Ag Lands; Cottage Industries

Allows single family dwellings on but not used in connection with
a farm, home occupations, and cottage industries on agricultural
district lands.

THE SENATE                              S.B. NO.           767
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that agricultural district
 2 lands "may include areas which are not used for, or which are not
 3 suited to, agricultural and ancillary activities by reason of
 4 topography, soils, and other related characteristics."  Section
 5 205-4.5, Hawaii Revised Statutes, allows the use of land within
 6 detailed land classification A or B to include among other uses,
 7 "Public and private open area types of recreational uses
 8 including...camps, picnic grounds, and parks...."  Section
 9 205-4.5, Hawaii Revised Statutes, does not however, allow single
10 family residences, home occupations, or cottage industries within
11 the agricultural districts without related agricultural activity.
12 In our changing agricultural economy, the restrictions on these
13 uses will impose hardship and a longer period of transition into
14 new economies.  The purpose of this Act is to allow for single
15 family dwellings located on and not connected with a farm, home
16 occupations, and cottage industries in the agricultural district.
17      SECTION 2.  Section 205-2, Hawaii Revised Statutes, is
18 amended by amending subsection (d) to read as follows:
19      "(d)  Agricultural districts shall include activities or

Page 2                                                     
                                     S.B. NO.           767

 1 uses as characterized by the cultivation of crops, orchards,
 2 forage, and forestry; farming activities or uses related to
 3 animal husbandry, aquaculture, and game and fish propagation; 
 4 aquaculture, which means the production of aquatic plant and
 5 animal life for food and fiber within ponds and other bodies of
 6 water; wind generated energy production for public, private, and
 7 commercial use; bona fide agricultural services and uses which
 8 support the agricultural activities of the fee or leasehold owner
 9 of the property and accessory to any of the above activities,
10 whether or not conducted on the same premises as the agricultural
11 activities to which they are accessory, including but not limited
12 to farm dwellings as defined in section 205-4.5(a)(4), employee
13 housing, farm buildings, mills, storage facilities, processing
14 facilities, vehicle and equipment storage areas, and roadside
15 stands for the sale of products grown on the premises; wind
16 machines and wind farms; small-scale meteorological, air quality,
17 noise, and other scientific and environmental data collection and
18 monitoring facilities occupying less than one-half acre of land,
19 provided that such facilities shall not be used as or equipped
20 for use as living quarters or dwellings; agricultural parks;
21 [and] open area recreational facilities, including golf courses
22 and golf driving ranges; and home occupations, cottage
23 industries, and single family dwellings located on but not used

Page 3                                                     
                                     S.B. NO.           767

 1 in connection with a farm; provided that they are not located
 2 within agricultural district lands with soil classified by the
 3 land study bureau's detailed land classification as overall
 4 (master) productivity rating class A or B[.]; provided further
 5 that the counties may specify permitted areas for single family
 6 dwellings, home occupations, and cottage industries and may
 7 further specify permitted occupations and industries.
 8      These districts may include areas which are not used for, or
 9 which are not suited to, agricultural and ancillary activities by
10 reason of topography, soils, and other related characteristics."
11      SECTION 3. Statutory material to be repealed is bracketed.
12 New statutory material is underscored.
13      SECTION 4. This Act shall take effect upon its approval.
15                               INTRODUCED BY: ___________________