Report Title:

Agricultural and Conservation Districts; Campsites Allowed

Description:

Allows campsites in agricultural and conservation districts.

HOUSE OF REPRESENTATIVES

H.B. NO.

767

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to campsites.

 

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

SECTION 1. The legislature finds that Hawaii is a beautiful island state with each island having its own history and unique offerings. As an island state, it can be difficult for Hawaii's youth to travel among the islands to experience, learn, and study first hand about various parts of the State and to access many of the cultural, historical, and recreational resources available, particularly on Oahu.

The continually increasing costs of interisland airfares has made interisland travel even more difficult and cost prohibitive. However, there is hope in Hawaii Superferry, the Hawaii firm that is planning to start an interisland ferry service. Along with this alternative form of interisland travel, the legislature believes that, as tourism is a significant industry in Hawaii, it is also important to have affordable accommodations available for residents who live here and travel interisland. One type of affordable accommodation that has widespread appeal in the State is camping. With campsites available at or near the ports for the interisland ferry, more residents can travel to and explore the islands in an affordable manner. In order to ensure that both public and privately funded campsites can be developed in conjunction with the start of the interisland ferry in an efficient manner, the legislature believes that camping and campsites with parking should be allowed in agricultural and conservation districts.

The purpose of this Act is to allow camping in the agricultural and conservation districts.

SECTION 2. Section 183C-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department shall establish zones within the conservation district, which shall be restricted to certain uses[.], including camping. The department, by rules, may specify the land uses permitted therein which may include, but are not limited to, farming, flower gardening, operation of nurseries or orchards, growth of commercial timber, grazing, recreational or hunting pursuits, day and overnight camps with parking areas, or residential use. The rules may control the extent, manner, and times of the uses, and may specifically prohibit unlimited cutting of forest growth, soil mining, or other activities detrimental to good conservation practices."

SECTION 3. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Within the agricultural district all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses:

(1) Cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber;

(2) Game and fish propagation;

(3) Raising of livestock, including but not limited to poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use;

(4) Farm dwellings, employee housing, farm buildings, or activity or uses related to farming and animal husbandry;

Farm dwelling as used in this paragraph means a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling;

(5) Public institutions and buildings which are necessary for agricultural practices;

(6) Public and private open area types of recreational uses including day and overnight camps[,] with parking areas, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs[, and overnight camps];

(7) Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, or treatment plants, or corporation yards, or other like structures;

(8) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest;

(9) Roadside stands for the sale of agricultural products grown on the premises;

(10) Buildings and uses, including but not limited to mills, storage, and processing facilities, maintenance facilities, and vehicle and equipment storage areas that are normally considered directly accessory to the abovementioned uses and are permitted under section 205-2(d);

(11) Agricultural parks; or

(12) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that such facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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