SB 2123: DAB; BAB; Agricultural Park Lots; Farm Dwellings; Land Use; Inspections

A BILL FOR AN ACT

RELATING TO FARM DWELLINGS.

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

     SECTION 1.  The legislature finds that the emergence of farm dwellings on agricultural park lots has contributed to community complaints regarding dust, noise pollution, and other nuisances arising from the residential use of farm dwellings.  In particular, concerns raised about residential activity on Maui agricultural park lots continue to burden existing farmers and ranchers.

     The purpose of this Act is to prohibit:

     (1)  Any person from residing, living, dwelling, or sleeping on any agricultural park lot unless within a farm dwelling that is permitted by the board of agriculture and biosecurity after the board conducts a thorough review of the proposed use; and

     (2)  The construction of new farm dwellings on any agricultural park lot.

     SECTION 2.  Chapter 166, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§166-    Farm dwellings; prohibited.  No person shall reside, live, dwell, or sleep on any agricultural park lot, except within a farm dwelling permitted by the board after a thorough and comprehensive review that includes input from adjacent landowners and lessees; provided that the board's review shall include an evaluation of whether there are appropriate buffer zones in place to address dust, noise pollution, and other nuisances that may arise from the proposed use of the farm dwelling."

     SECTION 3.  During fiscal year 2026-2027, the department of agriculture and biosecurity may inspect each agricultural park lot for unpermitted farm dwellings.  If an unpermitted farm dwelling is found, the information shall be referred to the board of agriculture and biosecurity.

     SECTION 4.  New statutory material is underscored.

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

Report Title:

DAB; BAB; Agricultural Park Lots; Farm Dwellings; Land Use; Inspections

Description:

Prohibits residing on agricultural park lots unless within a farm dwelling permitted by the Board of Agriculture and Biosecurity.  Authorizes the Department of Agriculture and Biosecurity to conduct inspections of agricultural park lots for unpermitted farm dwellings during fiscal year 2026-2027.

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