RES 156 Draft 01 2012-2014 - Laserfiche WebLink

Home

38 that may result in the premature removal of lands from 39 agricultural use and may discourage future investments in 40 agriculture . The legislature also finds that under the Hawaii 41 State Planning Act, it is a declared policy of this State to 42 "foster attitudes and activities conducive to maintaining 43 agriculture as a major sector of Hawaii ' s economy. " 44 Accordingly, it is the purpose of this chapter to reduce the 45 loss to the State of its agricultural resources by limiting the 46 circumstances under which farming operations may be deemed to be 47 a nuisance. Whereas the Counties also have jurisdiction regarding 48 agriculture under HRS 46-4 , as a matter of health, life, and 49 well-being of its residents, this Act is however not meant to 50 abrogate that right of local county government to regulate 51 agricultural technologies in a manner that is consistent with 52 the long term health and well-being of its residents, the 53 environment, and its cultural identity. 54 55 SECTION 3 . Section 165-4 , Hawaii Revised Statutes, is 56 amended to read as follows : 57 58 Right to farm. No court, official, public servant, or public 59 employee shall declare any farming operation a nuisance for any 60 reason if the farming operation has been conducted in a manner 61 consistent with generally accepted agricultural and management 62 practices . There shall be a rebuttable presumption that a 63 farming operation does not constitute a nuisance . 64 Notwithstanding any other provision of this Act or any law that 65 may otherwise be interpreted as inconsistent herewith, each 66 county through its county council has the right to regulate the 67 cultivation of genetically modified crops . 68 69 SECTION 4 . New statutory material is underscored. 70 71 SECTION 5 . This Act shall take effect upon its approval . 72 73 INTRODUCED BY: 74 2