HomeMy WebLinkAboutCOM 0765.076 2016-2018it. 66rare/'51-1_representing myself and on behalf of
theses residents, who freely signed this Petition to
Prevent Urban Encroachment on Agricultural Lands.
We the undersigned humbly request this Hawaii County Council
to STOP Bill # 112, and prevent any Other Bills or Ordinances
that intend to prohibit and restrict agricultural activities on
Agricultural lands. Thank you very much for your support...
Thank you,
4. 7
s
Attachments:
Petition to Prevent Urban Encroachment on Agricultural lands
*References: 2017 Hawaii Revised Statutes
Hawaii Revised Statutes Title 11,165
Hawaii Revised Statutes Title 13, 205-4.5
Hawaii Revised Statutes Title 13, 205-4.6
Constitution of the State of Hawaii, article XI, Section 3
46mft no
Ref. Dat MAR S 201 ,
I 1kOAA0�c�ti Vl� � Fn�wt, (Az-�
§165-1 Findings and purpose. The legislature finds that when nonagricultural land uses extend into
agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in
the premature removal of lands from agricultural use and may discourage future investments in
agriculture. The legislature also finds that under the Hawaii State Planning Act; it is a declared policy
of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector
of Hawaii's economy." Accordingly, it is the purpose of this chapter to reduce the loss to the State of
its agricultural resources by limiting the circumstances under which farming operations may be
deemed to be a nuisance. [L 1982, c 256, pt of §1; am L 1986, c 242, §1]
§165-2 Definitions. As used in this chapter, unless the context otherwise requires:
"Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or
pursuit conducted, in whole or in part, including the care and production of livestock and livestock
products, poultry and poultry products, apiary products, and plant and animal production for nonfood
uses; the planting, cultivating, harvesting,- and processing of crops; and the farming or ranching of any
plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation"
also includes but shall not be limited to:
(1) Marketed produce at roadside stands or farm markets;
(2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural
facility or pursuit;
(3) Operation of machinery and irrigation pumps;
(4) Ground and aerial seeding and spraying;
(5) The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides;
and
(6) The employment and use of labor.
A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture
operations on land that is zoned for industrial, commercial, or other nonagricultural use shall not, by
reason of that zoning, fall beyond the scope of this definition; provided that those processing
operations form an integral part of operations that otherwise meet the requirements of this definition.
"Nuisance" means any interference with reasonable use and enjoyment of land, including but not
limited to smoke, odors, dust, noise, or vibration; provided that nothing in this chapter shall in any
way restrict or impede the authority of the State to protect the public health, safety, and welfare.
"Nuisance" as used in this chapter, includes all claims that meet the requirements of this definition
regardless of whether a complainant designates such claims as brought in nuisance, negligence,
trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not
include an alleged nuisance that involves water pollution or flooding. [L 1982, c 256, pt of § 1; am L
1986, c 242, §2; am L 1993, c 162, §2; am L 2001, c 26, §1]
[§165-3] Declaration of public purpose. The preservation and promotion of farming is declared to
be in the public purpose and deserving of public support. [L 1982, c 256, pt of §1]
§165-4 Right to farm. No court, official, public servant, or public employee shall declare any
farming operation a nuisance for any reason if the farming operation has been conducted in a manner
consistent with generally accepted agricultural and management practices. There shall be a rebuttable
presumption that a farming operation does not constitute a nuisance. [L 1982, c 256, pt of §1; am L
1986, c 242, §3; am L 2001, c 26, §2]
Revision Note -
Subsection designation deleted pursuant to §23G-15.
[§165-5] Frivolous lawsuits. Any nuisance action, found to be frivolous by the court, in which a
farming operation is alleged to be a nuisance as defined in section 165-2, shall be governed by section
607-14.5. [L 1993, c 162, pt of §1]
Cross References
Vexatious litigants, see chapter 634J.
[§165-6] Liberal construction. This chapter is remedial in nature and shall be liberally construed to
effectuate its purposes. [L 1993, c 162, pt of §1]
205-4.5 'Permissible uses within the agricultural districts.:: 2017 Hawaii Revised Statutes ... Page 1 of 9
View Previous Versions of the Hawaii Revised Statutes
2017 Hawaii Revised Statutes
TITLE 1-3. PLANNING AND ECONOMIC
DEVELOPMENT
205. Land Use Commission'
205-4.5 Permissible uses within the
agricultural districts.
Universal Citation: HI Rev Stat § 205-4.5 (2017)
§205-4.5 Permissible uses within the agricultural districts. (a) [Repeal and
reenactment on June 30, 2019. L 2014, c 52, §3(1).] Within the agricultural district, all lands
with soil classified by the land study bureau's detailed land classification as overall (master)
productivity rating class A or B and for solar energy facilities, class B or C, shall be restricted
to the following permitted uses:
(1) Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits,
forage, and timber;
(2) Game and fish propagation;
(3) Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that are
propagated for economic or personal use;
(4) Farm dwellings, employee housing, farm buildings, or activities or uses related to
farming and animal husbandry. "Farm dwelling", as used in this paragraph, means a single-
family dwelling located on and used in connection with a farm, including clusters of single-
family farm dwellings permitted within agricultural parks developed by the State, or where
agricultural activity provides income to the family occupying the dwelling;
(5) Public institutions and buildings that are necessary for agricultural practices;
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(6) Public and private open area types of recreational uses, including day camps, picnic
grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters,
golf courses, golf driving ranges, country clubs, and overnight camps;
(7) Public, private, and quasi -public utility lines and roadways, transformer stations,
communications equipment buildings, solid waste transfer stations, major water storage
tanks, and appurtenant small buildings such as booster pumping stations, but not including
offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment
plants, corporation yards, or other similar structures;
(8) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or
scenic interest;
(9) Agricultural -based commercial operations as described in section 205-2(d)(15);
(1o) Buildings and uses, including mills, storage, and processing facilities, maintenance
facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing
energy solely for use in the agricultural activities of the fee or leasehold owner of the
property, and vehicle and equipment storage areas that are normally considered directly
accessory to the above-mentioned uses and are permitted under section 205-2(d);
(11) Agricultural parks;
(12) Plantation community subdivisions, which as used in this chapter means an established
subdivision or cluster of employee housing, community buildings, and agricultural support
buildings on land currently or formerly owned, leased, or operated by a sugar or pineapple
plantation; provided that the existing structures may be used or rehabilitated for use, and
new employee housing and agricultural support buildings may be allowed on land within the
subdivision as follows:
(A) The employee housing is occupied by employees or former. employees of the plantation
who have a property interest in the land;
(B) The employee housing units not owned by their occupants shall be rented or leased at
affordable rates for agricultural workers; or ,
(C) The agricultural support buildings shall be rented or leased to agricultural business
operators or agricultural support services;
(13) 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
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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;
(14) Agricultural tourism activities, including overnight accommodations of twenty-one days
or less, for any one stay within a county; provided that this paragraph shall apply only to a
county that includes at least three islands and has adopted ordinances regulating
agricultural tourism activities pursuant to section 205-5; provided further that the
agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes
of this paragraph, "bona fide agricultural activity" means a farming operation as defined in
section 165-2;
(15) Wind energy facilities, including the appurtenances associated with the production and
transmission of wind generated energy; provided that the wind energy facilities and
appurtenances are compatible with agriculture uses and cause minimal adverse impact on
agricultural land;
(16) Biofuel processing facilities, including the appurtenances associated with the
production and refining of biofuels that is normally considered directly accessory and
secondary to the growing of the energy feedstock; provided that biofuel processing facilities
and appurtenances do not adversely impact agricultural land and other agricultural uses in
the vicinity.
For the purposes of this paragraph:
"Appurtenances" means operational infrastructure of the appropriate type and scale for
economic commercial storage and distribution, and other similar handling of feedstock,
fuels, and other products of biofuel processing facilities.
"Biofuel processing facility" means a facility that produces liquid or gaseous fuels from
organic sources such as biomass crops, agricultural residues, and oil crops, including palm,
canola, soybean, and waste cooking oils; grease; food wastes; and animal residues and
wastes that can be used to generate energy;
(17) Agricultural -energy facilities, including appurtenances necessary for an agricultural -
energy enterprise; provided that the primary activity of the agricultural -energy enterprise is
, agricultural activity. To be considered the primary activity of an agricultural -energy
enterprise, the total acreage devoted to agricultural activity shall be not less than ninety per
cent of the total acreage of the agricultural -energy enterprise. The agricultural -energy
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facility shall be limited to lands owned, leased, licensed, or operated by the entity
conducting the agricultural activity.
As used in this paragraph:
"Agricultural activity" means any activity described in paragraphs (1) to (3) of this
subsection.
"Agricultural -energy enterprise" means an enterprise that integrally incorporates an
agricultural activity with an agricultural -energy facility.
"Agricultural -energy facility" means a facility that generates, stores, or distributes renewable
energy as defined in section 269-91 or renewable fuel including electrical or thermal energy
or liquid or gaseous fuels from products of agricultural activities from agricultural lands
located in the State.
"Appurtenances" means operational infrastructure, of the appropriate type and scale for the
economic commercial generation, storage, distribution, and other similar handling of
energy, including equipment, feedstock, fuels, and other products of agricultural -energy
facilities;
(18) Construction and operation of wireless communication antennas; provided that, for the
purposes of this paragraph, "wireless communication antenna" means communications
equipment that is either freestanding or placed upon or attached to an already existing
structure and that transmits and receives electromagnetic radio signals used in the
provision of all types of wireless communications services; provided further that nothing in
this paragraph shall be construed to permit the construction of any new structure that is not
deemed a permitted use under this subsection;
(19) Agricultural education programs conducted on a farming operation as defined in
section 165-2, for the education and participation of the general public; provided that the
agricultural education programs are accessory and secondary to the principal agricultural
use of the parcels or lots on which the agricultural education programs are to occur and do
not interfere with surrounding farm operations. For the purposes of this paragraph,
"agricultural education programs" means activities or events designed to promote
knowledge and understanding of agricultural activities and practices conducted on a
farming operation as defined in section 165-2;
(20) Solar energy facilities that do not occupy more than ten per cent of the acreage of the
parcel, or twenty acres of land, whichever is lesser or for which a special use permit is
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granted pursuant to section 205-6; provided that this use shall not be permitted on lands
with soil classified by the land study bureau's detailed land classification as overall (master)
productivity rating class A unless the solar energy facilities are:
(A) Located on a paved or unpaved road in existence as of December 31, 2013, and the
parcel of land upon which the paved or unpaved road is located has a valid county
agriculture tax dedication status or a valid agricultural conservation easement;
(B) Placed in a manner that still allows vehicular traffic to use the road; and
(C) Granted a special use permit by the commission pursuant to section 205-6;
(21) Solar energy facilities on lands with soil classified by the land study bureau's detailed
land classification as overall (master) productivity rating B or C for which a special use
permit is granted pursuant to section 205-6; provided that:
(A) The area occupied by the solar energy facilities is also made available for compatible
agricultural activities at a lease rate that is at least fifty per cent below the fair market rent
for comparable properties;
(B) Proof of financial security to decommission the facility is provided to the satisfaction of
the appropriate county planning commission prior to date of commencement of commercial
generation; and
(C) Solar energy facilities shall be decommissioned at the owner's expense according to the
following requirements:
(i) Removal of all equipment related to the solar energy facility within twelve months of the
conclusion of operation or useful life; and
(ii) Restoration of the disturbed earth to substantially the same physical condition as existed
prior to the development of the solar energy facility.
For the purposes of this paragraph, "agricultural activities" means the activities described in
paragraphs (1) to (3);
(22) Geothermal resources exploration and geothermal resources development, as defined
under section 182-1; or
(23) Hydroelectric facilities, including the appurtenances associated with the production
and transmission of hydroelectric energy, subject to section 205-2; provided that the
hydroelectric facilities and their appurtenances:
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(A) Shall consist of a small hydropower facility as defined by the United States Department
of Energy, including:
(i) Impoundment facilities using a dam to store water in a reservoir;
(ii) A diversion or run -of -river facility, that channels a portion of a river through a canal or
channel; and
(iii) Pumped storage facilities that store energy by pumping water uphill to a reservoir at
higher elevation from a reservoir at a lower elevation to be released to turn a turbine to
generate electricity;
(B) Comply with the state water` code, chapter 174C;
(C) Shall, if over five hundred kilowatts in hydroelectric generating capacity, have the
approval of the commission on water resource management, including a new instream flow
standard established for any new hydroelectric facility; and
(D) Do not impact or impede the use of agricultural land or the availability of'surface or
ground water for all uses on all parcels that are served by the ground water sources or
streams for which hydroelectric facilities are .considered.
(b) Uses not expressly permitted in subsection (a) shall be prohibited, except the uses
permitted as provided in sections 205-6 and 205-8, and construction of single-family
dwellings on lots existing before June 4, 1976. Any other law to the contrary
notwithstanding, no subdivision of land within the agricultural district with soil classified by
the land study bureau's detailed land classification as overall (master) productivity rating
class A or B shall be approved by a county unless those A and B lands within the subdivision
are made subject to the restriction on uses as prescribed in this section and to the condition
that the uses shall be primarily in pursuit of an agricultural activity.
Any deed, lease, agreement of sale, mortgage, or other instrument of conveyance covering
any land within the agricultural subdivision shall expressly contain the restriction on uses
and the condition, as prescribed in this section that these restrictions and'conditions shall
be encumbrances running with the land until such time that the land is reclassified to a land
use district other than agricultural district.
If the foregoing requirement of encumbrances running with the land jeopardizes the owner
or lessee in obtaining mortgage financing from any of the mortgage lending agencies set
forth in the following paragraph, and the requirement is the sole reason for failure to obtain
mortgage financing, then the requirement of encumbrances shall, insofar as such mortgage
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financing is jeopardized, be conditionally waived by the appropriate county enforcement
officer; provided that the conditional waiver shall become effective only in the event that the
property is subjected to foreclosure proceedings by the mortgage lender.
The mortgage lending agencies referred to in the preceding paragraph are the Federal
Housing Administration, Federal National Mortgage Association, Department of Veterans
Affairs, Small Business Administration, United States Department of Agriculture, Federal
Land Bank of Berkeley, Federal Intermediate Credit Bank of Berkeley, Berkeley Bank for
Cooperatives, and any other federal, state, or private mortgage lending agency qualified to
do business in Hawaii, and their respective successors and assigns.
(c) Within the agricultural district, all lands with soil classified by the land study bureau's
detailed land classification as overall (master) productivity rating class C, D, E, or U shall be
restricted to the uses permitted for agricultural districts as set forth in section 205-5(b).
(d) Notwithstanding any other provision of this chapter to the contrary, golf courses and golf
driving ranges approved by a county before July 1, 2005, for development within the
agricultural district shall be permitted uses within the agricultural district.
(e) Notwithstanding any other provision of this chapter to the contrary, plantation
community subdivisions as defined in this section shall be permitted uses within the
agricultural district, and section 205-8 shall not apply.
[(f)] Notwithstanding any other law to the contrary, agricultural lands may be subdivided
and leased for the agricultural uses or activities permitted in subsection (a); provided that:
(1) The principal use of the leased land is agriculture;
(2) No permanent or temporary dwellings or farm dwellings, including trailers and campers,
are constructed on the leased area. This restriction shall not prohibit the construction of
storage sheds, equipment sheds, or other structures appropriate to the agricultural activity
carried on within the lot; and
(3) The lease term for a subdivided lot shall be for at least as long as the greater of:
(A) The minimum real property tax agricultural dedication period of the county in which the
subdivided lot is located; or
(B) Five years.
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Lots created and leased pursuant to this section shall be legal lots of record for mortgage
lending purposes and shall be exempt from county subdivision standards. [L 1976, c 199, §1;
am L 1977, c 136, §1; am L 198o, c 243 §3; am L 1982, c 217, §1; am L 1991, c 281, §3; am L
1997, c 2583 §11; am L 2005, c 205, §3; am L 20o6, c 2379 §4, c 250, §2, and c 271, §1; am L
2007, c 159, §3 and c 171, §1; am L 2oo8, c 145 §3; am L 2009, c 53, §1; am L 20115 c 217, §3;
am L 2012, c 97, §7, c 113, §3, c 167, §2, and c 329, §4; am L 2014, c 52, §1 and c 55, §3; am L
20152 c 2282 §3; am L 2016, c 173, §3; am L 20172 c 122 §1]
Note
Any solar energy facility permitted under L 2014, c 52 as of June 30, 2019, shall continue to
be permissible under the provisions of c 52 until the end of its operable life. L 2014, c 52, §3
(2)
The following acts exempted their amendments from the June 30, 2019 repeal and
reenactment condition of L 2014, c 52, §3(1):
L 20149 c 55. L 2014 c 55� §5, as amended by L 2016, c 55, §52•
L 20155 c 228. L 20159 c 228, §5-
L 2016, c 173. L 20167 c 173, §5, as amended by L 2017, c 12, §79.
Law Journals and Reviews
Avoiding the Next Hokuli' a: The Debate over Hawai' is Agricultural Subdivisions. 27 UH L.
Rev. 441(2005).
Case Notes
Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), assuming it was
constitutional, did not facially invalidate Hawaii's land use law, where plaintiffs challenged
this section and §205-6 to the extent the sections required a religious organization to obtain
a special use permit, as violations of the "equal terms" and "nondiscrimination" provisions
of the RLUIPA. 229 F. Supp. 2d 1056 (2002).
"Communications equipment buildings" and "utility lines" in subsection (a)(7) do not
encompass "telecommunications antennas" or "transmission antennas" such as a cellular
telephone tower; public utility thus had to apply for a special permit under §205-6 to place
the tower in a state agricultural district. 90 H. 3849 978 P•2d 822 (1999)•
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Under subsection (a)(4) and (1o), a chimney and garage are permitted as accessories to a
farm dwelling; however, utilizing the chimney to conceal an antenna and the garage to
house communication equipment were not permitted uses under either subsection (a)(4) or
(1o). 1o6 H. 343,104 P•3d 930 (2005).
Under the circumstances of the case, the residence and the chimney with the concealed
antenna constituted a "communications equipment building" and, thus, were permitted uses
under subsection (a)(7); also, as the garage was not abnormally large and was designed
specifically to store the communications equipment for the concealed antenna, utilizing the
permitted garage structure to house the communications equipment for the antenna was a
permitted use under subsection (a)(7). 1o6 H. 343,104 P•3d 930 (2005).
Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate
information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the
information contained on this site or the information linked to on the state site. Please check official
sources.
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205-4.6 Private restrictions on agricultural uses and activities; not allowed.:: 2017 Hawai... Page 1 of 2
View Previous Versions of the Hawaii Devised Statutes
201.7 Hawaii Revised Statutes
TITLE 13. PLANNING AND ECONOMIC
DEVELOPMENT
205. Land Use Commission
205-4.6 Private restrictions on
agricultural uses and activities; not
allowed.
Universal Citation: HI Rev Stat § 205-4.6 (2017)
§205-4.6 Private restrictions on agricultural uses and activities; not allowed. (a)
[Subsection effective until December 31, 2o18. For subsection effective January 1, 2019, see
below.] Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on
lands classified as agricultural shall riot be restricted by any private agreement contained in
any:
(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of
conveyances after July 8, 2003, that subject such agricultural lands to any servitude,
including but not limited to covenants, easements, or equitable and reciprocal negative
servitudes; and
(2) Condominium declaration, map, bylaws, and other documents executed and submitted
in accordance with chapter 514A or 514B.
Any such private restriction limiting or prohibiting agricultural use or activity shall be
voidable, subject to special restrictions enacted by the county ordinance pursuant to section
46-4; except that restrictions taken to protect environmental or cultural resources,
agricultural leases, utility easements, and access easements shall not be subject to this
section.
(a) [Subsection effective January 1, 2019. For subsection effective until December 31, 2ol8,
see above.] Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a)
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on lands classified as agricultural shall -not be restricted by any private agreement contained
in any:
(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of
conveyances after July 8, 2003, that subject such agricultural lands to any servitude,
including but not limited to covenants, easements, or equitable and reciprocal negative
servitudes; and
(2) Condominium declaration, map, bylaws, and other documents executed and submitted
in accordance with chapter 514B or any predecessor thereto.
Any such private restriction limiting or prohibiting agricultural use or activity shall be
voidable, subject to special restrictions enacted by the county ordinance pursuant to section
46-4; except that restrictions taken to protect environmental or cultural resources,
agricultural leases, utility easements, and access easements shall not be subject to this
section.
(b) For purposes of this section, "agricultural leases" means leases where the leased land is
primarily utilized for purposes set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am L
2004, c 170, §1; am L 2014, c 49, §2; am L 2017, c 181, §71
Law Journals and Reviews
"Urban Type Residential Communities in the -Guise of Agricultural Subdivisions:"
Addressing an Impermissible Use of Hawai' is Agricultural District. 25 UH L. Rev. 199
(2002).
Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate
information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the
information contained on this site or the information linked to on the state site. Please check official
sources.
https:lllaw justia.comlcodeslhawaiil2017/title-13/chapter-205/section-205-4.6/ 2/16/2018
Hawaii State Constitution - Article X1 Conservation, Control and Development of Resour... Page 5 of 11
lands11.3
Agricultural
The State shall conserve and protect agricultural lands,
promote diversified agriculture, increase agricultural self-
sufficiency and assure the availability of agriculturally
suitable lands. The legislature shall provide standards and
criteria to accomplish the foregoing.
Lands identified by the State as important agricultural
lands needed to fulfill the purposes above shall not be
reclassified by the State or rezoned by its political
subdivisions without meeting the standards and criteria
established by the legislature and approved by a two-
thirds vote of the body responsible for the reclassification
or rezoning action. [Add Const Con 1978 and election Nov
7,19781
Maha'ulepu v. Land Use Commission: A Symbol of
Change; Hawaii's Land Use Law Allows Golf Course
Development on Prime Agricultural Land by Special
Use Permit. 13 UH L. Rev. 205.
Is Agricultural Land in Hawaii "Ripe" for a Takings
Analysis? 24 UH L. Rev. 121.
"Urban Type Residential Communities in the Guise of
Agricultural Subdivisions:" Addressing an
Impermissible Use of Hawai`i's Agricultural District. 25
UH L. Rev. 199.
Avoiding the Next Hokuli`a: The Debate over Hawai`i's
Agricultural Subdivisions. 27 UH L. Rev. 441.
Unconstitutional if applied to deny importation of out-
of-state goods for no reason other than goods traveled
in interstate commerce. 590 F. Supp. 775.
This section requires legislative action to become
operative; the nature of the required legislative action,
at the least, is the adoption of standards and criteria;
because this section is not "complete in itself', it
requires implementing legislation. 102 H. 4652 78 P.3d
1.
haps://www.lwv-hawaii.com/govt/constitution/artI l .htm 3/8/2018
205-4.6 Private restrictions on agricultural uses and activities; not allowed.:: 2017 Hawai... Page 2 of 2
on lands classified as agricultural shall not be restricted by any private agreement contained
in any:
(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of
conveyances after July 8, 2003, that subject such agricultural lands to any servitude,
including but not limited to covenants, easements, or equitable and reciprocal negative
servitudes; and
(2) Condominium declaration, map, bylaws, and other documents executed and submitted
in accordance with chapter 514B or any predecessor thereto.
Any such private, restriction limiting or prohibiting agricultural use or activity shall be
voidable, subject to special restrictions enacted by the county ordinance pursuant to section
46-4; except that restrictions taken to protect environmental or cultural resources,
agricultural leases, utility easements, and access easements shall not be subject to this
section.
(b) For purposes of this section, "agricultural leases" means leases where the leased land is
primarily utilized for purposes set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am L
2004, c 170, §1; am L 2014, c 49, §2; am L 2017, c 181, §7]
Law Journals and Reviews
"Urban Type Residential Communities in the Guise of Agricultural Subdivisions:"
Addressing an Impermissible Use of Hawai % is Agricultural District. 25 UH L. Rev. 199
(2002).
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information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the
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https:lllaw justia.comlcodeslhawaiil2017/title-13/chapter-205/section-205-4.6/ 3/8/2018