Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 158 - NON-AGRICULTURAL PARK LANDS PROGRAM RULES › Subchapter 1 - TRANSFER OF NON-AGRICULTURAL PARK LANDS › Section 4-158-1 - Definitions

Current through June, 2024
As used in this chapter:
"Abandoned property" means any and all property, unless the
					 context clearly indicates otherwise, including personal property, items,
					 materials, equipment, fixtures, motor vehicles, or vessels, that have been left
					 unattended on land owned or controlled by the State without authority for a
					 continuous period of more than twenty-four hours.
"Administrator" means the head of the division of
					 agricultural resource management, department of agriculture, or any officer or
					 employee to whom authority has been duly designated.
"Agricultural activities" means the care and production of
					 livestock, livestock products, poultry, or poultry products, or apiary,
					 horticultural, or floricultural products, or the planting, cultivating, and
					 harvesting of crops or trees; has the same meaning as defined in section
					 166E-2, HRS.
"Agricultural commodity" means any agricultural product,
					 including but not limited to, horticultural (including floriculture), nuts,
					 coffee, whether cherry, parchment, or green beans, fresh fruits and fresh
					 vegetables of every kind and character, whether or not frozen or packed in ice,
					 whether produced in the State or imported, products, livestock and livestock
					 products, bees and honey, poultry and poultry products, egg and egg products,
					 timber and Christmas trees, fish and fish products either in their natural
					 state or as processed by the producer thereof or by a processor, as defined in
					 this section.
"Agricultural processing" means the processing of
					 agricultural produce or products, including dairying, grown, raised, or
					 produced in Hawaii.
"Agriculture or agricultural" means the planting,
					 cultivating, harvesting, and processing of crops, including those planted,
					 cultivated, harvested, and processed for food, ornamental, grazing, or forestry
					 purposes, and including aquatic life farmed or ranched.
"Animal unit" means one mature cow or horse; two yearling
					 steers or heifers; five mature sheep; twelve weaned lambs; or two colts.
"Applicant" means any person or entity, which acts to
					 acquire or obtain a lease or any interest therein, including a sublease, or an
					 interest in an association or a partnership which either holds the lease or
					 owns the stock in a corporation which holds the lease.
"Aquacultural activities" means the farming or ranching of
					 any plant or animal species in a controlled salt, brackish, or freshwater
					 environment; provided that such farm or ranch is on or directly adjacent to
					 land; has the same meaning as defined in section
					 166-2, HRS.
"Board" means the board of agriculture or its designated
					 representative.
"Bona fide farmer" means a person who:
(1) Was an owner-operator of an established farm conducting
					 a substantial farming operation and for a substantial period of the person's
					 life resided on a farm or depended on farm income for livelihood;
(2) Has at least two years' experience as a full-time
					 farmer or four years' experience as a part-time farmer and who, in the
					 administrator's judgment, is likely to successfully operate a farm by reason of
					 ability, experience, and training as a vocational trainee;
(3) Has qualified for and received a commitment for a loan
					 under the Bankhead-Jones Farm Tenant Act, as amended, or as may hereafter be
					 amended, for the acquisition of a farm; or
(4) Is a member of the Hawaii Young Farmer Association or a
					 Future Farmer of America graduate with two years of training with farming
					 projects.
The term "bona fide farmer" includes agricultural
					 cooperatives organized under chapter 421, HRS, or other agricultural
					 associations or partnerships, at least seventy-five per cent of the members of
					 which would qualify individually as bona fide farmers. It also includes
					 corporations incorporated primarily for agricultural production purposes where
					 at least seventy-five per cent of its trustees, officers, stockholders, and
					 members qualify individually, excluding a holder of record having a security
					 interest. For the purposes of this chapter, "bona fide farmer" also includes
					 "beekeeper", and "qualified aquaculturalist" as defined in section
					 219-2, HRS.
"Carrying capacity" means the maximum number of animal
					 units which an area will support over a period of years without injury to the
					 soil, forage resources, tree growth, watershed, or unwarranted interference
					 with other services of the land.
"Chairperson" means the chairperson of the board of
					 agriculture.
"Commercial exporter" means any person who is engaged in
					 the business of exporting fresh or processed agricultural commodities to points
					 outside the State.
"Consumer" means any person or firm purchasing agricultural
					 commodities for human consumption or animal consumption.
"Conversion" means the extinguishing of an existing
					 encumbrance and the issuance of a new long-term lease to the existing
					 lessee.
"Corporate successor" means a solely-owned corporation
					 which, through assignment of lease, succeeds to the interest of a lessee and
					 who shall own all of the stock issued by, and be the principal officer of, the
					 corporation.
"Department" means the department of agriculture.
"Displaced farmer" means a person who is or will be
					 displaced from land that was condemned, taken, or repossessed by a governmental
					 authority or private person within five years of application date.
"Division" means the agricultural resource management
					 division of the department of agriculture.
"Economic unit" means the minimum size land area that is
					 economically suitable for the operation of a farm.
"Encumbrance" means any instrument issued including but not
					 limited to lease, permit, license, easement, grant, contract, or authorization
					 to occupy and use non-agricultural park lands under terms and conditions of
					 this chapter.
"Established date of operation" means the date on which the
					 original farming operation first commenced operation. If the physical
					 facilities of the farming operation are subsequently expanded or new technology
					 adopted, the established date of operation for each change shall be the same as
					 the established date of operation for the original operation, provided that
					 this does not violate existing state law or county ordinances.
"Farm" also means "ranch" and "farmer" also means
					 "rancher".
"Farm dwelling" means a single- or multiple-family dwelling
					 or employee dwelling located on a farm and used in connection with agricultural
					 or aquacultural activities.
"Farming operation" means a commercial agricultural or
					 aquacultural facility or pursuit conducted, in whole or in part, including the
					 care and production of livestock and livestock products, poultry and poultry
					 products, and apiary, horticultural, or floricultural products; the planting,
					 cultivating, and harvesting and processing of crops; and the farming or
					 ranching of any plant or animal species in a controlled salt, brackish, or
					 freshwater environment. "Farming operation" also includes, but shall not be
					 limited to marketed produce at roadside stands or farm markets; noises, odors,
					 dust, and fumes emanating from a commercial agricultural or an aquacultural
					 facility or pursuit; operation of machinery and irrigation pumps; ground and
					 aerial seeding and spraying; the application of chemical fertilizers,
					 conditioners, insecticides, pesticides, and herbicides; and the employment and
					 use of labor. A farming operation that conducts processing operations or salt,
					 brackish, or freshwater aquaculture operations on land that is zoned for
					 industrial, commercial, or other non-agricultural use shall not, by reason of
					 that zoning, fall beyond the scope of this definition; provided that those
					 processing operations form an integral part of operations that otherwise meet
					 the requirements of this definition.
"Holder of record having a security interest" means a
					 person who is the owner or possessor of a security interest in any land covered
					 in section 4-158-36 and who has filed a copy
					 of the interest with the department and the bureau of conveyances of the
					 State.
"Land" includes all interests therein and natural resources
					 including water, minerals, and all such things connected with land, unless
					 otherwise expressly provided.
"Land agent" means the land agent of the public lands of
					 the district where the land is situated, and is interchangeable with "property
					 manager".
"Land license" means a privilege granted to enter land for
					 a certain special purpose such as the removal of timber, soil, sand, gravel,
					 stone, hapuu, and plants. "Land license" does not include ground or surface
					 water rights, or removal of minerals.
"Land patent" means a government grant of real estate in
					 fee simple.
"Lease" means the right to possess and use land for a term
					 of years.
"New farmer" means a person who is:
(1) A college or community college graduate in agriculture,
					 aquaculture, or beekeeping who has less than two years'' experience as a
					 full-time farmer or less than four years' experience as a part-time farmer;
					 or
(2) A person who by reason of ability, experience, and
					 training as a vocational trainee is likely to successfully operate a farm, as
					 determined by the administrator.
"Non-conforming use" means a use formerly permitted but
					 presently incompatible with the permitted land use in a zoning district.
"Offgrade" is a descriptive term applicable to agricultural
					 commodities which have a market value, and designates a quality lower than the
					 lowest applicable grade in Hawaii, or other states in the Union for each
					 agricultural commodity.
"Partner" means a person, firm, corporation, partnership,
					 association, trust, or other legal entity, or a combination of any thereof, who
					 or which has experience in the development and subdivision of land for
					 agricultural or aquacultural uses and has the financial ability satisfactory to
					 the board to develop and subdivide land and enter into a joint venture as
					 provided in this section.
"Processed" means canned, preserved, frozen, pickled,
					 dried, or otherwise prepared with or without any ingredients added
					 thereto.
"Processor" means any person engaged within this State in
					 the operation of producing for processing, or in the operation of receiving,
					 grading, packing, canning, fermenting, distilling, extracting, preserving,
					 grinding, crushing, or changing the form of an agricultural commodity for the
					 purposes of marketing such product, in the intrastate commerce, but excludes a
					 person engaged in manufacturing from an agricultural commodity, so changed in
					 form, to another and different product. Examples: wine maker, kukui nut oil
					 extractor, taro flour maker, etc.
"Produce dealer" means any person other than a producer who
					 is engaged in the selling, marketing, or distributing of any agricultural
					 commodity or in the business of soliciting.
"Producer" means any person engaged within this State in
					 the growing or producing for market of any agricultural commodity, or any
					 cooperative association of such persons.
"Product" means an agricultural commodity which has been
					 produced by the producer and placed in condition for sale or distribution by
					 the producer, distributor, or handler.
"Public lands" means all lands which have been given the
					 status of public lands under chapter
					 171, HRS, and excluded by section
					 171-2,
					 HRS; including all of the transferred non-agricultural park lands collectively
					 and individually under chapter 166E, HRS, and to which the department of
					 agriculture holds title by way of foreclosure, voluntary surrender, or
					 otherwise, to recover moneys loaned or to recover debts otherwise owed the
					 department under chapter 167.
"Public purpose" as used in this chapter, unless the
					 context clearly indicates otherwise, includes but shall not be limited to all
					 public uses, the straightening of boundaries of public lands, acquisition of
					 access to landlocked public lands, the consolidation of the holdings of public
					 lands, development of houselots, farmlots, and industrial parks.
"Qualified aquaculturalist" means a person who:
(1) Is actively engaged in aquaculture farming,
					 aquacultural produce processing, or aquacultural product development
					 activities; and
(2) Is a bona fide farmer or new farmer as defined in this
					 chapter.
"Seized property" or "property seized" means any and all
					 property, including personal property, items, materials, equipment, fixtures,
					 motor vehicles, or vessels, that has been seized by the State as the result of
					 an unauthorized use of or encroachment on land owned or controlled by the
					 State.
"State" means the State of Hawaii.
"Unencumbered public lands" means any lands defined as
					 public lands by section
					 171-2,
					 HRS, and which have not been:
(1) Set aside for any purpose, by statute, executive order,
					 or other means to a governmental agency; or
(2) Encumbered by lease, license, permit, easement, or
					 other document issued by the department.
Unencumbered public lands include, but are not limited to,
					 beach and coastal areas, submerged lands, and mountainous nonforest reserve,
					 wildlife, or park areas.