HOUSE OF REPRESENTATIVES

H.B. NO.

2131

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agricultural lands.

 

 

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-     Community association rules restricting use of agricultural lands; prohibition.  (a)  Notwithstanding any law to the contrary, no community association shall adapt any rule over residential agricultural land that restricts the use of that land for agricultural purposes.

     (b)  For purposes of this section:

     "Community association" means any association of homeowners, community association, cooperative, or any other nongovernmental entity duly incorporated pursuant to the laws of the State with covenants, bylaws, and administrative provisions with which the landowner's compliance is required.

     "Residential agricultural land" means any parcel of land that is:

     (1)  Designated as within an agricultural district pursuant to section 205-2; and

     (2)  Zoned as agricultural land pursuant to section 46-4."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Department of Agriculture; Hawaii Right to Farm Act; Agricultural Districts; Community Associations

 

Description:

Prohibits community associations from adapting any rule over residential agricultural lands that restricts the use of that land for agricultural purposes.

 

 

 

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