Bill Text: HI HB1889 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Agriculture.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-02-05 - The committee(s) on WLH recommend(s) that the measure be deferred. [HB1889 Detail]

Download: Hawaii-2020-HB1889-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1889
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the purpose of Act 203, Session Laws of Hawaii 2013 (Act 203), is to encourage and support the Governor's "New Day" initiative for diversified agriculture and agricultural self-sufficiency in the State by providing certain exemptions from building code requirements and expanding certain building permit exemptions for nonresidential buildings and structures on farms and ranches located outside the urban district.  However, the exemptions afforded by Act 203 apply only to lands that are "two or more contiguous acres in area," unless the land is located in a nonresidential agricultural or aquacultural park where the acreage restriction is then lowered to one or more contiguous acres in area.  These acreage restrictions may be acceptable and appropriate for small counties, but in a large county with a land area of three thousand square miles or more, a one-acre limit would be more reasonable and appropriate.  In large counties, there are areas where there are thousands of contiguous one-acre lots, many of which are used for commercial agriculture, including lettuce farms, plant nurseries, flower farms, tea plantations, and aquaculture.  The legislature finds that small farms provide a significant source of income for farm owners and contribute to the State's economy and that small farms in large counties should not be deprived of the benefits of Act 203.

     SECTION 2.  Section 46-88, Hawaii Revised Statutes, is amended as follows:

     1.   By amending its title to read:

     "§46-88  Agricultural buildings and structures; exemptions from building permit and building code requirements[.]; large counties."

     2.   By amending subsections (c) and (d) to read:

     "(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 not 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); provided further that in a large county, for each zoning lot of one acre or greater but not more than two acres, the aggregate floor area of one-story wood-framed or similar agricultural buildings shall not exceed three thousand square feet, plus, if one of the buildings is a greenhouse, an additional area of up to twenty thousand square feet comprising the greenhouse;

     (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; provided further that in a large county, the required acreage shall be one acre or less;

     (5)  An owner or occupier that intends to utilize the exemptions under this section shall provide written notice to the appropriate county agency of the size, type, and location 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, pursuant to paragraph (5);

     (7)  The owner or occupier 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; and

    (10)  Permit-exempt structures shall be exempt from any certificate of occupancy requirements.

     (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 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.

     "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.

     "Large county" means a county with a land area of at least three thousand square miles.

     "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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Agricultural Buildings and Structures; Building Code and Permit Exemption; Large Counties

 

Description:

Reduces the applicable acreage requirements for building code and permit exemptions for agricultural buildings in large counties.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.