HomeMy WebLinkAboutPD BACKGROUND & RECOMMENDATION REPORTS (PL-CCI-2025-000011)-1-
BR-CCInitiated-HouseholdHenneries.doc 6/2/2025
COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION
COUNTY COUNCIL INITIATED (PL-CCI-2025-000011) AMENDMENT TO CHAPTER 25, ARTICLE 1, ARTICLE 4, AND ARTICLE 5 OF THE
HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ZONING DISTRICT REGULATIONS FOR HENNERIES
The County Council has referred a bill for an ordinance to amend Chapter 25 (Zoning), Article 1,
Article 4, and Article 5 of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to
henneries. The Zoning Code does not currently allow for henneries to be located within the
residential districts. The purpose of this bill is to allow for household henneries to be established
in certain residential zoning districts under defined conditions.
PURPOSE OF BILL 52
The Hawaiʻi County Council has introduced Bill No. 52 (Planning Department Exhibit 1),
which seeks to amend Chapter 25 (Zoning), Article 1, Article 4, Article 5 of the Hawaiʻi County
Code 1983 (2016 Edition, as amended) (hereinafter HCC) to establish clear and consistent
zoning regulations for household henneries within residential zoning districts. The bill defines a
household hennery, and proposes standards addressing the location, size, and operation of
household henneries to support self-sufficiency in urban/residential areas, safeguard public
health and welfare, and promote compatibility with surrounding properties.
PROPOSED AMENDMENTS HCC CHAPTER 25 (ZONING)
1. Add a definition for Household Hennery to the Zoning Code:
• Bill 52 seeks to amend Article 1, Section 25-1-5 (Definitions) of Chapter 25
(Zoning) by adding the following definition: “Household hennery means a parcel
or lot, where female chickens, turkeys, ducks, geese, or other poultry are kept,
raised, and maintained for the non-commercial production and consumption of
eggs.”
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2. Add standards for Household Hennery:
• Bill 52 seeks to add section 25-4-17 (Household henneries) to Article 4, Division
1 of the Zoning Code outlining specific standards for the establishment and
maintenance of household henneries as follows:
“Section 25-4-17. Household henneries.
Household henneries are permitted in the RS, RD, RM, and RCX districts, subject
to the following regulations:
(1) Hens must be confined to a coop, cage, hutch, hen house, fenced area, or other
enclosure:
(A) No closer than twenty feet from any residential district other than RA;
and
(B) Complying with the yard requirements of the zoning district;
(2) The number of hens may not exceed:
(A) Two hens for the first three thousand square feet of the building site
area; and
(B) One more hen for each one thousand square feet of area greater than
three thousand square feet;
(3) Roosters may not be kept on a household hennery; and
(4) The sale of hens or eggs from a household hennery is prohibited.”
3. Amend the permitted uses sections of the Zoning Code to add household henneries
as a permitted use in the RS, RD, RM and RCX zoning district to read as follows:
“Household henneries, as permitted under section 25-4-17.”
AGENCY COMMENTS
3. County of Hawaiʻi Research and Development: (Planning Department Exhibit 2 –
May 28, 2025 Memo)
AGENCY COMMENTS – NO COMMENTS/CONCERNS
4. State Office of Planning and Sustainable Development.
AGENCY COMMENTS – NO RESPONSE PROVIDED
5. Real Property Tax Office; State Department of Health; State Department of Agriculture;
U.S. Fish and Wildlife Service.
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PUBLIC COMMENTS PROVIDED
6. As of the date of this report, no written public comments have been received regarding
Bill 52.
PLANNING ANALYSIS OF THE IMPACTS OF BILL 52
Under the County’s current Zoning Code, the keeping of poultry, including hens, is not
identified as a permitted or accessory use within Single-Family Residential (RS), Double-Family
Residential (RD), Multiple-Family Residential (RM), or Residential-Commercial Mixed Use
(RCX) zoning districts. These districts are principally intended to support dwelling units and
compatible accessory uses that uphold a residential character of the neighborhood. Animal-
related uses in these districts are generally limited to domestic household pets, such as dogs, cats,
and similar animals, in order to maintain neighborhood compatibility and minimize potential
nuisance impacts.
Agricultural activities, including the keeping of livestock and poultry, are generally
permitted within Agricultural (A), Family Agricultural (FA), and Residential Agricultural (RA)
zoning districts. These districts are intended to support rural and agricultural lifestyles, where
such uses are consistent with the underlying character of the area.
Bill No. 52 proposes to allow small-scale poultry keeping, specifically henneries, within
residential zoning districts where they are currently prohibited. This measure represents a
proactive policy shift that acknowledges increasing community interest in food self-reliance,
local agriculture, and sustainable living practices. By enabling residents to raise hens (female
chickens) for personal egg production, the bill aims to enhance opportunities for household-level
food production in a manner that aligns with evolving community values and sustainability
goals. Roosters (male chickens) are prohibited in a household hennery.
To ensure compatibility within existing residential environments, Bill 52 includes
standards and controls such as limits on the number of hens, hennery enclosure requirements,
and minimum setback distances from property lines. These standards are critical for preventing
adverse impacts, such as noise, odor, or attraction of pests, and help maintain the residential
character of neighborhoods while expanding resident access to small-scale agricultural
opportunities to increase food self-sufficiency.
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PLANNING DIRECTOR’S RECOMMENDATION
The Planning Director is supportive of the intent of Bill 52 and commends the County
Council for its leadership in advancing legislation that promotes small-scale food production,
enhances community resilience, and supports the goals of sustainability and food self-
sufficiency. Allowing household henneries within appropriate residential zoning districts
provides residents with an opportunity to engage in personal agriculture, while strengthening
Hawai‘i Island’s local food systems.
To support the successful implementation of Bill 52 and to ensure further compatibility
within residential neighborhoods, public health, and quality of life, the Planning Director
respectfully recommends the following revisions to strengthen the bill:
Recommendation #1:
Revise the definition of "Household hennery" to state:
“…an outdoor site on a parcel or lot that is an accessory use to a dwelling, where female
chickens [turkeys, ducks, geese, or other poultry] are kept, raised, and maintained for the non-
commercial production and consumption of eggs.”
Reason: To more clearly align the definition of “Household hennery” with the intent of the bill
by emphasizing its role as a residential accessory use dedicated to personal food production. The
revision reinforces that such use is subordinate to the primary residential dwelling, consistent
with the purpose of residential zoning districts. Additionally, removing references to other types
of poultry (e.g., turkeys, ducks, geese), will help minimize potential nuisance impacts, such as
excessive noise, odor, and sanitation concerns that are more likely to arise from larger or more
disruptive species of fowl, thereby supporting residential neighborhood compatibility and public
health objectives. The County’s Department of Research and Development (R&D) also noted
concerns that ducks and geese can be very disruptive in residential areas and recommended
limiting their numbers if permitted, further justifying their exclusion from the definition.
Recommendation #2:
Refine enclosure standards in Section 25-4-17, subsection (1), by removing “fenced area” from
the list of acceptable enclosures and replacing it with clearer language such as “fully enclosed
area” or “other secured space” to state:
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“Hens must be confined to a coop, cage, hutch, hen house, [fenced area, or other enclosure]
fully enclosed area, or other secured space at all times.”
Reason: The term “fenced area” may be interpreted to include partially enclosed spaces without
overhead containment, increasing the likelihood of free-ranging birds. This could result in
nuisance conditions and conflicts between neighbors, and potential public health risks.
Therefore, replacing it with clearer terms such as “fully enclosed area” or “other secured space”
promotes responsible poultry management, enhances neighborhood compatibility, and helps
mitigate noise, odor, and sanitation issues commonly associated with inadequately confined
birds.
Recommendation #3:
Amend HCC Section 25-5-52 subsection (a) to add “Household hennery” as a permitted use in
the Residential Agricultural (RA) zoning district.
Reason: The RA district currently permits “livestock production” under subsection (a), which
refers specifically to commercial-scale agricultural operations such as dairies, feedlots, and
poultry farms. These uses are subject to strict siting requirements due to their higher intensity
and potential to generate odor, noise, and environmental impacts.
In contrast, a household hennery differs significantly in both scale and potential impact. It
is an accessory use to a residential dwelling, not a principal agricultural operation. However, Bill
No. 52 currently does not include the RA district among the zoning districts where household
henneries would be permitted, despite the RA district’s rural-residential nature.
By adding household hennery as a separate permitted use in the RA district, the
amendment would clarify the distinction between non-commercial poultry keeping for egg
production and commercial livestock operations. It would also promote food self-sufficiency and
small-scale agricultural practices consistent with rural living, while better aligning with the RA
district’s intent to support low-impact, residential-scale agriculture. Furthermore, it would enable
the application of tailored performance standards, such as reduced setbacks and specific
enclosure requirements appropriate for household henneries.
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Recommendation #4:
Include a reference to applicable State and Federal agencies that regulate poultry keeping,
including the State Department of Health (DOH), State Department of Agriculture (HDOA), and
United States Department of Agriculture (USDA) to encourage adherence to applicable best
management practices (BMPs) for household henneries.
Reason: The County does not regulate animal health, animal borne disease control, or
biosecurity, rather these matters fall under the jurisdiction of different state and federal agencies.
Including references to the DOH, HDOA, and the USDA helps delineate the County’s regulatory
authority and directs the public to appropriate agencies for applicable requirements, BMPs, and
technical guidance. This information is essential to minimizing potential nuisances related to
household hennery use, such as noise, odor, waste, and vectors, and to ensure the safe, sanitary,
and compatible operation of household henneries in residential areas.
PLANNING DIRECTOR’S RECOMMENDATION
Based on the analysis provided and in recognition of the County’s goals for sustainable
land use and food security, the Planning Director recommends that the Windward and
Leeward Planning Commissions forward a favorable recommendation of Bill No. 52 to the
County Council, with the four recommended revisions outlined in this report.
PLANNING COMMISSION ACTION
The Windward and Leeward Planning Commissions are required to take action on Bill 52
as described in Section 25-2-43 (b) of the Zoning Code (Planning Department Exhibit 3 -
HCC Section 25-2-43(b)). This bill was transmitted by the County Council to the Department
on May 20, 2025, which means the commissions are required to transmit their recommendations
to the council by September 17, 2025. The commissions shall recommend approval in whole or
in part, with or without modifications, or rejection of the proposed bill. Each commission’s
recommendations will be forwarded separately, but at the same time, to the County Council for
their consideration and decision. In the event the commissions fail to act on the proposed bill by
this date, such inaction shall be considered as an unfavorable recommendation by the
commissions.
Ashley L. Kierkiewicz County Council District IV
COH PLANNING DEPT MP.'/ 20 2025 PM 12: 40 (808)961-8265ashley.kierkiewicz@hawaiicounty.gov
Policy Committee on Planning Policy Committee on Infrastructure
Land Use and Development -Chair and Assets -Vice Chair
TO:
FROM:
DATE:
SUBJECT:
HAWAl'I COUNTY COUNCIL REC'D HAND DELIVERED
Hawai'i County Building 25 Aupuni Street • Hilo, Hawai'i 96720
Jeff Darrow, Director Planning Department
Ashley L. Kierkiewicz, Council Member
May 20, 2025
Referral ofBill 52; an Ordinance amending Chapter 25, Articles 1, 4, and 5 of the
Hawai'i County Code 1983 (2016 Edition, As Amended), relating to henneries.
Pursuant to Section 25-2-43(b) of the Hawai'i County Code, I am submitting Bill 52, enclosed for your comment and recommendation. I also request that you forward the same to the Windward and Leeward Planning Commissions for their comment and recommendation.
Bill 52 was referred for comment and recommendation to the Planning Director and the Windward and Leeward Planning Commissions by the Hawai'i County Council's Committee on Planning on May 20, 2025.
After your and the Commissions review, please forward your comments and recommendations to Council Chairperson Dr. Holeka Goro Inaba.
Thank you for your attention to this matter.
Enc.
AK/kj
Hawai 'i County Is an Equal Opportunity Provider and Employer
JMSV o H•
COUNTY OF AWAI`I i,H STATE OF HAWAII
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BILL NO. 52
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25,ARTICLES 1,4,AND 5, OF THE
HAWAI`I COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO
HENNERIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 25, article 1,section 25-1-5,of the Hawai`i County Code 1983
2016 Edition, as amended) is amended by adding a definition in subsection(b)to be
appropriately inserted and to read as follows:
Household hennery"means a parcel or lot where female chickens,turkeys, ducks,
geese, or other poultry are kept,raised, and maintained for the non-commercial
production and consumption of eggs."
SECTION 2. Chapter 25, article 4,division 1, of the Hawai`i County Code 1983 (2016
Edition, as amended) is amended by adding a section to be appropriately inserted and to read as
follows:
i
Section 25-4-17. Household henneries.
Household henneries are permitted in the RS,RD, RM, and RCX districts, subject
to the following regulations:
1) Hens must be confined to a coop,cage,hutch,hen house,fenced area, or other
enclosure:
A) No closer than twenty feet from any residential district other than RA;
and
B) Complying with the yard requirements of the zoning district;
2) The number of hens may not exceed:
fA) Two hens for the first three thousand square feet of the building site
area; and
B) One more hen for each one thousand square feet of area greater than
three thousand square feet;
3) Roosters may not be kept on a household hennery; and
4) The sale of hens or eggs from a household hennery is prohibited."
SECTION 3. Chapter 25, article 5,division 1, section 25-5-3, division 2,section 25-5-
22,division 3, section 25-5-32, and division 4, section 25-5-42, of the Hawai`i County Code
1983 (2016 Edition,as amended), are amended by adding a paragraph to be appropriately
inserted in the respective subsections(a)thereof and to read as follows:
Household henneries, as permitted under section 25-4-17."
SECTION 4. New material is underscored. In printing this ordinance,the underscoring
need not be included.
SECTION 5. Severability.If any provision of this ordinance, or the application thereof
to any person or circumstance,is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application,and to this end the provisions of this ordinance are severable.PP
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
r
OUNCIL MEMBER, COUNTY OF HAWAI`I
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 286
2
County of Hawai’i
DEPARTMENT OF RESEARCH AND DEVELOPMENT
25 Aupuni Street, Room 1301 • Hilo, Hawai’i 96720-4252
(808) 961-8366 • Fax (808) 935-1205E-mail: chresdev@co.hawaii.hi.us
Hawai`i County is an Equal Opportunity Provider and Employer
Benson Medina
Director
C. Kimo Alameda, Ph.D.
Mayor
Dennis Lin
Deputy Director
May 28, 2025
Windward Planning Commission
County of Hawaiʻi, Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaiʻi 96720
Re: Bill No. 52 Henneries PL-CCI-2025-011
R&D appreciates the opportunity to review and provides the following comments:
•As the bill’s intention is to allow for egg production for residential consumption, other egg laying
poultry should also be considered (turkey, ducks, geese)
•As roosters are prohibited from henneries, the same prohibition should be extended to male toms
(turkey), drakes (duck), gander (geese)
•Geese and ducks can be very disruptive in a residential neighborhood and if allowed, should be
limited to 2 max.
•As chickens only have a 2-3 year egg production period, considerations should be made on what
to do with the hens after egg production ends
•Residents that utilize this new allowable use should also comply with HDOA and USDA
regulations
Mahalo,
Dennis Lin,Deputy Director
ZONING §25-2-42(3)Within ninety days after receipt of the application from the director, unless alonger period is agreed to by the applicant, the commission shall transmit theproposed change of zone ordinance together with its recommendations thereonthrough the mayor to the council. The commission shall recommend approvalin whole or in part, with or without modifications, or rejection of suchapplication. In the event that the commission fails to act on the applicationwithin the ninety-day period, the application shall be considered anunfavorable recommendation by the commission, and the application shall betransmitted through the mayor to the council with such recommendation.(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 3; am 2012, ord 12-90, sec 1; am 2024, ord 24-87, sec 1.)Section 25-2-43. Amendments initiated by the council and director. (a)Any amendment initiated by the director shall be reviewed by the commission.(1)The amendment shall be submitted to the commission with the director'sjustification and recommendation on the amendment.(2)Upon receipt of a proposed amendment from the director, the commission shallhold at least one public hearing. Notice of the hearing by the publication shallbe provided by the commission in accordance with section 25-2-5, except thatwhen a proposed amendment involves a specific parcel of land, notice shall beprovided by the commission in accordance with subsections (c) and (d).(3)Within sixty days after receipt of the amendment from the director, thecommission shall transmit the proposed amendment together with itsrecommendations thereon through the mayor to the council. The commissionshall recommend approval in whole or in part, with or without modifications,or rejection of such amendment. In the event that the commission fails to acton the amendment within the sixty-day period, such inaction shall beconsidered as unfavorable recommendation by the commission, and theamendment shall then be submitted through the mayor to the council withsuch recommendation.(b)The council shall refer any proposed council-initiated amendment to this chapter tothe director and the commission with requests for their respective comments andrecommendations thereon, prior to the first reading of any such amendment. Thedirector and the commission shall each submit comments and recommendations onthe proposed amendment to the council within one hundred twenty days from thedate that the amendment is transmitted by the council to the director and thecomm1ss10n.(1)The director shall submit comments and any recommendations to both thecommission and the council within the one-hundred-twenty-day review period.25-27 SUPP. 17 (1-2025)
§ 25-2-43 HAWAI'I COUNTY CODE
(2) The commission shall hold at least one public hearing on the proposed
amendment. Notice of the hearing by publication shall be provided by the
commission in accordance with section 25-2-5, except that when a proposed
amendment involves a specific parcel of land, notice shall be provided by the
commission in accordance with subsections (c) and (d).
(3) The commission shall transmit the amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the one-hundred-twenty-day review period, such
inaction shall be considered as an unfavorable recommendation by the
comm1ss1on.
(4) After the one-hundred-twenty-day review period has expired, the council may
proceed to act on the proposed amendment as it deems appropriate.
(c) Notice by mail to surrounding owners and lessees of record of properties within the
boundaries established by section 25-2-4, shall not be required for any amendment
initiated by the council or the director. In lieu of mailing written notice to
surrounding property owners and lessees of record, the director shall publish notice
of the commission's public hearing in at least two newspapers of general circulation
in the County, once a week for three consecutive weeks, with the last notice to be at
least ten days prior to the hearing. The notice shall specify the time, date and place
of the hearing, its purpose and a description of any property which may be involved.
(d) Notice to owners of any properties specifically subject to the proposed amendment
shall be provided by mail from the director, no later than thirty days prior to the
commission's public hearing on the amendment.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-44. Conditions on change of zone.
(a) Within any ordinance for a change of zone, the council may impose conditions on
the applicant's use of the property subject to the change of zone provided that the
council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed, with respect to:
(A) Protection of the public from the potentially deleterious effects of the
proposed use; or
(B) Fulfillment of the need for public service demands created by the
proposed use.
Within any ordinance for a change of zone that includes any such conditions,
except for ordinances reverting zoning to a previous zoning district designation or
to an open zoning designation, the director shall specify the time by which all
conditions shall be completed. The time during which required plans, reports,
studies, or relevant permit applications are under review for approvals by
SUPP. 17 (1-2025) 25-28