20 agricultural activity as described in section 205-4.5 shall be
 

 
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 1 permitted provided that no structure suitable for residential
 
 2 occupancy shall be constructed.
 
 3      (d)  Intensive agricultural subdivisions shall be exempted
 
 4 from all county subdivision ordinances, provided that any
 
 5 buildings and uses described in section 205-4.5 shall comply with
 
 6 all applicable county building ordinances.
 
 7      §205-    Intensive agricultural subdivisions and file plan;
 
 8 county approval.  (a)  A landowner or an authorized
 
 9 representative of the landowner shall submit a file plan of the
 
10 proposed intensive agricultural subdivision which shall include:
 
11      (1)  The overall tax map key or tax map keys if the lots in
 
12           the subdivision are included in more than one tax map
 
13           key;
 
14      (2)  The actual lot description or plantation field
 
15           designation within the tax map key; and
 
16      (3)  Any construction plans for accessory facilities and
 
17           utilities that are to be constructed.
 
18 The plan shall be submitted to the legislative body of the county
 
19 in which the proposed subdivision is located.
 
20      (b)  The legislative body shall approve or disapprove the
 
21 intensive agricultural subdivision within forty-five days after
 
22 the file plan has been submitted.  If after the forty-fifth day
 
23 the intensive agricultural subdivision file plan is not
 
24 disapproved, it shall be deemed approved by the legislative body.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

 
Page 4                                                     1379
                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

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

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