§205-4.6 Private restrictions on agricultural uses and activities; not allowed. (a) Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any:
(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subjects the agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes; provided that any private agreement contained in a conveyance of land recorded on or before July 8, 2003, that:
(A) Limits or prohibits agricultural use or activity; and
(B) Is renewed and recorded in the bureau of conveyances after July 8, 2003,
shall be considered a new private agreement that is subject to the prohibition on agricultural use and activity restrictions under this section; and
(2) Condominium declaration, map, bylaws, and other documents executed and submitted in accordance with chapter 514B or any predecessor thereto.
Any private restriction limiting or prohibiting agricultural use or activity shall be voidable, subject to special restrictions enacted by the county ordinance pursuant to section 46-4; except that restrictions taken to protect environmental or cultural resources, agricultural leases, utility easements, and access easements shall not be subject to this section.
(b) For purposes of this section, "agricultural leases" means leases where the leased land is primarily utilized for purposes set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am L 2004, c 170, §1; am L 2014, c 49, §2; am L 2017, c 181, §7; am L 2021, c 94, §2]
Law Journals and Reviews
"Urban Type Residential Communities in the Guise of Agricultural Subdivisions:" Addressing an Impermissible Use of Hawai`i's Agricultural District. 25 UH L. Rev. 199 (2002).
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.