THE SENATE |
S.B. NO. |
3240 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agricultural buildings and structures.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-88, Hawaii Revised Statutes, is amended to read as follows:
"§46-88 Agricultural buildings and structures; exemptions from building permit and building code requirements. (a) Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area:
(1) Nonresidential manufactured pre-engineered
commercial buildings and structures;
(2) Single stand alone recycled ocean shipping or
cargo containers that are used as nonresidential commercial buildings and are
properly anchored;
(3) Notwithstanding the one thousand square foot
floor area restriction, agricultural shade cloth structures, cold frames, or
greenhouses not exceeding sixty thousand square feet in area per structure;
provided that where multiple structures are erected, the minimum horizontal
separation between each shade cloth structure, cold frame, or greenhouse is
fifteen feet;
(4) Aquacultural or aquaponics structures,
including above-ground water storage or production tanks, troughs, and raceways
with a maximum height of six feet above grade, and in-ground ponds and
raceways, and piping systems for aeration, carbon dioxide, or fertilizer or
crop protection chemical supplies within agricultural or aquacultural
production facilities;
(5) Livestock watering tanks, water piping and
plumbing not connected to a source of potable water, or separated by an air gap
from such a source;
(6) Non-masonry fences not exceeding ten feet in
height and masonry fences not exceeding six feet in height;
(7) One-story masonry or wood-framed buildings or
structures with a structural span of less than twenty‑five feet and a
total square footage of no more than one thousand square feet, including farm
buildings used as:
(A) Barns;
(B) Greenhouses;
(C) Farm production buildings including
aquaculture hatcheries and plant nurseries;
(D) Storage buildings for farm equipment or plant
or animal supplies or feed; or
(E) Storage or processing buildings for crops;
provided that the height of any stored items shall not collectively exceed
twelve feet in height;
(8) Raised beds containing soil, gravel, cinders,
or other growing media or substrates with wood, metal, or masonry walls or
supports with a maximum height of four feet;
(9) Horticultural tables or benches no more than
four feet in height supporting potted plants or other crops; and
(10) Nonresidential indigenous Hawaiian hale that
do not exceed five hundred square feet in size, have no kitchen or bathroom,
and are used for traditional agricultural activities or education;
provided that the buildings, structures,
and appurtenances thereto comply with all applicable state and county zoning
codes.
(b) Notwithstanding the one thousand square foot floor area restriction in subsection (a), the following buildings, structures, and appurtenances thereto shall be exempt from building permit requirements when compliant with relevant building codes or county, national, or international prescriptive construction standards:
(1) Nonresidential manufactured pre-engineered and county pre-approved commercial buildings and structures consisting of a total square footage greater than one thousand square feet but no more than eight thousand square feet; and
(2) One-story wood-framed or masonry buildings or structures with a structural span of less than twenty‑five feet and a total square footage greater than one thousand square feet but no more than eight thousand square feet constructed in accordance with county, national, or international prescriptive construction standards, including buildings used as:
(A) Barns;
(B) Greenhouses;
(C) Farm production buildings, including aquaculture hatcheries and plant nurseries;
(D) Storage buildings for farm equipment, plant or animal supplies, or feed; or
(E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height.
(c) The exemptions in subsections (a) and
(b) shall apply; provided that:
(1) The aggregate floor area of the exempted agricultural buildings shall not exceed:
(A) Five thousand square feet per zoning lot for lots of two acres or less;
(B) Eight thousand square feet per zoning lot for lots greater than two acres but no more than five acres; and
(C) Eight thousand square feet plus two per cent of the acreage per zoning lot for lots greater than five acres; provided that each exempted agricultural building is compliant with the square foot area restrictions in subsection (a) or subsection (b);
(2) The minimum horizontal separation between each agricultural building, structure, or appurtenance thereto is fifteen feet;
(3) The agricultural buildings, structures, or appurtenances thereto are located on a commercial farm or ranch and are used for general agricultural or aquacultural operations, or for purposes incidental to such operations;
(4) The agricultural buildings, structures, or appurtenances thereto are constructed or installed on property that is used primarily for agricultural or aquacultural operations, and is two or more contiguous acres in area or one or more contiguous acres in area if located in a nonresidential agricultural or aquacultural park;
(5) An owner or occupier that intends to utilize the exemptions under this section shall provide written notice to the appropriate county agency of the size, type, and location of the proposed building, structure, related appurtenances, or development. No work shall commence until the county agency has determined that a building permit for the proposed building, structure, related appurtenances, or development is not required for compliance with county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations pursuant to the National Flood Insurance Program requirements;
(6) The appropriate county agency shall certify the building, structure, related appurtenances, or development within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to paragraph (5);
(7) The owner or occupier shall provide a final
as-built written notice to the appropriate county building permitting agency of
the final as-built size, type, and location of the building, structure, related
appurtenances, or development. Such
final as-built written notification shall be provided to the county agency
within thirty calendar days of the completion, occupancy, or use of the
building, structure, related appurtenances, or development. Failure to provide such written notice may
void the building permit or building code exemption, or both, which voidance
for such failure is subject to the sole discretion of the appropriate county
building permitting agency;
(8) No electrical power and no plumbing systems
shall be connected to the building or structure [without first obtaining the
appropriate county electrical or plumbing permit, and all such installations
shall be installed under the supervision of a licensed electrician or plumber,
as appropriate, and inspected and approved by an appropriate county or licensed
inspector or, if a county building agency is unable to issue an electrical
permit because the building or structure is permit-exempt, an electrical permit
shall be issued for an electrical connection to a meter on a pole beyond the
permit-exempt structure in accordance with the installation, inspection, and approval
requirements in this paragraph;
(9) Disposal of wastewater from any building or
structure constructed or installed pursuant to this section shall comply with
chapter 342D];
[(10)] (9) Permit-exempt structures shall be
exempt from any certificate of occupancy requirements; provided that no residential
occupancy shall be allowed in any building agricultural building or structure that
is exempt from building permit and building code requirements; and
[(11)] (10) The appropriate county
fire department and county building permitting agency shall have the right to
enter the property, upon reasonable notice to the owner or occupant, to
investigate exempted agricultural buildings for compliance
with the requirements of this section; provided that if entry is refused after
reasonable notice is given, the applicable department or agency may apply to
the district court of the circuit in which the property is located for a
warrant, directed to any police officer of the circuit, commanding the police
officer to provide sufficient aid and to assist the department or agency in gaining
entry onto the property to investigate exempted agricultural buildings for
compliance with the requirements of this section.
(d) As used in this section:
"Agricultural
building" means a [development, including a nonresidential building or
structure, built for agricultural or aquacultural purposes, located on a
commercial farm or ranch constructed or installed to house farm or ranch
implements, agricultural or aquacultural feeds or supplies, livestock, poultry,
or other agricultural or aquacultural products, used in or necessary for the
operation of the farm or ranch, or for the processing and selling of farm or
ranch products.] building or structure that is only used to shelter agricultural
implements, farm products, livestock, poultry, hay, grain, or other legal horticultural
or aquacultural products.
"Agricultural
farm plan" means a document, approved by the department of agriculture, that
assesses site specific aspects of a property, outlines a series of actions developed
to meet an agricultural operation's goals, and outlines best management practices
identified as necessary to avoid potential negative environmental impacts.
"Agricultural
operation" means the planting, cultivating, harvesting, processing, or storage
of crops, including those planted, cultivated, harvested, and processed for
food, ornamental, grazing, feed, or forestry purposes, as well as the feeding,
breeding, management, and sale of animals including livestock, poultry,
honeybees, and their products.
"Appurtenance"
means an object or device in, on, or accessory to a building or structure, and
which enhances or is essential to the usefulness of the building or structure,
including but not limited to work benches, horticultural and floricultural growing
benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs,
growbeds, and filterbeds, when situated within a structure.
"Aquacultural
operation" means the propagation, cultivation, farming, harvesting,
processing, and storage of aquatic plants and animals in controlled or selected
environments for research, commercial, or stocking purposes and includes
aquaponics or any growing of plants or animals in or with aquaculture
effluents.
"Barn"
means a building used to house livestock or store hay, grain, or other agricultural
equipment or products; or both.
"Development"
means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or
materials.
["Dwelling"
means a structure, or part of a structure, which is used as a home, residence,
or sleeping place by one person or by two or more persons maintaining a common
household, to the exclusion of all others.] "Farm production building"
means a building or any part thereof that is associated with the practice of farming
and used to either:
(1) House equipment
or livestock; or
(2) Produce, store,
or process agricultural or horticultural product, including feed.
"Greenhouse"
means a glass building in which plants requiring protection from cold weather are
grown.
"Manufactured
pre-engineered commercial building or structure" means a building or
structure whose specifications comply with appropriate county codes, and have
been pre-approved by a county or building official.
["Nonresidential
building or structure" means a building or structure, including an
agricultural building, that is used only for agricultural or aquacultural
operations and is not intended for use as, or used as, a dwelling.]
"Site
specific aspects of a property" includes the following:
(1) Acreage;
(2) Soil types;
(3) Proximity to streams or other bodies of water;
(4) Water demand for the agricultural operation;
(5) Availability and sources of water;
(6) Types of livestock or crops, or both;
(7) Goals of the agricultural operation; and
(8) Available resources.
(e) This section shall not apply to buildings or
structures otherwise exempted from building permitting or building code
requirements by applicable county ordinance.
(f) This section shall not be construed to
supersede public or private lease conditions.
(g) This section shall not apply to development on land in the state land use urban district.
(h)
The State or any county shall not be liable for claims arising from
the construction of agricultural buildings, structures, related appurtenances,
or other development exempt from the building code and permitting process as
described in this section, unless the claim arises out of gross negligence or intentional
misconduct by the State or county.
(i) This section shall not apply to buildings or
structures used to store pesticides or other hazardous material unless stored
in accordance with federal and state law.
(j) This section does not exempt any new or existing agricultural buildings, structures, related appurtenances, or other development from building permit requirements and other requirements of county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations, pursuant to National Flood Insurance Program requirements.
(k) Failure to comply with the conditions of this section shall result in penalties consistent with county building department provisions.
(l) Any person seeking to construct or use an agricultural
building that is exempt from building permit and building code requirements pursuant
to this section shall have an agricultural farm plan for the affected property approved
by the department of agriculture prior to commencing construction or use; provided
that the agricultural farm plan shall contain an assessment of the site and describe
the actions taken to meet the agricultural operation's goals while protecting water
quality and natural resources;
(m) Any agricultural building that is exempt from building
permit and building code requirements pursuant to this section shall:
(1) Be constructed and
used in a manner that is consistent with the approved agricultural farm plan for
the property and in support of the agricultural activity described in the agricultural
farm plan;
(2) Be made available
by the owner or occupant for inspection by a county building inspection official
at any time; provided that failure to allow for an inspection after appropriate
notice has been provided by mail or posted at the property shall result in the issuance
of a notice of violation and notice of order and imposition of civil fines; and
(3) Not include any
of the following:
(A) Kitchens
or any elements commonly contained in a kitchen, including a stove, sink, or refrigerator;
(B) Bathrooms
or any elements commonly contained in a bathroom, including a toilet, shower, or
bathtub;
(C) Bedrooms;
(D) Utility
connections, including potable water, sewer, or electrical connections;
(E) Independent
power sources, including solar paneling or gas generators;
(F) Decks,
lanais, or balconies; or
(G) Interior
drywall."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Agricultural Buildings; Agricultural Structures; Residential Occupancy; Prohibition
Description:
Prohibits residential occupancy of agricultural buildings that are exempt from building permit and building code requirements. Establishes requirements for agricultural buildings that are exempt from building permits and building code requirements.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.