RELATING TO AGRICULTURAL TOURISM.

HB2585

HOUSE OF REPRESENTATIVES

H.B. NO.

2585

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to agricultural tourism
.

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

PART I

����
SECTION 1.
�
The legislature finds that, throughout the
nation, cattle ranches, agricultural farms, and other farming operations are
diversifying their businesses by expanding into agricultural tourism
activities.
�
These activities provide
critical supplemental revenue streams and are increasingly becoming an
essential part of the business models for many ranches and farms.

����
The legislature further finds that
the State's four counties each have their own agricultural tourism activity
permitting processes, standards, procedures, and definitions.
�
This lack of consistency results in a disjointed
regulatory framework, which impedes the growth of the State's agricultural
sector, inhibits the development of viable farming and ranching business
models, and systemically creates and aggravates impediments in zoning and
permitting.

����
The legislature acknowledges that
existing law allows agricultural tourism activities to be conducted through the
special permitting process.
�
However, the
use of this process pushes agricultural tourism activities to the periphery of
farming operations and exacerbates the State's inconsistent permitting
framework, further impeding growth in the agricultural sector and limiting the
revenue potential of the agricultural businesses that the State is trying to
nurture.

����
Therefore, the legislature finds
that there should be a uniform approach to approving agricultural tourism
activities across the entire State.
�
With
the enactment of targeted, meaningful legislation, agricultural tourism can
become an area of growth and expansion for farmers while also creating
opportunities for the types of regenerative tourism being encouraged by the
Hawaii tourism authority.
�
The creation
of a uniform framework will increase investment in agricultural tourism
activities, promote unique partnerships between farmers and local businesses
interested in agriculture, and increase support for affiliated farming pathway
programs in the State.

����
Accordingly, the purpose of this Act
is to establish statewide, uniform standards to promote agricultural tourism
activities in the State by:

����
(1)
�
Creating
agricultural tourism activity requirements that are applicable to all counties
that have adopted an agricultural tourism ordinance;

����
(2)
�
Requiring
agricultural tourism activities to be registered by the county planning
department; and

����
(3)
�
Requiring
agricultural tourism activities to coexist with an agricultural activity on a
farming operation and providing for the termination of agricultural tourism
activities upon the cessation of the agricultural activity, except under
certain circumstances.

PART II

����
SECTION 2.
�
Chapter 205, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:

����
"
�205-
�
Agricultural tourism activities.
�

(a)
�
Agricultural tourism
activities may be conducted on a farming operation, as defined in section
165-2, for the enjoyment, education, or involvement of visitors.

����
(b)
�

Agricultural tourism activities shall:

����
(1)
�
Be accessory
and secondary to the principal agricultural use;

����
(2)
�
Coexist with an
agricultural activity conducted on a farming operation; and

����
(3)
�
Not interfere
with surrounding farm operations.

����
(c)
�

Agricultural tourism shall only be allowed on land on which productive
agricultural use is occurring.
�
For the
purposes of this subsection, "productive agricultural use" means 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.

����
(d)
�

Agricultural tourism activities shall be registered by the owner or
lessee with the county planning department before commencement of any
agricultural tourism activity; provided that the registration shall include the
following information:

����
(1)
�
A description
of access to the farm, including road width, road surface, and parking;

����
(2)
�
A description
of accessory facilities connected with the farming operation, such as gift
shops and restaurants;

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

����
(4)
�
Documentation
that productive agricultural use is occurring on the farm pursuant to
subsection (c);

����
(5)
�
Federal and
state tax returns verifying farm income from the principal farming operation;

����
(6)
�
Verification of
enrollment in a county agricultural use dedication program; and

����
(7)
�
Verification of
county agricultural water rates, if enrolled.

����
(e)
�

The authorization to conduct agricultural tourism activities at the
farming operation shall be automatically terminated upon the cessation of the
agricultural activity conducted on the farming operation, unless the cessation
of the agricultural activity is temporary and due to inclement weather, disease
or pest infestation, market and supply chain disruptions, or change in crop
type.
"

����
SECTION
3
.
�
Section 205-2,
Hawaii Revised Statutes, is amended by amending subsection (d) to read as
follows:

����
"
(d)
�
Agricultural
districts shall include:

����
(1)
�
Activities
or uses as characterized by the cultivation of crops, crops for bioenergy,
orchards, forage, and forestry;

����
(2)
�
Farming
activities or uses related to animal husbandry and game and fish propagation;

����
(3)
�
Aquaculture,
which means the production of aquatic plant and animal life within ponds and
other bodies of water;

����
(4)
�
Wind-generated
energy production for public, private, and commercial use;

����
(5)
�
Biofuel
production, as described in section [
205-4.5(a)(16),
]
205-4.5(a)(15),

for public, private, and commercial use;

����
(6)
�
Solar
energy facilities; provided that:

���������
(A)
�
This paragraph
shall apply only to land with soil classified by the land study bureau's
detailed land classification as overall (master) productivity rating class B,
C, D, or E; and

���������
(B)
�
Solar energy
facilities placed within land with soil classified as overall productivity
rating class B or C shall not occupy more than ten per cent of the acreage of
the parcel, or twenty acres of land, whichever is lesser, unless a special use
permit is granted pursuant to section 205-6;

����
(7)
�
Bona
fide agricultural services and uses that support the agricultural activities of
the fee or leasehold owner of the property and accessory to any of the above
activities, regardless of whether conducted on the same premises as the
agricultural activities to which they are accessory, including farm dwellings
as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills,
storage facilities, processing facilities, photovoltaic, biogas, and other
small-scale renewable energy systems producing energy solely for use in the
agricultural activities of the fee or leasehold owner of the property,
agricultural-energy facilities as defined in section [
205-4.5(a)(17),
]
205-4.5(a)(16),

vehicle and equipment storage areas, and plantation community subdivisions as
defined in section 205-4.5(a)(12);

����
(8)
�
Wind
machines and wind farms;

����
(9)
�
Small-scale
meteorological, air quality, noise, and other scientific and environmental data
collection and monitoring facilities occupying less than one-half acre of land;
provided that these facilities shall not be used as or equipped for use as
living quarters or dwellings;

���
(10)
�
Agricultural
parks;

���
(11)
�
Agricultural
tourism [
conducted on a working farm, or a farming operation as defined in
section 165-2, for the enjoyment, education, or involvement of visitors;
provided that the agricultural tourism activity is accessory and secondary to
the principal agricultural use and does not interfere with surrounding farm
operations; provided further that this paragraph shall apply only to a county
that has adopted ordinances regulating agricultural tourism under section
205-5;
]
activities pursuant to section 205- ;
provided that this paragraph shall apply only to a county that has adopted
ordinances regulating agricultural tourism uses and activities under section
205-5;

��
[
(12)
�
Agricultural
tourism activities, including overnight accommodations of twenty-one days or
less, for any one stay within a county; provided that this paragraph shall
apply only to a county that includes at least three islands and has adopted
ordinances regulating agricultural tourism activities pursuant to section
205-5; provided further that the agricultural tourism activities coexist with a
bona fide agricultural activity.
�
For the
purposes of this paragraph, "bona fide agricultural activity" means a
farming operation as defined in section 165-2;

��
(13)
]
�
(12)
�
Open area recreational facilities;

�
[
(14)
]
�
(13)
�
Geothermal resources exploration and
geothermal resources development, as defined under section 182-1;

�
[
(15)
]
�
(14)
�

Agricultural-based commercial operations registered in Hawaii,
including:

���������
(A)
�
A roadside stand [
that
is not an enclosed structure,
]
or retail activity,
owned and
operated by a producer for the display and sale of agricultural products grown
in Hawaii and value-added products that were produced using agricultural
products grown in Hawaii[
;
]
, that is either:

�������������
(i)
�
Not
an enclosed structure; or

������������
(ii)
�
An
enclosed structure on a trailer under three hundred square feet in total area;

�������������
provided that any stand
or structure shall be exempt from building permit requirements, notwithstanding
the need for an electric permit or plumbing permit, if applicable;

���������
(B)
�
Retail activities
in an enclosed structure owned and operated by a producer for the display and
sale of agricultural products grown in Hawaii, value-added products that were
produced using agricultural products grown in Hawaii, logo items related to the
producer's agricultural operations, and other food items;

���������
(C)
�
A retail food
establishment owned and operated by a producer and permitted under chapter
11-50, Hawaii administrative rules, that prepares and serves food at retail
using products grown in Hawaii and value-added products that were produced
using agricultural products grown in Hawaii;

���������
(D)
�
A farmers' market,
which is an outdoor market limited to producers selling agricultural products
grown in Hawaii and value-added products that were produced using agricultural
products grown in Hawaii; and

���������
(E)
�
A food hub, which
is a facility that may contain a commercial kitchen and provides for the
storage, processing, distribution, and sale of agricultural products grown in
Hawaii and value-added products that were produced using agricultural products
grown in Hawaii.

���������
The owner of an
agricultural-based commercial operation shall certify, upon request of an
officer or agent charged with enforcement of this chapter under section 205-12,
that the agricultural products displayed or sold by the operation meet the
requirements of this paragraph;

�
[
(16)
]
�
(15)
�
Hydroelectric facilities as described
in section [
205-4.5(a)(23);
]
205-4.5(a)(22);
and

�
[
(17)
]
�
(16)
�
Composting and co-composting
operations; provided that operations that process their own green waste and do
not require permits from the department of health shall use the finished
composting product only on the operation's own premises to minimize the potential
spread of invasive species.

Agricultural
districts shall not include golf courses and golf driving ranges, except as
provided in section 205-4.5(d).
�
No
landfill unit, as defined in section 342H-52, shall be located on land within
the agricultural district that has soil classified by the land study bureau's
detailed land classification as overall (master) productivity rating class A in
a county with a population greater than five hundred thousand.
�
Agricultural districts
may
include
areas that are not used for, or that are not suited to, agricultural and
ancillary activities by reason of topography, soils, and other related
characteristics.
"

����
SECTION
4
.
�
Section
205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:

����
"(a)
�
Within the agricultural district, all lands
with soil classified by the land study bureau's detailed land classification as
overall (master) productivity rating class A or B and for solar energy
facilities, class B or C, shall be restricted to the following permitted uses:

����
(1)
�
Cultivation of crops, including crops for bioenergy, flowers,
vegetables, foliage, fruits, forage, and timber;

����
(2)
�
Game and fish propagation;

����
(3)
�
Raising of livestock, including poultry, bees, fish, or other
animal or aquatic life that are propagated for economic or personal use;

����
(4)
�
Farm dwellings, employee housing, farm buildings, or activities or
uses related to farming and animal husbandry.
�

For the purposes of this paragraph, "farm dwelling" means a
single-family dwelling located on and accessory to a farm, including clusters
of single-family farm dwellings permitted within agricultural parks developed
by the State, or where agricultural activity pro
vides income to the family occupying the dwelling;

����
(5)
�
Public institutions and buildings that are necessary for
agricultural practices;

����
(6)
�
Public and private open area types of recreational uses, including
day camps, picnic grounds, parks, and riding stables, but not including
dragstrips, airports, drive-in theaters, golf courses, golf driving ranges,
country clubs, and overnight camps; provided that overnight camps in operation
before January 1, 1961, may be approved by special permit;

����
(7)
�
Public, private, and quasi-public utility lines and r
oadways, transformer stations, communications
equipment buildings, solid waste transfer stations, major water storage tanks,
and appurtenant small buildings such as booster pumping stations, but not
including offices or yards for equipment, material, vehicle storage, repair or
maintenance, treatment plants, corporation yards, or other similar structures;

����
(8)
�
Retention, restoration, rehabilitation, or improvement of buildings
or sites of historic or scenic interest;

����
(9)
�
Agricultural-based commercial operations as described in section [
205-2(d)(15);
]

205-2(d)(14);

���
(10)
�
Buildings and uses, including mills, s
torage, and processing facilities, maintenance
facilities,
photovoltaic,
biogas, and other small-scale renewable energy
systems producing energy solely for use in the agricultural activities
of the fee or leasehold owner of the property, and vehicle and equipment
storage areas that are normally considered directly accessory to the
above-mentioned uses and are permitted under section 205-2(d);

���
(11)
�
Agricultural parks;

���
(12)
�
Plantation community subdivisions, which as used in this chapter
means an established subdivision or cluster of employee housing, community
buildings, and agricultural support buildings on land currently or formerly
owned, leased, or operated by a sugar or pineapple plantation; provided that
the existing structures may be used or rehabilitated for use, and new employee
housing and agricultural support buildings may be allowed on land within the
subdivision as follows:

���������
(A)
�
The employee housing is occupied by employees
or former employees of the plantation who have a property interest in the land;

���������
(B)
�
The employee housing units not owned by their
occupants shall be rented or leased at affordable rates for agricultural
workers; or

���������
(C)
�
The agricultural support buildings shall be
rented or leased to agricultural business operators or agricultural support
services;

���
(13)
�
Agricultural tourism [conducted
on a working farm, or a
farming

operation as defined in section 165-2, for the enjoyment, education, or
involvement of visitors; provided that the agricultural tourism activity is
accessory and secondary to the principal agricultural use and does not
interfere with surrounding farm operations; provided further that this
paragraph shall apply only to a county that has adopted ordinances regulating
agricultural tourism [
under section 205-5;
]
activities pursuant to
section 205- ; provided that this paragraph shall apply only
to a county that has adopted ordinances regulating agricultural tourism uses
and activities under section 205-5;

��
[
(14)
�
Agricultural
tourism activities, including overnight accommodations
of
twenty-one days or less, for any one stay within a county; provided that
this paragraph shall apply only to a
county that includes at least three islands and has adopted ordinances
regulating agricultural tourism activities pursuant to section 205-5; provided
further that the agricultural tourism activities coexist with a bona fide
agricultural activity.
�
For the purposes
of this paragraph, "bona fide agricultural activity" means a farming
operation as defined in section 165-2;

���
(15)
]

(14)
�

Wind energy facilities,
including the appurtenances associated with the production and transmission of
wind generated energy; provided that the wind energy facilities and
appurtenances are compatible with agriculture uses and cause minimal adverse
impact on agricultural land;

��
[
(16)
]

(15)
�
Biofuel
processing facilities, including the appurtenances associated with the
production and refining of biofuels that is normally considered directly
accessory and secondary to the growing of the energy feedstock; provided that b
iofuel
processing facilities and appurtenances do not adversely impact agricultural
land and other agricultural uses in the vicinity.

�������������
For the purposes of this
paragraph:

�������������
"Appurtenances"
means operational infrastructure of the appropriate type and scale for economic
commercial storage and distribution, and other similar handling of feedstock,
fuels, and other products of biofuel processing facilities.

�������������
"Biofuel processing
facility" means a facility that produces liquid or gaseous fuels from
organic sources such as biomass crops, agricultural residues, and oil crops,
including palm, canola, soybean, and waste cooking oils; grease; food wastes;
and animal residues and wastes that can be used to generate energy;

��
[
(17)
]

(16)
�

Agricultural-energy facilities, including appurtenances necessary for an
agricultural-energy enterprise; provided that the primary activity of the
agricultural-energy enterprise is agricultural activity.
�
To be considered the primary activity of an
agricultural-energy enterprise, the total acreage devoted to agricultural
activity shall be no less than ninety per cent of the total acreage of the
agricultural-energy enterprise.
�
The
agricultural-energy facility shall be limited to lands owned, leased, licensed,
or operated by the entity conducting the agricultural activity.

�������������
As used in this
paragraph:

�������������
"Agricultural
activity" means any activity described in paragraphs (1) to (3) of this
subsection.

�������������
"Agricultural-energy
enterprise" means an enterprise that integrally incorporates an
agricultural activity with an agricultural-energy facility.

�������������
"Agricultural-energy
facility" means a facility that generates, stores, or distributes
renewable energy as defined in section 269-91 or renewable fuel including
electrical or thermal energy or liquid or gaseous fuels from products of
agricultural activities from agricultural lands located in the State.

�������������
"Appurtenances"
means operational infrastructure of the appropriate type and scale for the
economic commercial generation, storage, distribution, and other similar
handling of energy, including equipment, feedstock, fuels, and other products
of agricultural-energy facilities;

��
[
(18)
]

(17)
�
Construction
and operation of wireless communication antennas, including small wireless
facilities; provided that, for the purposes of this paragraph, "wireless
communication antenna" means communications equipment that is either
freestanding or placed upon or attached to an already existing structure and
that transmits and receives electromagnetic radio signals used in the provision
of all types of wireless communications services;
provided further that "small wireless
facilities" shall have the same meaning as in section 206N-2;
provided further that nothing in this paragraph
shall be construed to permit the construction of any new structure that is not
deemed a permitted use under this subsection
;

��
[
(19)
]

(18)
�
Agricultural education programs conducted on
a farming operation as defined in section 165-2, for the education and
participation of the general public; provided that the agricultural education
programs are accessory and secondary to the principal agricultural use of the
parcels or lots on which the agricultural education programs are to occur and
do not interfere with surrounding farm operations.
�
For the purposes of this paragraph,
"agricultural education programs" means activities or events designed
to promote knowledge and understanding of agricultural activities and practices
conducted on a farming operation as defined in section 165-2;

��
[
(20)
]

(19)
�
S
olar energy facilities that do not
occupy more than ten per cent of the acreage of the parcel, or twenty acres of
land, whichever is lesser or for which a special use permit is granted pursuant
to section 205-6;
provided
that this use shall not be permitted on
lands with soil classified by
the land study bureau's detailed land classification as overall (master)
productivity rating class A;

��
[
(21)
]

(20)
�
Solar energy facilities on lands with
soil classified by the land study bureau's detailed land classification as
overall (master) productivity rating B or C for which a special use permit is
granted pursuant to section 205-6; provided that:

���������
(A)
�
The area occupied
by the solar energy facilities is also made available for compatible
agricultural activities at a lease rate that is at least fifty per cent below
the fair market rent for comparable properties;

���������
(B)
�
Proof of financial
security to decommission the facility is provided to the satisfaction of the
appropriate county planning commission before the date of commencement of
commercial generation; and

���������
(C)
�
Solar energy
facilities shall be decommissioned at the owner's expense according to the
following requirements:

�������������
(i)
�
Removal of all
equipment related to the solar energy facility within twelve months of the
conclusion of operation or useful life; and

������������
(ii)
�
Restoration of the
disturbed earth to substantially the same physical condition as existed before
the development of the solar energy facility.

���������
For the purposes of this
paragraph, "agricultural activities" means the activities described
in paragraphs (1) to (3);

��
[
(22)
]

(21)
�
Geothermal resources exploration and
geothermal resources development, as defined under section 182-1;

��
[
(23)
]

(22)
�
Hydroelectric facilities, including
the appurtenances associated with the production and transmission of
hydroelectric energy, subject to section 205-2; provided that the hydroelectric
facilities and their appurtenances:

���������
(A)
�
Shall consist of a
small hydropower facility as defined by the United States Department of Energy,
including:

�������������
(i)
�
Impoundment
facilities using a dam to store water in a reservoir;

������������
(ii)
�
A diversion or
run-of-river facility that channels a portion of a river through a canal or
channel; and

�����������
(iii)
�
Pumped storage
facilities that store energy by pumping water uphill to a reservoir at higher
elevation from a reservoir at a lower elevation to be released to turn a
turbine to generate electricity;

���������
(B)
�
Comply with the
state water code, chapter 174C;

���������
(C)
�
Shall, if over
five hundred kilowatts in hydroelectric generating capacity, have the approval
of the commission on water resource management, including a new instream flow
standard established for any new hydroelectric facility; and

���������
(D)
�
Do not impact or
impede the use of agricultural land or the availability of surface or ground
water for all uses on all parcels that are served by the ground water sources
or streams for which hydroelectric facilities are considered; or

��
[
(24)
]

(23)
�
Notwithstanding any other law to the
contrary, composting and co-composting operations; provided that operations
that process their own green waste and do not require permits from the
department of health shall use the finished composting product only on the
operation's own premises to minimize the potential spread of invasive species."

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

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

agricultural uses and services described in sections 205‑2 and 205‑4.5
may be further defined by each county by zoning ordinance.
�
[
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 use on a
working farm, or farming operation as defined in section 165‑2.
�
Ordinances shall include but not be limited
to:

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

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

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

����
(4)
�
Days and hours
of operation; and

����
(5)
�
Automatic
termination of the accessory use upon the cessation of the farming operation.

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
]
that
is equal to or exceeds the minimum lot size of
one acre be less than [
that
]
the
minimum
established
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."

PART III

����
SECTION
6
.
�
Section 141-9,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

����
"(a)
�
There [
is
]
shall be
established
within the department of agriculture and biosecurity an energy feedstock
program that shall:

����
(1)
�
Maintain
cognizance of actions taken by industry and by federal, state, county, and
private agencies in activities relating to the production of energy feedstock,
and promote and support worthwhile energy feedstock production activities in
the State;

����
(2)
�
Serve as an
information clearinghouse for energy feedstock production activities;

����
(3)
�
Coordinate
development projects to investigate and solve biological and technical problems
involved in raising selected species with commercial energy generating
potential;

����
(4)
�
Actively seek
federal funding for energy feedstock production activities;

����
(5)
�
Undertake
activities required to develop and expand the energy feedstock production
industry; and

����
(6)
�
Perform other
functions and activities as may be assigned by law, including monitoring the
compliance provisions under section [
205-4.5(a)(16).
]
205-4.5(a)(15).
"

����
SECTION
7
.
�
Section 141-13,
Hawaii Revised Statutes, is amended by amending subsection (d) to read as
follows:

����
"(d)
�
For the purposes of this section, "farmers'
market" shall have the same meaning as in section [
205-2(d)(15)(D).
]

205-2(d)(14)(D).
"

����
SECTION
8
.
�
Section 165-2,
Hawaii Revised Statutes, is amended by amending the definition of "farming
operation" to read as follows:

����
""Farming operation"
means a commercial agricultural, silvicultural, or aquacultural facility or
pursuit conducted, in whole or in part, including the care and production of
livestock and livestock products, poultry and poultry products, apiary
products, and plant and animal production for nonfood uses; the planting,
cultivating, harvesting, and processing of crops; and the farming or ranching
of any plant or animal species in a controlled salt, brackish, or freshwater
environment.
�
"Farming operation"
includes but shall not be limited to:

����
(1)
�
Agricultural-based
commercial operations as described in section [
[205-2(d)(15)];
]
205-2(d)(14);

����
(2)
�
Noises, odors,
dust, and fumes emanating from a commercial agricultural or an aquacultural
facility or pursuit;

����
(3)
�
Operation of
machinery and irrigation pumps;

����
(4)
�
Ground and aerial
seeding and spraying;

����
(5)
�
The application of
chemical fertilizers, conditioners, insecticides, pesticides, and herbicides;
and

����
(6)
�
The employment and
use of labor.

A farming operation that conducts processing
operations or salt, brackish, or freshwater aquaculture operations on land that
is zoned for industrial, commercial, or other nonagricultural use shall not, by
reason of that zoning, fall beyond the scope of this definition; provided that
those processing operations form an integral part of operations that otherwise
meet the requirements of this definition."

����
SECTION
9
.
�
Section 205-2,
Hawaii Revised Statutes, is amended by amending subsection (c) to read as
follows:

����
"
(c)
�
Rural districts shall
include activities or uses as characterized by low density residential lots of [
not
]

no
more than one dwelling house per one-half acre, except as provided by
county ordinance pursuant to section 46-4(c), in areas where
"city-like" concentration of people, structures, streets, and urban
level of services are absent, and where small farms are intermixed with low
density residential lots except that within a subdivision, as defined in
section 484-1, the commission for good cause may allow one lot of less than
one-half acre,

but [
not
]
no

less than eighteen thousand five hundred square feet, or an

equivalent residential density, within a rural subdivision and
permit the construction of one dwelling on such lot; provided that all other
dwellings in the subdivision shall have a minimum lot size of one-half acre or
21,780 square feet.
�
Such petition for
variance may be processed under the special permit procedure.
�
These districts may include contiguous areas [
which
]

that
are not suited to low density residential lots or small farms by
reason of topography, soils, and other related characteristics.
�
Rural districts shall also include golf
courses, golf driving ranges, and golf-related facilities.

����
In addition to the uses listed in this
subsection, rural districts shall include geothermal resources exploration and
geothermal resources development, as defined under section 182-1, and
construction and operation of wireless communication antenna, as defined under
section [
205-4.5(a)(18),
]
205-4.5(a)(17),
as permissible uses.
"

PART IV

����
SECTION 10.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 11.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Agricultural
Tourism Activities; Land Use Commission; Uniform Statewide Standards

Description:

Establishes
statewide, uniform standards to promote agricultural tourism activities in the
State for all counties that have adopted an agricultural tourism
ordinance.
�
Requires agricultural tourism
activities to be registered by the county planning department.
�
Requires agricultural tourism activities to
coexist with an agricultural activity on a farming operation and requires
termination of the agricultural tourism activities upon cessation of the
agricultural activity, except under certain circumstances.
�
Makes conforming amendments.
�

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