§205-45.5 Important agricultural land; farm dwellings and employee housing. A landowner whose agricultural lands are designated as important agricultural lands may develop, construct, and maintain farm dwellings and employee housing for farmers, employees, and their immediate family members on these lands; provided that:
(1) The farm dwellings and employee housing units shall be used exclusively by farmers and their immediate family members who actively and currently farm on important agricultural land upon which the dwelling is situated; provided further that the immediate family members of a farmer may live in separate dwelling units situated on the same designated land;
(2) Employee housing units shall be used exclusively by employees and their immediate family members who actively and currently work on important agricultural land upon which the housing unit is situated; provided further that the immediate family members of the employee shall not live in separate housing units and shall live with the employee;
(3) The total land area upon which the farm dwellings and employee housing units and all appurtenances are situated shall not occupy more than five per cent of the total important agricultural land area controlled by the farmer or the employee's employer or fifty acres, whichever is less;
(4) The farm dwellings and employee housing units shall meet all applicable building code requirements;
(5) Notwithstanding section 205-4.5(a)(12), the landowner shall not plan or develop a residential subdivision on the important agricultural land;
(6) Consideration may be given to the cluster development of farm dwellings and employee housing units to maximize the land area available for agricultural production; and
(7) The plans for farm dwellings and employee housing units shall be supported by agricultural plans that are approved by the department of agriculture. [L 2008, c 233, §2]
Structure Hawaii Revised Statutes
Title 13. Planning and Economic Development
205-1 Establishment of the commission.
205-2 Districting and classification of lands.
205-3 Retention of district boundaries.
205-3.1 Amendments to district boundaries.
205-3.5 Reclassification of land contiguous to an agricultural district; approval conditions.
205-4 Amendments to district boundaries involving land areas greater than fifteen acres.
205-4.5 Permissible uses within the agricultural districts.
205-4.6 Private restrictions on agricultural uses and activities; not allowed.
205-7 Adoption, amendment or repeal of rules.
205-16 Compliance with the Hawaii state plan.
205-16.1 and 205-16.2 REPEALED.
205-17 Land use commission decision-making criteria.
205-42 Important agricultural lands; definition and objectives.
205-43 Important agricultural lands; policies.
205-44 Standards and criteria for the identification of important agricultural lands.
205-44.5 Important agricultural lands; public lands.
205-45 Petition by farmer or landowner.
205-45.5 Important agricultural land; farm dwellings and employee housing.
205-46 Incentives for important agricultural lands.
205-46.5 Agricultural processing facilities; permits; priority.
205-47 Identification of important agricultural lands; county process.
205-48 Receipt of maps of eligible important agricultural lands; land use commission.
205-49 Designation of important agricultural lands; adoption of important agricultural lands maps.
205-50 Standards and criteria for the reclassification or rezoning of important agricultural lands.
205-51 Important agricultural lands; county ordinances.
205-52 Periodic review and amendment of important agricultural lands maps.