§205-2  Districting and classification of
lands.  (a)  There shall be four major land use districts in which all
lands in the State shall be placed:  urban, rural, agricultural, and
conservation.  The land use commission shall group contiguous land areas suitable
for inclusion in one of these four major districts.  The commission shall set
standards for determining the boundaries of each district, provided that:



(1)  In the establishment of boundaries of urban
districts those lands that are now in urban use and a sufficient reserve area
for foreseeable urban growth shall be included;



(2)  In the establishment of boundaries for rural
districts, areas of land composed primarily of small farms mixed with very low
density residential lots, which may be shown by a minimum density of not more
than one house per one-half acre and a minimum lot size of not less than
one-half acre shall be included, except as herein provided;



(3)  In the establishment of the boundaries of
agricultural districts the greatest possible protection shall be given to those
lands with a high capacity for intensive cultivation; and



(4)  In the establishment of the boundaries of
conservation districts, the "forest and water reserve zones" provided
in Act 234, section 2, Session Laws of Hawaii 1957, are renamed
"conservation districts" and, effective as of July 11, 1961, the
boundaries of the forest and water reserve zones theretofore established
pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute
the boundaries of the conservation districts; provided that thereafter the
power to determine the boundaries of the conservation districts shall be in the
commission.



In establishing the boundaries of the districts in
each county, the commission shall give consideration to the master plan or
general plan of the county.



(b)  Urban districts shall include activities
or uses as provided by ordinances or regulations of the county within which the
urban district is situated.



(c)  Rural districts shall include activities
or uses as characterized by low density residential lots of not more than one
dwelling house per one-half acre, except as provided by county ordinance
pursuant to section 46-4(c), in areas where "city-like" concentration
of people, structures, streets, and urban level of services are absent, and
where small farms are intermixed with low density residential lots except that
within a subdivision, as defined in section 484-1, the commission for good
cause may allow one lot of less than one-half acre, but not less than 18,500
square feet, or an equivalent residential density, within a rural
subdivision and permit the construction of one dwelling on such lot, provided
that all other dwellings in the subdivision shall have a minimum lot size of
one-half acre or 21,780 square feet.  Such petition for variance may be
processed under the special permit procedure.  These districts may include
contiguous areas which are not suited to low density residential lots or small
farms by reason of topography, soils, and other related characteristics.  Rural
districts shall also include golf courses, golf driving ranges, and
golf-related facilities.



(d)  Agricultural districts shall include:



(1)  Activities or uses as characterized by the
cultivation of crops, crops for bioenergy, orchards, forage, and forestry;



(2)  Farming activities or uses related to animal
husbandry and game and fish propagation;



(3)  Aquaculture, which means the production of
aquatic plant and animal life within ponds and other bodies of water;



(4)  Wind generated energy production for public,
private, and commercial use;



(5)  Biofuel production, as described in section 205-4.5(a)(15),
for public, private, and commercial use;



(6)  Solar energy facilities; provided that this
paragraph shall apply only to land with soil classified by the land study
bureau's detailed land classification as overall (master) productivity rating
class D or E;



(7)  Bona fide agricultural services and uses that
support the agricultural activities of the fee or leasehold owner of the
property and accessory to any of the above activities, regardless of whether
conducted on the same premises as the agricultural activities to which they are
accessory, including farm dwellings as defined in section 205-4.5(a)(4),
employee housing, farm buildings, mills, storage facilities, processing
facilities, agricultural-energy facilities as defined in section 205-4.5(a)(16),
vehicle and equipment storage areas, roadside stands for the sale of products
grown on the premises, and plantation community subdivisions as defined in
section 205-4.5(a)(12);



(8)  Wind machines and wind farms;



(9)  Small-scale meteorological, air quality, noise,
and other scientific and environmental data collection and monitoring
facilities occupying less than one-half acre of land; provided that these
facilities shall not be used as or equipped for use as living quarters or
dwellings;



(10)  Agricultural parks;



(11)  Agricultural tourism conducted on a working farm,
or a farming operation as defined in section 165-2, for the enjoyment, education,
or involvement of visitors; provided that the agricultural tourism activity is
accessory and secondary to the principal agricultural use and does not
interfere with surrounding farm operations; and provided further that this
paragraph shall apply only to a county that has adopted ordinances regulating
agricultural tourism under section 205-5; and



(12)  Open area recreational facilities.



Agricultural districts shall not include golf
courses and golf driving ranges, except as provided in section 205-4.5(d). 
Agricultural districts include areas that are not used for, or that are not
suited to, agricultural and ancillary activities by reason of topography,
soils, and other related characteristics.



(e)  Conservation districts shall include areas
necessary for protecting watersheds and water sources; preserving scenic and
historic areas; providing park lands, wilderness, and beach reserves;
conserving indigenous or endemic plants, fish, and wildlife, including those
which are threatened or endangered; preventing floods and soil erosion;
forestry; open space areas whose existing openness, natural condition, or
present state of use, if retained, would enhance the present or potential value
of abutting or surrounding communities, or would maintain or enhance the
conservation of natural or scenic resources; areas of value for recreational
purposes; other related activities; and other permitted uses not detrimental to
a multiple use conservation concept. [L 1963, c 205, pt of §2; Supp, §98H-2;
HRS §205-2; am L 1969, c 182, §5; am L 1975, c 193, §3; am L 1977, c 140, §1
and c 163, §1; am L 1980, c 24, §2; am L 1985, c 298, §2; am L 1987, c 82, §3;
am L 1989, c 5, §2; am L 1991, c 191, §1 and c 281, §2; am L 1995, c 69, §8; am
L 2005, c 205, §2; am L 2006, c 237, §3 and c 250, §1; am L 2007, c 159, §2; am
L 2008, c 31, §2 and c 145, §2]



 



Cross References



 



  Districts, generally, see chapter 4.



 



Attorney General Opinions



 



  Uses within agricultural districts.  Att. Gen. Op. 62-33, 62-38.



  Dwellings permissible under this section are further defined
by regulations established under §205-7.  Att. Gen. Op. 75-8.



 



Law Journals and Reviews



 



  Avoiding the Next Hokuli‘a:  The Debate over Hawai‘i's
Agricultural Subdivisions.  27 UH L. Rev. 441.