SB546 SD1

SECTION 1. Section 205-2, Hawaii Revised Statutes, is amended by:

1. Amending subsection (a) to read as follows:

"(a) There shall be four major land use districts in which all lands in the State shall be placed: urban, rural, agricultural, and conservation. The land use commission shall group contiguous land areas suitable for inclusion in one of these four major districts. The commission shall set standards for determining the boundaries of each district, provided that:

(1) In the establishment of boundaries of urban districts those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included;

(2) In the establishment of boundaries for rural districts, areas of land composed primarily of small farms mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per [~~one-half~~] one acre and a minimum lot size of not less than [~~one-half~~] one acre shall be included, except as herein provided;

(3) In the establishment of the boundaries of agricultural districts the greatest possible protection shall be given to those lands with a high capacity for intensive cultivation; and

(4) In the establishment of the boundaries of conservation districts, the "forest and water reserve zones" provided in Act 234, section 2, Session Laws of Hawaii 1957, are renamed "conservation districts" and, effective as of July 11, 1961, the boundaries of the forest and water reserve zones theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute the boundaries of the conservation districts; provided that thereafter the power to determine the boundaries of the conservation districts shall be in the commission.

In establishing the boundaries of the districts in each county, the commission shall give consideration to the master plan or general plan of the county."

2. Amending subsections (c) and (d) to read as follows:

"(c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per [~~one—half~~] one acre, except as provided by county ordinance pursuant to section 46—4(c), in areas where "city—like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484—1, the commission for good cause may allow one lot of less than [~~one-half~~] one acre, but not less than [~~18,500~~] 37,000 square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on [~~such~~] the lot, provided that all other dwellings in the subdivision shall have a minimum lot size of [~~one-half~~] one acre or [~~21,780~~] 43,400 square feet. [~~Such~~] A petition for a variance may be processed under the special permit procedure. The clustering of dwelling houses may be permitted but shall not diminish the maximum density per one-acre requirement established under this subsection. These districts may include contiguous areas [~~which~~] that are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities.

(d) Agricultural districts shall include:

(1) Activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry;

(2) Farming activities or uses related to animal husbandry, and game and fish propagation;

(3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;

(4) Wind generated energy production for public, private, and commercial use;

(5) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, whether or not conducted on the same premises as the agricultural activities to which they are accessory, including but not limited to farm dwellings as defined in section 205‑4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, vehicle and equipment storage areas, roadside stands for the sale of products grown on the premises, and plantation community subdivisions as defined in section 205‑4.5(a)(12)[;]. For farm dwellings or employee housing, lots shall have a maximum density of not more than one dwelling unit per five acres, unless the land is designated as important agricultural land under section 205-44; provided that the clustering of dwelling units may be permitted but shall not diminish the maximum density per five-acre requirement established in this sentence;

(6) Wind machines and wind farms;

(7) Small‑scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one‑half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;

(8) Agricultural parks;

(9) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165‑2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; and

(10) Open area recreational facilities.

Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205‑4.5(d). Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics."

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

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	546
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII