HB189 amends Hawaii’s land use law for agricultural districts to regulate agricultural tourism more specifically. The bill requires each county to adopt ordinances governing the review and permitting of agricultural tourism uses and activities on working farms or farming operations, and it treats those activities as accessory and secondary uses. Counties must address access, parking, road conditions, visitor activities, hours of operation, and the operation of related facilities such as gift shops and restaurants.
The bill also adds two substantive eligibility limits. First, the principal agricultural use must already exist before any land use or building permit is issued for the tourism-related use. Second, agricultural tourism may occur only on land where productive agricultural use is actually occurring, defined as land taxed as agricultural and current on real property taxes. Counties may also require an environmental assessment under chapter 343. The bill leaves in place county discretion over lot-size rules in agricultural districts, while preserving existing exceptions for certain consolidations, plantation community subdivisions, utility purposes, and abandoned roadway or railroad easements.
Impact
HB189 would amend section 205-5 of the Hawaii Revised Statutes, expanding county authority and responsibility to regulate agricultural tourism through local zoning ordinances. It would require counties to create permitting standards and enforcement provisions for agricultural tourism as an accessory and secondary use, and it would impose statewide baseline conditions on when such uses may be approved. The bill would affect farmers, farm operators, counties, and businesses offering tourism-related services on agricultural land by tightening the connection between tourism activity and active agricultural production.
Sentiment
The available legislative history suggests generally favorable sentiment toward the bill, as it passed second reading as amended in HD 1 and advanced without any recorded votes in opposition or with reservations. The absence of recorded dissent in the provided history indicates broad procedural support at that stage. No committee transcript excerpts were provided, so there is no additional evidence of debate or opposition in the supplied materials.
Contention
The main policy issue in HB189 is how to balance agricultural tourism with protection of agricultural land and farming integrity. Supporters appear to favor clearer county standards and stronger limits to ensure tourism remains secondary to real farm operations, while the added requirements that the farm preexist the permit and that land be in productive agricultural use are designed to prevent non-agricultural development from using the agricultural tourism label. Potential points of contention include the burden on counties to adopt and enforce new ordinances, the possibility of environmental assessment requirements, and whether the new restrictions could limit farm diversification or tourism revenue for smaller operations.