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

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

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

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

(4)  In the establishment of the boundaries ofconservation districts, the "forest and water reserve zones" providedin Act 234, section 2, Session Laws of Hawaii 1957, are renamed"conservation districts" and, effective as of July 11, 1961, theboundaries of the forest and water reserve zones theretofore establishedpursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitutethe boundaries of the conservation districts; provided that thereafter thepower to determine the boundaries of the conservation districts shall be in thecommission.

In establishing the boundaries of the districts ineach county, the commission shall give consideration to the master plan orgeneral plan of the county.

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

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

(d)  Agricultural districts shall include:

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

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

(3)  Aquaculture, which means the production ofaquatic 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 thisparagraph shall apply only to land with soil classified by the land studybureau's detailed land classification as overall (master) productivity ratingclass D or E;

(7)  Bona fide agricultural services and uses thatsupport the agricultural activities of the fee or leasehold owner of theproperty and accessory to any of the above activities, regardless of whetherconducted on the same premises as the agricultural activities to which they areaccessory, including farm dwellings as defined in section 205-4.5(a)(4),employee housing, farm buildings, mills, storage facilities, processingfacilities, agricultural-energy facilities as defined in section 205-4.5(a)(16),vehicle and equipment storage areas, roadside stands for the sale of productsgrown on the premises, and plantation community subdivisions as defined insection 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 monitoringfacilities occupying less than one-half acre of land; provided that thesefacilities shall not be used as or equipped for use as living quarters ordwellings;

(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 isaccessory and secondary to the principal agricultural use and does notinterfere with surrounding farm operations; and provided further that thisparagraph shall apply only to a county that has adopted ordinances regulatingagricultural tourism under section 205-5; and

(12)  Open area recreational facilities.

Agricultural districts shall not include golfcourses 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 notsuited to, agricultural and ancillary activities by reason of topography,soils, and other related characteristics.

(e)  Conservation districts shall include areasnecessary for protecting watersheds and water sources; preserving scenic andhistoric areas; providing park lands, wilderness, and beach reserves;conserving indigenous or endemic plants, fish, and wildlife, including thosewhich are threatened or endangered; preventing floods and soil erosion;forestry; open space areas whose existing openness, natural condition, orpresent state of use, if retained, would enhance the present or potential valueof abutting or surrounding communities, or would maintain or enhance theconservation of natural or scenic resources; areas of value for recreationalpurposes; other related activities; and other permitted uses not detrimental toa 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, §1and 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; amL 2005, c 205, §2; am L 2006, c 237, §3 and c 250, §1; am L 2007, c 159, §2; amL 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 definedby regulations established under §205-7.  Att. Gen. Op. 75-8.

 

Law Journals and Reviews

 

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