REPORT TITLE:
Agricultural Subdivisions


DESCRIPTION:
Allows persons owning property within an agricultural district to
subdivide the property into leasehold lots of at least     acres
to be used for intensive agricultural purposes.  (HB1379 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1379
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 the agricultural district may
 
 6 subdivide the property into leasehold lots to be used for
 
 7 intensive agricultural purposes, provided that the subdivided
 
 8 leasehold lots return to their original lot of record upon
 
 9 expiration or termination of the lease.  The minimum lot size in
 
10 an intensive agricultural subdivision shall not be less than
 
11       acres.
 
12      (b)  The leasehold lots in an intensive agricultural
 
13 subdivision shall be used solely for the production of plant and
 
14 animal life for food, fiber, and raw materials, including general
 
15 farming, fruit growing, flower growing, aquaculture, growing of
 
16 timber and forest products, apiary, grazing, dairying, and the
 
17 production of any form of livestock or poultry for a period of
 
18 not less than      years.  Special permits for other uses shall
 
19 not be allowed.
 

 
Page 2                                                     1379
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (c)  No farm dwellings or employee housing shall be
 
 2 permitted in an intensive agricultural subdivision.  Buildings
 
 3 and uses that are normally considered directly accessory to the
 
 4 agricultural activity as described in section 205-4.5 shall be
 
 5 permitted provided that no structure suitable for residential
 
 6 occupancy shall be constructed.
 
 7      (d)  Intensive agricultural subdivisions shall be exempted
 
 8 from all county subdivision ordinances, provided that any
 
 9 buildings and uses described in section 205-4.5 shall comply with
 
10 all applicable county building ordinances.
 
11      §205-    Intensive agricultural subdivisions and file plan;
 
12 county approval.  (a)  A landowner or an authorized
 
13 representative of the landowner shall submit a file plan of the
 
14 proposed intensive agricultural subdivision which shall include:
 
15      (1)  The overall tax map key or tax map keys if the lots in
 
16           the subdivision are included in more than one tax map
 
17           key;
 
18      (2)  The actual lot description or plantation field
 
19           designation within the tax map key; and
 
20      (3)  Any construction plans for accessory facilities and
 
21           utilities that are to be constructed.
 
22 The plan shall be submitted to the legislative body of the county
 
23 in which the proposed subdivision is located.
 

 
Page 3                                                     1379
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (b)  The legislative body of the county shall approve or
 
 2 disapprove the intensive agricultural subdivision within forty-
 
 3 five days after the file plan has been submitted.  If after the
 
 4 forty-fifth day the intensive agricultural subdivision file plan
 
 5 is not disapproved, it shall be deemed approved by the
 
 6 legislative body.
 
 7      (c)  The approved file plan shall be recorded or registered
 
 8 as required by law."
 
 9      SECTION 2.  Section 205-2, Hawaii Revised Statutes, is
 
10 amended by amending subsection (d) to read as follows:
 
11      "(d)  Agricultural districts shall include activities or
 
12 uses as characterized by the cultivation of crops, orchards,
 
13 forage, and forestry; farming activities or uses related to
 
14 animal husbandry, aquaculture, and game and fish propagation;
 
15 aquaculture, which means the production of aquatic plant and
 
16 animal life for food and fiber within ponds and other bodies of
 
17 water; wind generated energy production for public, private, and
 
18 commercial use; bona fide agricultural services and uses which
 
19 support the agricultural activities of the fee or leasehold owner
 
20 of the property and accessory to any of the above activities,
 
21 whether or not conducted on the same premises as the agricultural
 
22 activities to which they are accessory, including but not limited
 
23 to farm dwellings as defined in section 205-4.5(a)(4), employee
 

 
Page 4                                                     1379
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 housing, farm buildings, mills, storage facilities, processing
 
 2 facilities, security facilities to safeguard agricultural
 
 3 products and activities, vehicle and equipment storage areas, and
 
 4 roadside stands for the sale of products grown on the premises;
 
 5 wind machines and wind farms; small-scale meteorological, air
 
 6 quality, noise, and other scientific and environmental data
 
 7 collection and monitoring facilities occupying less than one-half
 
 8 acre of land, provided that such facilities shall not be used as
 
 9 or equipped for use as living quarters or dwellings; agricultural
 
10 parks; and open area recreational facilities, including golf
 
11 courses and golf driving ranges; provided that they are not
 
12 located within agricultural district lands with soil classified
 
13 by the land study bureau's detailed land classification as
 
14 overall (master) productivity rating class A or B.
 
15      These districts may include areas which are not used for, or
 
16 which are not suited to, agricultural and ancillary activities by
 
17 reason of topography, soils, and other related characteristics."
 
18      SECTION 3.  Section 205-4.5, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  Within the agricultural district all lands with soil
 
21 classified by the land study bureau's detailed land
 
22 classification as overall (master) productivity rating class A or
 
23 B shall be restricted to the following permitted uses:
 

 
Page 5                                                     1379
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (1)  Cultivation of crops, including but not limited to
 
 2           flowers, vegetables, foliage, fruits, forage, and
 
 3           timber;
 
 4      (2)  Game and fish propagation;
 
 5      (3)  Raising of livestock, including but not limited to
 
 6           poultry, bees, fish, or other animal or aquatic life
 
 7           that are propagated for economic or personal use;
 
 8      (4)  Farm dwellings, employee housing, farm buildings, or
 
 9           activity or uses related to farming and animal
 
10           husbandry;
 
11           Farm dwelling as used in this paragraph means a single-
 
12           family dwelling located on and used in connection with
 
13           a farm, including clusters of single-family farm
 
14           dwellings permitted within agricultural parks developed
 
15           by the State, or where agricultural activity provides
 
16           income to the family occupying the dwelling;
 
17      (5)  Public institutions and buildings which are necessary
 
18           for agricultural practices;
 
19      (6)  Public and private open area types of recreational uses
 
20           including day camps, picnic grounds, parks, and riding
 
21           stables, but not including dragstrips, airports, drive-
 
22           in theaters, golf courses, golf driving ranges, country
 
23           clubs, and overnight camps;
 

 
Page 6                                                     1379
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (7)  Public, private, and quasi-public utility lines and
 
 2           roadways, transformer stations, communications
 
 3           equipment buildings, solid waste transfer stations,
 
 4           major water storage tanks, and appurtenant small
 
 5           buildings such as booster pumping stations, but not
 
 6           including offices or yards for equipment, material,
 
 7           vehicle storage, repair or maintenance, or treatment
 
 8           plants, or corporation yards, or other like structures;
 
 9      (8)  Retention, restoration, rehabilitation, or improvement
 
10           of buildings or sites of historic or scenic interest;
 
11      (9)  Roadside stands for the sale of agricultural products
 
12           grown on the premises;
 
13     (10)  Buildings and uses, including but not limited to mills,
 
14           storage, and processing facilities, maintenance
 
15           facilities, security facilities to safeguard
 
16           agricultural products and activities, and vehicle and
 
17           equipment storage areas that are normally considered
 
18           directly accessory to the abovementioned uses and are
 
19           permitted under section 205-2(d);
 
20     (11)  Agricultural parks; or
 
21     (12)  Wind energy facilities, including the appurtenances
 
22           associated with the production and transmission of wind
 
23           generated energy; provided that such facilities and
 

 
Page 7                                                     1379
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           appurtenances are compatible with agriculture uses and
 
 2           cause minimal adverse impact on agricultural land."
 
 3      SECTION 4.  New statutory material is underscored.
 
 4      SECTION 5.  This Act shall take effect upon its approval.