Bill Text: HI HB1726 | 2022 | Regular Session | Amended
Bill Title: Relating To Agricultural Buildings.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on WAL with none voting aye with reservations; none voting no (0) and Representative(s) McDermott excused (1). [HB1726 Detail]
Download: Hawaii-2022-HB1726-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1726 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURAL BUILDINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-88, Hawaii Revised Statutes, is amended to read as follows:
"§46-88 Agricultural buildings; exemptions from building permit and building code requirements. (a) Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area:
(1) Nonresidential manufactured pre-engineered commercial
buildings and structures;
(2) Single [stand alone] stand-alone
recycled ocean shipping or cargo containers that are used as nonresidential
commercial buildings and are properly anchored;
(3) Notwithstanding the one thousand square foot
floor area restriction, agricultural shade cloth structures, cold frames, or
greenhouses not exceeding sixty thousand square feet in area per structure;
provided that where multiple structures are erected, the minimum horizontal
separation between each shade cloth structure, cold frame, or greenhouse is
fifteen feet;
(4) Aquacultural or aquaponics structures,
including above-ground water storage or production tanks, troughs, and raceways
with a maximum height of six feet above grade, and in-ground ponds and raceways,
and piping systems for aeration, carbon dioxide, or fertilizer or crop
protection chemical supplies within agricultural or aquacultural production
facilities;
(5) Livestock watering tanks, water piping,
and plumbing not connected to a source of potable water, or separated by an air
gap from such a source;
(6) Non-masonry fences not exceeding ten feet in
height and masonry fences not exceeding six feet in height;
(7) One-story masonry or wood-framed buildings or
structures with a structural span of less than twenty-five feet and a total
square footage of no more than one thousand square feet, including farm
buildings used as:
(A) Barns;
(B) Greenhouses;
(C) Farm production buildings including
aquaculture hatcheries and plant nurseries;
(D) Storage buildings for farm equipment or plant
or animal supplies or feed; or
(E) Storage or processing buildings for crops;
provided that the height of any stored items shall not collectively exceed
twelve feet [in height];
(8) Raised beds containing soil, gravel, cinders, or
other growing media or substrates with wood, metal, or masonry walls or
supports with a maximum height of four feet;
(9) Horticultural tables or benches no more than
four feet in height supporting potted plants or other crops; and
(10) Nonresidential indigenous Hawaiian hale that
do not exceed five hundred square feet in size, have no kitchen or bathroom,
and are used for traditional agricultural activities or education;
provided that the buildings, structures,
and appurtenances thereto comply with all applicable state and county zoning
codes.
(b) Notwithstanding the one thousand square foot floor area restriction in subsection (a), the following buildings, structures, and appurtenances thereto shall be exempt from building permit requirements when compliant with relevant building codes or county, national, or international prescriptive construction standards:
(1) Nonresidential manufactured pre-engineered and county pre-approved commercial buildings and structures consisting of a total square footage greater than one thousand square feet but no more than eight thousand square feet; and
(2) One-story wood-framed or masonry buildings or structures with a structural span of less than twenty-five feet and a total square footage greater than one thousand square feet but no more than eight thousand square feet constructed in accordance with county, national, or international prescriptive construction standards, including buildings used as:
(A) Barns;
(B) Greenhouses;
(C) Farm production buildings, including aquaculture hatcheries and plant nurseries;
(D) Storage buildings for farm equipment, plant or animal supplies, or feed; or
(E) Storage or
processing buildings for crops; provided that the height of any stored items shall
not collectively exceed twelve feet [in height].
(c) The exemptions in subsections (a) and
(b) shall apply; provided that:
(1) The aggregate floor area of the exempted agricultural buildings shall not exceed:
(A) Five thousand square feet per zoning lot for lots of two acres or less;
(B) Eight thousand square feet per zoning lot for lots greater than two acres but no more than five acres; and
(C) Eight thousand square feet plus two per cent of the acreage per zoning lot for lots greater than five acres; provided that each exempted agricultural building is compliant with the square foot area restrictions in subsection (a) or subsection (b);
(2) The minimum horizontal separation between each agricultural building, structure, or appurtenance thereto is fifteen feet;
(3) The agricultural buildings, structures, or appurtenances thereto are located on a commercial farm or ranch and are used for general agricultural or aquacultural operations, or for purposes incidental to such operations;
(4) The agricultural buildings, structures, or appurtenances thereto are constructed or installed on property that is used primarily for agricultural or aquacultural operations, and is two or more contiguous acres in area or one or more contiguous acres in area if located in a nonresidential agricultural or aquacultural park;
(5) An owner or [occupier]
occupant that intends to utilize the exemptions under this section shall
provide [written notice] an agricultural farm plan to the
appropriate county agency of the size, type, [and] location, and uses
of the proposed building, structure, related appurtenances, or development. No work shall commence until the county
agency has determined that a building permit for the proposed building,
structure, related appurtenances, or development is not required for compliance
with county, state, or federal floodplain management development standards,
ordinances, codes, statutes, rules, or regulations pursuant to the National
Flood Insurance Program requirements;
(6) The appropriate county agency shall certify
the building, structure, related appurtenances, or development within thirty
calendar days upon [the] receipt of the written notice from the owner or
[occupier,] occupant, pursuant to paragraph (5);
(7) The owner or [occupier] occupant
shall provide a final as-built written notice to the appropriate county
building permitting agency of the final as-built size, type, and location of
the building, structure, related appurtenances, or development. Such final as-built written notification
shall be provided to the county agency within thirty calendar days of the
completion, occupancy, or use of the building, structure, related appurtenances,
or development. Failure to provide such
written notice may void the building permit or building code exemption, or both,
which voidance for such failure is subject to the sole discretion of the
appropriate county building permitting agency;
(8) No electrical power and no plumbing systems
shall be connected to the building or structure without first obtaining the
appropriate county electrical or plumbing permit, and all such installations
shall be installed under the supervision of a licensed electrician or plumber,
as appropriate, and inspected and approved by an appropriate county or licensed
inspector or, if a county building agency is unable to issue an electrical
permit because the building or structure is permit-exempt, an electrical permit
shall be issued for an electrical connection to a meter on a pole beyond the
permit-exempt structure in accordance with the installation, inspection, and approval
requirements in this paragraph;
(9) Disposal of wastewater from any building or
structure constructed or installed pursuant to this section shall comply with
chapter 342D;
(10) Permit-exempt agricultural buildings shall be exempt from any certificate of occupancy requirements; and
(11) The
appropriate county fire department and county building permitting
agency shall have the right to enter the property, upon reasonable
notice to the owner or occupant[,] by mail or by posting on the property,
to investigate exempted agricultural buildings for compliance
with the requirements of this section; provided that if entry is refused after
reasonable notice is given, the applicable department or agency [may apply
to the district court of the circuit in which the property is located for a warrant,
directed to any police officer of the circuit, commanding the police officer to
provide sufficient aid and to assist the department or agency in gaining entry
onto the property to investigate exempted agricultural buildings for compliance
with the requirements of this section.] shall issue a notice of violation
and notice of order with appropriate civil fines until the violation is corrected.
(d) As used in this section:
"Agricultural
building" means a development, including a nonresidential building or
structure, built for agricultural or aquacultural purposes, located on a
commercial farm or ranch constructed or installed to house farm or ranch
implements, agricultural or aquacultural feeds or supplies, livestock, poultry,
or other agricultural or aquacultural products, used in or necessary for the
operation of the farm or ranch, or for the processing and selling of farm or
ranch products.
"Agricultural
farm plan" means a document, submitted to the planning department of the county
of Hawaii, county of Kauai, or county of Maui, or the department of planning and
permitting of the city and county of Honolulu, assessing site-specific aspects of
a property and outlining structures needed to meet the agricultural operation's
goals.
"Agricultural
operation" means the planting, cultivating, harvesting, processing, or storage
of crops, including those planted, cultivated, harvested, and processed for
food, ornamental, grazing, feed, or forestry purposes, as well as the feeding, breeding,
management, and sale of animals including livestock, poultry, honeybees, and
their products.
"Appurtenance"
means an object or device in, on, or accessory to a building or structure, and
which enhances or is essential to the usefulness of the building or structure,
including but not limited to work benches, horticultural and floricultural growing
benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs,
growbeds, and filterbeds, when situated within a structure.
"Aquacultural
operation" means the propagation, cultivation, farming, harvesting,
processing, and storage of aquatic plants and animals in controlled or selected
environments for research, commercial, or stocking purposes and includes
aquaponics or any growing of plants or animals in or with aquaculture
effluents.
"Barn"
means a building for storing hay, grain, and other horticultural or aquacultural
products and often for housing livestock.
"Development"
means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations, or storage of equipment or
materials.
"Dwelling"
means a structure, or part of a structure, which is used as a home, residence,
or sleeping place by one person or by two or more persons maintaining a common
household, to the exclusion of all others.
"Manufactured
pre-engineered commercial building or structure" means a building or
structure whose specifications comply with appropriate county codes[,]
and have been pre-approved by a county or building official.
"Nonresidential
building or structure" means a building or structure, including an agricultural
building, that is used only for agricultural or aquacultural operations and is
not intended for use as, or used as, a dwelling.
(e) This section shall not apply to buildings or
structures otherwise exempted from building permitting or building code
requirements by applicable county ordinance.
(f) This section shall not be construed to
supersede public or private lease conditions.
(g) This section shall not apply to development
on land in the state land use urban district.
(h) The State or any county shall not be liable
for claims arising from the construction of agricultural buildings, structures,
related appurtenances, or other development exempt from the building code and
permitting process as described in this section, unless the claim arises out of
gross negligence or intentional misconduct by the State or county.
(i) This section shall not apply to buildings or
structures used to store pesticides or other hazardous material unless stored
in accordance with federal and state law.
(j) This section does not exempt any new or
existing agricultural buildings, structures, related appurtenances, or other
development from building permit requirements and other requirements of county,
state, or federal floodplain management development standards, ordinances,
codes, statutes, rules, or regulations, pursuant to National Flood Insurance
Program requirements.
(k) Failure to comply with the conditions of this
section shall result in penalties consistent with county building department
provisions.
(l) Any agricultural building constructed
pursuant to this section and exempt from building permits and building codes
shall be consistent with the agricultural farm plan for the property. The use of the building or structure must be
in support of the agricultural activity contained in the plan."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Agricultural Building and Structures; Exemptions from Building Permits and Building Codes; Agricultural Farm Plan
Description:
Requires certain agricultural buildings or structures exempt from building permits and building codes to be consistent with an agricultural farm plan for the property and to be made available by the owner or occupant for inspection by a county building official at any time. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
