RELATING TO AGRICULTURE.

HB2425

HOUSE OF REPRESENTATIVES

H.B. NO.

2425

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to agriculture
.

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

����
SECTION 1.
�
Chapter 165, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�165-
�
Conservation
districts; former sugarcane lands; permits and site plan approvals; exemption.
�
Notwithstanding any law to the contrary, any agricultural enterprise practicing
diversified agriculture on former sugarcane lands within the conservation
district shall be exempt from any requirement for a permit or site plan
approval under section 183C-6 for the operations within the conservation
district.
"

����
SECTION 2.
�
Section 165-1, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�165-1
�
Findings and purpose.
�
The legislature finds that [
when
nonagricultural land uses extend into agricultural areas, farming operations
often become the subject of nuisance lawsuits that may result in the premature
removal of lands from agricultural use and may discourage future investments in
agriculture.
�
The legislature also finds
that
] under the Hawaii State Planning Act, it is a declared policy of this
State to "foster attitudes and activities conducive to maintaining
agriculture as a major sector of Hawaii's economy."

����
The legislature further finds
that article XI, section 3, of the Hawaii State Constitution requires the
legislature to "provide standards and criteria" to conserve and
protect agricultural lands and promote diversified agriculture.
�
The legislature finds that the commercial
production of sugarcane on former sugarcane lands has caused significant harm
to endemic flora and fauna.
�
Former
sugarcane lands thus represent an opportunity for revegetation, recovery, and
enhancement of wildfire resiliency, all of which would be advanced by the
development of diversified agriculture.
�

Therefore, the legislature finds that the promotion of diversified
agriculture on former sugarcane lands is in the best interest of the
State.
�
The legislature also finds that
the permitting process for land uses in the conservation district may
disproportionately burden agricultural enterprises that regularly operate on
thin margins. The permitting process may cause long delays in bringing land
into production, further straining the operating budgets of agricultural
enterprises.

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Accordingly, it is the purpose of
this chapter to [
reduce
]
:

����
(1)
�
Reduce
the
loss to the State of its agricultural resources by limiting the circumstances
under which farming operations may be deemed to be a nuisance[
.
]
; and

����
(2)
�
Promote the
development of diversified agriculture on former sugarcane lands by exempting
any agricultural enterprise practicing diversified agriculture on former
sugarcane lands in a conservation district from permitting and site approval
requirements.
"

����
SECTION 3.
�
Section 165-2, Hawaii Revised Statutes, is
amended by adding two new definitions to be appropriately inserted and to read
as follows:

����
"
"Diversified
agriculture" means the production of flowers and nursery products, fruits,
vegetables, milk, forage, grains, forest products, coffee, taro, cattle,
poultry, swine, or other livestock.
�

"Diversified agriculture" does not include the production of
sugarcane or pineapple or high intensity animal husbandry operations with feed
lots or dairy barns with stocking rates that exceed three animal units per
acre.

����
"Former sugarcane
lands" means any land devoted to the commercial production of sugarcane
before January 1, 2000.
"

����
SECTION
4
.
�
Section 183C-6, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�
[
The
]
Except as provided in section
165- , the
department shall regulate land use in the
conservation district by the issuance of permits."

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SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 6.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Conservation

District;

Agricultural

Enterprises;

Right

to

Farm;
Former Sugarcane Lands; Diversified Agriculture; Permit; Exemption

Description:

Exempts any agricultural enterprise practicing diversified
agriculture on lands formerly used for commercial sugarcane production within
the conservation district from any permitting and site plan approval
requirements

established

for

lands

in

a

conservation

district.

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