RELATING TO THE RIGHT TO GARDEN.

HB1468

HOUSE OF REPRESENTATIVES

H.B. NO.

1468

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the right to garden
.

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

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SECTION 1.
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The legislature finds that the 2023 Maui
wildfires interrupted food supply chains for the island.
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The legislature notes that growing one's own
food is a fundamental right under the First and Fourteenth Amendments to the
United States Constitution and sections 4, 5, and 21 of article I of the
Constitution of the State of Hawaii.
�
The
legislature believes that authorizing residents to grow their own food will
increase Hawaii's resident population and food resiliency, and mitigate the
negative effects of future catastrophic events.

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The
legislature also finds that according to the Lahaina wildfire interim working
group, as "a geographically isolated state with a limited local food
supply and reliance upon imports... Hawai
ʻ
i
is particularly susceptible to food insecurity following a disaster
event."
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The working group
recommended that statutorily authorizing home gardens will improve Hawaii's
food security because disaster events may lead to an increased reliance on food
assistance programs and the severity of food insecurity.
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Nevertheless, many homeowners' associations
and associations of apartment owners prohibit or severely restrict resident
gardening practices.

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Accordingly,
the purpose of this Act is to authorize the cultivation of vegetable gardens on
properties within planned community associations and condominiums.

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SECTION
2.
�
Chapter 421J, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:

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"
�421J-
�
Right to garden.
�
(a)
�
Notwithstanding any law to the
contrary,
no provision in any association
documents shall prohibit any person from cultivating, or restrict any person's
ability to cultivate, one or more vegetable gardens within a unit that is
rented, owned, or leased by the person under this chapter;
provided that:

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(1)
�
No person shall
cultivate any vegetable garden in a unit that is owned by another without the
consent of the owner of the unit; provided further that the owner of the unit
may withdraw this consent at any time;

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(2)
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No vegetable
garden shall:

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(A)
�
Be
cultivated in a common area; or

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(B)
�
Abut
any building in the planned community; and

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(3)
�
If the unit is owned
by another, the owner of the unit may i
mpose restrictions on
water use and the types of plants to be cultivated, including prohibiting
invasive or destructive plants.

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(b)
�

Nothing in this section shall be construed as prohibiting the enactment
of a county ordinance or regulation addressing water use during droughts,
fertilizer use, or the control of invasive species.
"

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SECTION 3.
�
Chapter 514B, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�514B-
�
Right to garden.
�
(a)
�
Notwithstanding any law to the
contrary,
no provision in any articles
of incorporation, declaration, bylaws, administrative rules, house rules, or
association documents of a condominium shall prohibit any person from
cultivating, or restrict any person's ability to cultivate, one or more
vegetable gardens within a unit that is rented, owned, or leased by the person
under this chapter;
provided that:

����
(1)
�
No person shall
cultivate any vegetable garden in a unit that is owned by another without the
consent of the unit owner; provided further that the unit owner may withdraw
this consent at any time;

����
(2)
�
No vegetable
garden shall:

���������
(A)
�
Be
cultivated in a common element; or

���������
(B)
�
Abut
any building in the condominium; and

����
(3)
�
If the unit is owned
by another, the unit owner may i
mpose restrictions on water use
and the types of plants to be cultivated, including prohibiting invasive or
destructive plants.

����
(b)
�

Nothing in this section shall be construed as prohibiting the enactment
of a county ordinance or regulation addressing water use during droughts,
fertilizer use, or the control of invasive species.
"

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SECTION
4.
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New statutory material is
underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

Food
Security; Right to Garden; Planned Community Associations; Condominium
Associations

Description:

Authorizes the cultivation of vegetable gardens on
properties within planned community associations and condominiums.
�
Prohibits planned community associations and
condominiums from prohibiting or restricting the cultivation of vegetable
gardens via their association documents.

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