Farmers and ranchers should be aware of a new law passed by theLegislature last session that adds another layer of protection forHawaii agriculture.
A new section was added to the Land Use Law (chapter 205) requiringthat before the State Land Use Commission approves a petition for a“boundary amendment” (a change in the state’s land use designation fora parcel), for lands “contiguous or adjacent to” land designatedagricultural, it must include two conditions.
First, the conditions must prohibit any action that would interferewith or “restrain” farming operations, as long as those farmingoperations are consistent with generally accepted agricultural andmanagement practices. This requirement mirrors the language in Hawaii’sRight to Farm Act, which prohibits nuisance lawsuits against farmersand ranchers who employ generally accepted practices. In other words,farmers and ranchers determine what are the best agricultural andmanagement practices.
“Farming operation” is also defined by reference to the Right to FarmAct, which defines the term broadly to include agriculture,aquaculture, and ranching operations, among others. Also included areaccessory uses such roadside stands, fertilizer application, and laboroperations.
Second, all prospective developers or purchasers of the land must benotified about the requirements of the Right to Farm act, and thatnotice must be included in any real estate disclosures.
The intent behind the new law is to prevent farmers and ranchers fromhaving to absorb all of the impacts when non-agricultural interestsmove next to or near land designated for agricultural uses. Previously,when non-agricultural interests moved next to a farm, for example, thefarmer may have been called upon to establish a buffer on his land toprotect his new neighbor from things such as spray drift or othercommon agricultural practices.
The new law makes it necessary to take the farmer into consideration,and to provide notice to all involved, in order to foster discussionand prevent farmers and ranchers from having to bear the entire burdenof encroaching urban uses.
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