RELATING TO AGRICULTURAL TOURISM.

Agriculture

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: PERRUSO, GRANDINETTI, IWAMOTO, KAHALOA, MARTEN, SOUZA, TODD
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The effective date of July 1, 3000 is likely an error or placeholder and was removed from the summary.

Rules for Agricultural Tourism in Hawaii

This bill requires counties to create rules that allow agricultural tourism activities as secondary uses on working farms, provided the main farming activity existed before any permits were given for these new activities.

What This Bill Does

Requires each county to make rules about how to review and give permits for agricultural tourism activities.
These rules must say that a farm must already be doing regular farming before it can get permission for tourist activities like gift shops or restaurants.
The rules also state that any land used for agricultural tourism must still be actively farmed.

Who It Names or Affects

Farmers and farm owners who want to add tourist activities to their farms
County governments responsible for making rules about land use

Terms To Know

Accessory use: A smaller activity that goes along with the main farming activity on a piece of land.
Secondary use: An additional activity that is not the primary purpose of the land but can be allowed if it supports or enhances the main agricultural use.

Limits and Unknowns

The bill does not specify how much revenue a farm must generate to qualify as productive.
It's unclear what specific activities will be considered 'agricultural tourism'.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment requires counties to create rules for agricultural tourism activities, including requirements that the main farm use must exist before any tourist-related permits are issued.

Counties must adopt ordinances setting procedures and requirements for reviewing and permitting agricultural tourism uses as secondary and accessory uses on working farms or farming operations.
The principal agricultural use on a farm must have existed prior to issuing any permits for secondary or accessory uses related to agriculture tourism.
Agricultural tourism is only allowed on land where productive agricultural activities are currently happening.

The amendment text includes future dates and conditions that may not be fully explained here, such as the effective date of July 1, 3000.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-06 H
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) Ward excused (1).
2025-02-06 H
Reported from AGR/TOU (Stand. Com. Rep. No. 194) as amended in HD 1, recommending passage on Second Reading and referral to WAL.
2025-02-05 H
The committee on TOU recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Tam, Templo, Holt, Ilagan, Todd; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Hussey, Matsumoto.
2025-02-05 H
The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Kahaloa, Kusch, Lowen, Perruso, Quinlan; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Ward.
2025-01-31 H
Bill scheduled to be heard by AGR/TOU on Wednesday, 02-05-25 8:45AM in House conference room 325 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to AGR/TOU, WAL, JHA, referral sheet 1
2025-01-16 H
Introduced and Pass First Reading.
2025-01-14 H
Prefiled.

Official Summary Text

RELATING TO AGRICULTURAL TOURISM.
Agricultural Tourism; Accessory and Secondary Use; Restrictions; Productive Agricultural Use
Requires the counties to adopt ordinances setting forth procedures and requirements for the review and permitting of agricultural tourism uses and activities as secondary uses, in addition to accessory uses, on a working farm or farming operation. Requires the counties' ordinances to include requirements that: the principal agricultural use on a working farm or farming operation preexists the issuance of any land use permit or building permit for any accessory and secondary use and agricultural tourism be allowed only on land on which productive agricultural use is occurring. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB189

HOUSE OF REPRESENTATIVES

H.B. NO.

189

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to agricultural tourism
.

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

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SECTION
1
.
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Section 205-5,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

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"(b)
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Within agricultural districts, uses
compatible to the activities described in section 205‑2 as determined by
the commission shall be permitted; provided that accessory
and secondary

agricultural uses and services described in sections 205‑2 and 205‑4.5
may be further defined by each county by zoning ordinance.
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Each county shall adopt ordinances setting
forth procedures and requirements, including provisions for enforcement,
penalties, and administrative oversight, for the review and permitting of agricultural
tourism uses and activities as an accessory
and secondary
use on a
working farm, or farming operation as defined in section 165‑2.
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Ordinances shall include but not be limited
to:

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(1)
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Requirements for
access to a farm, including road width, road surface, and parking;

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(2)
�
Requirements and
restrictions for accessory
and secondary
facilities connected with the
farming operation, including gift shops and restaurants;

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(3)
�
Activities that
may be offered by the farming operation for visitors;

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(4)
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Days and hours of
operation; [
and
]

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(5)
�
Automatic
termination of the accessory
and secondary
use upon the cessation of the
farming operation[
.
]
;

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(6)
�
Requirements
that the principal agricultural use on a working farm, or farming operation as defined
in section 165-2, shall have been in existence prior to the issuance of any
land use permit or building permit for any accessory and secondary use;

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(7)
�
Requirements
that agricultural tourism shall include only those activities that are allowed
under existing zoning and land use regulations; and

����
(8)
�
Requirements
that agricultural tourism shall only be allowed on land on which productive
agricultural use is occurring.
�
As used
in this paragraph, "productive agricultural use" means:

���������
(A)
�
At
least of the land
is under active agricultural cultivation;

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(B)
�
The
working farm, or farming operation as defined in section 165-2, generates at
least $ in annual
revenue from active agricultural cultivation; or

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(C)
�
The
real property of the working farm, or farming operation as defined in section
165-2
, is taxed as
agricultural and is current on its real property tax obligations.

Each county may require an environmental assessment
under chapter 343 as a condition to any agricultural tourism use and
activity.
�
Other uses may be allowed by
special permits issued pursuant to this chapter.
�
The minimum lot size in agricultural
districts shall be determined by each county by zoning ordinance, subdivision
ordinance, or other lawful means; provided that the minimum lot size for any
agricultural use shall not be less than one acre, except as provided
herein.
�
If the county finds that unreasonable
economic hardship to the owner or lessee of land cannot otherwise be prevented
or where land utilization is improved, the county may allow lot sizes of less
than the minimum lot size as specified by law for lots created by a
consolidation of existing lots within an agricultural district and the
resubdivision thereof; provided that the consolidation and resubdivision do not
result in an increase in the number of lots over the number existing prior to
consolidation; and provided further that in no event shall a lot which is equal
to or exceeds the minimum lot size of one acre be less than that minimum after
the consolidation and resubdivision action.
�

The county may also allow lot sizes of less than the minimum lot size as
specified by law for lots created or used for plantation community subdivisions
as defined in section 205‑4.5(a)(12), for public, private, and
quasi-public utility purposes, and for lots resulting from the subdivision of
abandoned roadways and railroad easements."

����
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.

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SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Agricultural
Tourism; Accessory and Secondary Use; Restrictions; Productive Agricultural Use

Description:

Requires the
counties to adopt ordinances setting forth procedures and requirements for the
review and permitting of agricultural tourism uses and activities as secondary
uses, in addition to accessory uses, on a working farm or farming
operation.
�
Requires the counties'
ordinances to include requirements that:
�
the principal agricultural use on a working
farm or farming operation preexists the issuance of any land use permit or
building permit for any accessory and secondary use; agricultural tourism
includes only those activities that are allowed under existing zoning and land
use regulations; and agricultural tourism be allowed only on land on which
productive agricultural use is occurring.

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