Report Title:

Agriculture; Right To Farm

Description:

Prohibits any industrial, commercial, or residential development or infrastructure serving the development within          feet from the property line of any parcel on which bona fide farming operations have been conducted for at least       years prior to the development. (HB408 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	408
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

relating to agriculture.

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

     SECTION 1.  Chapter 165, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§165-  Development; farming operations. Nonagricultural development shall not be permitted within              feet of the property line of any parcel on which bona fide farming operations have been conducted for at least        years prior to the development.

For purposes of this section:

"Bona fide farming operations" means agricultural activity recognized as such by the department of taxation.  Nonagricultural development" means any development of real property for residential, commercial, or industrial purposes, or any infrastructure intended to serve residential, commercial, or industrial development."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.