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Aloha, <br />The Department of Planning received your inquiry regarding zoning regulations applicable <br />to properties within the Family Agricultural (FA-2a) zoning district. <br />Please see our response below: <br />1. Setback Requirements — 75 feet vs. 30/20 feet <br />Section 25-5-56 of the Hawaii County Code establishes minimum yard requirements within <br />the FA district, generally requiring setbacks of thirty (30) feet for front and rear yards and <br />twenty (20) feet for side yards. <br />However, Section 25-5-62(15) provides that any barn, shed, stable, hutch, corral, run, or <br />other enclosure for the keeping of livestock or permitted animals shall be located at least <br />seventy-five (75) feet from any lot line. <br />Accordingly, where a structure or area is used for the keeping or confinement of livestock, <br />the seventy-five (75) foot separation requirement applies and controls over the standard <br />yard setbacks. <br />2. Density (Number) of Birds <br />Chapter 25 does not establish a specific numerical limit on the number of chickens <br />(roosters) permitted within the FA zoning district. Agricultural uses, including the raising of <br />poultry, are permitted; however, such use must remain consistent with agricultural <br />purposes and comply with applicable standards of the Code. <br />3. Fenced Areas Under Eight (8) Feet in Height <br />Fences under eight (8) feet in height are generally exempt from standard yard setback <br />requirements. However, this exemption does not apply where the fenced area is used for <br />the sheltering or confinement of livestock. <br />If a fenced area functions as an enclosure for livestock, the seventy-five (75) foot <br />separation requirement from property lines, as set forth in Section 25-5-62(15), still applies <br />regardless of fence height. <br />4. "Rooster Teepees" as Enclosures <br />Chapter 25 regulates structures based on their function. Any structure used for the <br />sheltering, housing, or confinement of animals —regardless of its form or permanence — <br />may be considered an enclosure under the Code. <br />Accordingly, structures such as "rooster teepees," if used to house or confine animals, <br />would be subject to applicable enclosure requirements, including the seventy-five (75) foot <br />setback. <br />5. Applicability of HOA CC&Rs <br />County zoning regulations and private Homeowners Association (HOA) Covenants, <br />Conditions, and Restrictions (CC&Rs) operate independently. <br />The Department of Planning enforces Chapter 25 of the Hawaii County Code but does not <br />enforce private CC&Rs. Property owners remain responsible for compliance with both. <br />