Bill Text: HI SB489 | 2021 | Regular Session | Amended
Bill Title: Relating To Agricultural Buildings.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2021-06-28 - Act 100, on 06/25/2021 (Gov. Msg. No. 1202). [SB489 Detail]
Download: Hawaii-2021-SB489-Amended.html
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THE SENATE |
S.B. NO. |
489 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
C.D. 1 |
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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 by amending subsection (a) to read as follows:
"(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 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 [twenty] 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2022.
Report Title:
Agricultural Structures; Building Permit and Code Exemptions; Structure Size Limitations
Description:
Increases the maximum area for each agricultural shade cloth structure, cold frame, and greenhouse that could qualify the structure for an exemption from building permit and building code requirements. Effective 1/1/2022. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
