Haw. Code R. § 15-220-38 - Agricultural use and structures

(a) The following agricultural buildings and structures that are not used as dwellings or lodging units are exempt from HCDA permit requirements where the buildings or structures do not exceed one thousand square feet;

(1) Nonresidential manufactured pre-engineered commercial buildings and structures;

(2) Single stand-alone recycled ocean shipping or cargo containers that are used as nonresidential 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 twenty thousand square feet in area per structure;

(4) Aquaculture or aquaponics structures, including above-ground water storage or production tanks, troughs, and raceways with a maximum height of six feet about grade, and in-ground ponds and raceways, and piping systems for aeration, carbon dioxide, or fertilizer or crop protection chemical supplies within agriculture or aquacultural production facilities;

(5) Livestock watering tanks, water piping and plumbing not connected to a source of potable water, or separation 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 that are not located along Kamehameha Highway or adjacent to any private property;

(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 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;

(b) Notwithstanding the one thousand square foot floor area restriction in subsection (a), the following buildings, structures, and appurtenances shall require a rules clearance permit when in compliance with relevant 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 relevant 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 for project sites of two acres or less;

(B) Eight thousand square feet for project sites greater than two acres, but not more than eight acres; and

(C) Eight thousand square feet plus two per cent of the acreage per project site for sites greater than five acres, provided that each exempted agricultural building is compliant with restrictions in subsections (a) and (b);

(2) The minimum horizontal separation between each agricultural building, structure, or appurtenance is fifteen feet;

(3) The agricultural buildings, structures, or appurtenances are constructed or installed on property that is used primarily for agricultural or aquacultural operations and are used for general agricultural or aquaculture;

(4) No electrical power and no plumbing shall be connected to the building or structure without first obtaining the appropriate county electrical or plumbing permit; and

(5) Disposal of wastewater from any building or structure constructed or installed pursuant to this section shall comply with chapter 342D, HRS; and

(6) The applicant shall submit written notice to the city and county of Honolulu of the size, type, and location of the proposed agricultural building to confirm that the project is in compliance with applicable county, state and federal codes, statutes, rules or regulations.

Notes

Haw. Code R. § 15-220-38

[Eff 8/9/2021] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp : HRS §§ 206E-4, 206E-5, 206E-7, 46-88)