Bill Text: HI SB2365 | 2012 | Regular Session | Introduced

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Bill Title: Agriculture; Building Permits; Exemption

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - (S) The committee(s) on AGL deleted the measure from the public hearing scheduled on 02-02-12 4:00PM in conference room 229. [SB2365 Detail]

Download: Hawaii-2012-SB2365-Introduced.html

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THE SENATE	S.B. NO.	2365
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to building permits.

 

 

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

 

     SECTION 1.  The legislature finds that existing building codes and permitting processes are overly burdensome to the State's commercial agriculture and aquaculture industries; add substantially to the time and costs associated with establishing or expanding farming and ranching enterprises in the State; and are counterproductive to the State's goals of expanding local food and bioenergy production, increasing the State's self-sufficiency in basic and critical economic sectors, and improving the economic well-being of the State's rural farming communities.

     Building codes are the result of national efforts in the early 1900s to mitigate large-scale fire loss.  Since the largest of these devastating fires were primarily in large urban areas, the move to adopt uniform building codes generally did not include rural structures, particularly since the loss of an agricultural building seldom leads to the loss of human life.  Rural buildings are also generally somewhat isolated, so fire does not usually spread to a large number of other buildings, as it can more easily do in an urban setting.  While the complexity and reach of building codes have expanded dramatically over the past century, the agricultural building exemptions present in statute or code in many prominent agricultural states have stayed largely in place, exempting agricultural buildings and, in a number of states, agricultural dwellings from the zoning and building codes and permit processes.

     The legislature also finds that the State of Hawaii does not currently have an agricultural building exemption in statute despite its long agricultural history, dependency on food and fuel imports, and the inclusion of specific wording in the Hawaii State Constitution, article XI, section 3, that the State shall "promote diversified agriculture" and "increase agricultural self-sufficiency".

     The purpose of this Act is to encourage and support diversified agriculture and agricultural self-sufficiency in the State by providing an agricultural building exemption from building permitting requirements for certain buildings on commercial farms and ranches located outside of the urban zone.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Agricultural buildings; no building permit required.  (a)  Notwithstanding any law to the contrary, no county shall require a building permit for the construction, installation, or operation of low-risk nonresidential agricultural buildings, or appurtenances thereto, located on commercial farms or ranches used for general agricultural operations or purposes incidental to such farming or ranching; provided that:

     (1)  The low-risk nonresidential building is constructed or installed on a lot that is two or more contiguous acres in area and primarily used for agricultural operations;

     (2)  Upon completion of construction or installation of a low-risk nonresidential agricultural building, the owner or occupier shall provide written notice to the appropriate fire department and county building permitting agency of the size, type, and location of the building;

     (3)  A building constructed or installed pursuant to this section that will be serviced with electricity shall comply with the applicable electrical code;

     (4)  Disposal of wastewater from any building constructed pursuant to this section shall comply with applicable state wastewater regulations pursuant to section 342D; and

     (5)  This section shall not apply to buildings otherwise exempted from the building permitting or building code requirements by applicable county ordinance.

     (b)  As used in this section:

     "Agricultural building" means a building or structure located on a commercial farm or ranch which was designed, constructed, or installed for agricultural operation, farm or ranch implements, agricultural or aquacultural feeds or supplies, livestock, poultry, or other agricultural or aquacultural products used in the operation of the farm or ranch.  This building or structure shall not be a place of human habitation or occupancy.

     "Agricultural operations" means:

     (1)  The planting, cultivating, harvesting, processing, and storage of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, feed, or forestry purposes; and the feeding, breeding, management, and sale of animals, including livestock, poultry, honeybees, and their products; or

     (2)  Aquacultural activity including but not limited to the propagation, cultivation, farming, harvesting, processing, and storage of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes, including aquaponics or any growing of plants or animals in or with aquaculture effluents.

     "Low-risk nonresidential agricultural building" means a nonresidential agricultural building that:

     (1)  Complies with applicable setback codes;

     (2)  Complies with the respective county's applicable regulations that are based on the International Building Code as published by the International Code Council; and

     (3)  Has been properly anchored.

Low-risk nonresidential agricultural building includes but is not limited to a nonresidential manufactured or pre-engineered building or structure, and appurtenances thereto; recycled ocean shipping or cargo container; agricultural shade cloth structure, cold frame or greenhouse; aquaculture or aquaponics structure; aquaculture or aquaponics water storage or production tank or raceway; livestock watering tank; fence; one-story masonry or wood-framed building or structure with structural spans of less than twenty-five feet, including but not limited to a farm building used as a barn, a greenhouse, a farm production building, a storage building for farm equipment, plant or animal supplies or feed, and a storage or processing building for crops; or a masonry or wood-framed building or structure with structural spans twenty-five feet or more.

     "Nonresidential" means a building or structure that is used only for agricultural operations; and is not intended for use as, or used as, a dwelling.

     (c)  This section shall not apply to the construction or installation of any building or structure on land that is classified or zoned as urban."

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Agriculture; Building Permits; Exemption

 

Description:

Exempts low-risk nonresidential agricultural buildings from the county building permit process.

 

 

 

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