STAND. COM. REP. 446

Honolulu, Hawaii

, 2003

RE: H.B. No. 526

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 526 entitled:

"A BILL FOR AN ACT RELATING TO HOME OCCUPATIONS WITHIN AGRICULTURAL DISTRICTS,"

begs leave to report as follows:

The purpose of this bill is to authorize the counties to allow home occupations in agricultural districts without requiring a special permit.

Supporting testimony was received from the Department of Agriculture, Office of Planning, the Land Use Commission, the Planning Department of the County of Hawaii, Hawaii Farm Bureau and the Maui County Farm Bureau. Hawaii's Thousand Friends opposed this measure.

Your Committee finds that farming is a most necessary but difficult endeavor and that farmers often need to supplement their income to make ends meet.

Your Committee believes that it is appropriate to allow certain types of incidental, non-farming activities to enable farmers to survive and therefor remain in farming as their primary occupation. In addressing this need, however, your Committee is also aware that safeguards must also be implemented to ensure that the agricultural characteristics of the land are maintained and that this privilege is not abused.

Your Committee has amended this bill by:

(1) Stipulating that the counties:

(A) May allow home occupations if agricultural use is the predominant activity in the permitted structure; and

(B) May determine the maximum size of the home occupation;

(2) Grandfathering home occupations in allowed single family dwellings constructed on lots existing before June 4, 1976.

Amendments were also made for style and clarity.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 526, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 526, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair