Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-1 - Definitions

Current through June, 2024
As used in this chapter:
"Abandoned property" means any and all property 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 or aquacultural activity" has the same
					 meaning as defined in section
					 166-2, Hawaii Revised
					 Statutes.
"Agricultural park" has the same meaning as defined in
					 section
					 166-2, Hawaii Revised
					 Statutes.
"Agricultural processing" means the processing of
					 agricultural produce or products, including dairying, grown, raised or produced
					 in Hawaii.
"Applicant" means any person, association, partnership, or
					 corporation, other than a holder of record having a security interest, which
					 acts to acquire or obtain an agricultural park lease or any interest therein,
					 including a sublease, or an interest in an association or a partnership which
					 holds the lease or stock in a corporation which holds the lease.
"Board" means the board of agriculture.
"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; or
(2) Has not less than 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.
The term "bona fide farmer" includes agricultural
					 cooperatives organized under chapter 421, Hawaii Revised Statutes, 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 the stock issued by the
					 corporation is owned by persons who qualify individually as bona fide farmers.
					 For the purposes of this chapter, "bona fide farmer" also includes "qualified
					 aquaculturalist" as defined in section
					 219-2, Hawaii Revised
					 Statutes.
"Chairperson" means the chairperson of the board of
					 agriculture.
"Corporate successor" means a solely-owned corporation
					 which, through assignment of lease, succeeds an agricultural park lessee 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.
"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.
"Farm" also means "ranch" and "farmer" also means
					 "rancher."
"Farm dwelling" means a single-family dwelling or employee
					 dwelling located on a farm and used in connection with agricultural or
					 aquacultural activities.
"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 4-153-35 and who has filed a copy
					 of the interest with the department and the bureau of conveyances of the
					 State.
"New farmer" means a person who is:
(1) A college or community college graduate in agriculture
					 or aquaculture 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.
"Person" means an individual, or partnership, corporation,
					 association, or agricultural cooperative organized under chapter 421, Hawaii
					 Revised Statutes, except as otherwise defined in this chapter.
"Public purpose", as used in this chapter, unless the
					 context clearly indicates otherwise, means all public uses, including but not
					 limited to the straightening of boundaries of public lands, acquisition of
					 access to landlocked public lands, the consolidation of holdings of public
					 lands and the development of agricultural parks and residential, commercial,
					 industrial, or resort projects on public lands.
"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.
"State" means the State of Hawaii.