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GM 1134

Informing the Legislature that on May 26, 2026, the Governor signed the following bill into law: HB1737 HD3 SD2 CD1 (ACT 034).

2026 Regular Session

Expands Hawaii’s agricultural district uses to include farm employee housing, renewable energy, agritourism, and related facilities while preserving farming and allowing county reg

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Bill Summary · GM 1134

Overview

GM 1134 (Session 2026, Hawaii) informs the Legislature that HB1737 HD3 SD2 CD1 has been signed into law as Act 034 on May 26, 2026. The enacted measure, HB1737, relates to farm employee housing and makes substantial amendments to Hawaii’s agricultural district zoning provisions, including definitions, permitted uses, and housing-related requirements.

Main purpose and intent

  • To regulate and expand allowed uses within Hawaii’s agricultural districts, with a focus on supporting agricultural activities and farm-related housing.
  • To authorize and delineate farm employee housing and related agricultural activities as permitted or regulated land uses.
  • To address integration of energy, tourism, and other activities in agricultural areas in a manner compatible with farming operations, while preserving agricultural land and preventing inappropriate non-agricultural encroachment.

Key provisions and changes

  • Section 1: Expands and clarifies agricultural district uses, including but not limited to:
    • Crop production, bioenergy crops, orchards, forage, forestry.
    • Animal husbandry, game and fish propagation.
    • Aquaculture, wind-generated energy production, biofuel and solar energy facilities (with spacing and productivity restrictions), bona fide agricultural services, farm dwellings, farm employee housing, and related facilities (dwellings, buildings, mills, storage, processing, renewable energy systems, etc.).
    • Agricultural tourism and educational programs, with constraints to be secondary to principal agricultural use and subject to county ordinances.
    • Open area recreation facilities, geothermal resources exploration, agricultural-based commercial operations, and plantation community subdivisions.
    • Solar energy facilities, including specific size limits and decommissioning requirements; provisions for special permits; and compatibility with agriculture.
    • Hydroelectric facilities, subject to water resource management approvals and non-interference with agricultural land and water.
    • Composting and co-composting, with restrictions on use of finished compost on own premises to limit invasive species spread.
  • Section 2: Amends Section 205-4.5 to specify permitted uses within the agricultural district:
    • For lands with soil classified as overall (master) productivity class A or B (and certain solar facility classifications B or C), or other specified classes, uses include cultivation, livestock, farm dwellings and farm employee housing, and other related activities listed in prior subsections.
    • Defines farm dwellings and farm employee housing details:
    • Farm dwelling: single-family dwelling on a farm where agricultural activity occurs; may include clusters in agricultural parks.
    • Farm employee housing: one or more dwelling units accessory to the farm operation; size limits (each unit not exceeding 800 square feet); occupancy limits to active agricultural employees and their immediate families; prohibition on converting ownership to condo-style regimes; potential for agricultural tourism on the same parcel if secondary and compliant with county rules.
    • Adds allowances for public institutions, utilities, historic/restoration uses, agricultural-energy facilities, wind and solar projects (with efficiency and decommissioning conditions), and other related activities.
    • Establishes that agricultural tourism and overnight accommodations up to 21 days may be allowed in counties with appropriate ordinances regulating agricultural tourism.
    • Describes plantation-related housing provisions for former or existing sugar/pineapple plantations, including conditions under which farm employee housing can be used and rented at affordable rates.
    • Reiterates the need for counties to regulate density, building size, setbacks, etc., per local zoning authority.
  • Section 3: Reiterates removal of bracketed material and insertion of new text (codifies changes into the statute).
  • Section 4: Takes effect upon approval (May 26, 2026).

Who and what is affected

  • Agricultural landowners and operators within Hawaii’s agricultural districts.
  • Developers proposing solar, wind, geothermal, hydroelectric, and biofuel facilities in agricultural areas.
  • Farm dwellers and farm employees (housing provisions, occupancy rules, unit size limits).
  • Counties (through local ordinances) administering agricultural tourism, zoning density, building standards, and setbacks.
  • Entities involved in agricultural-energy ventures and agricultural-based commercial operations.
  • Communities seeking agricultural tourism experiences or educational programs attached to farming operations.

Procedural and timeline aspects

  • Act 034 was approved by the Governor on May 26, 2026.
  • The act enacts changes to sections 205-2 and 205-4.5, with effective date upon approval.
  • Counties retain authority to regulate zoning, density, building size, and setbacks within the agricultural district, consistent with state law.

Potential impacts and considerations

  • Expanded flexibility for agricultural districts to host energy facilities, tourism, and related supportive uses, provided they do not unduly interfere with farming.
  • Clear housing standards for farm employee housing, including size limits and occupancy restrictions, aimed at ensuring housing serves agricultural workers.
  • More explicit integration of renewable energy development (solar, wind, biofuel, hydro) within agricultural districts, subject to productivity classifications and decommissioning/financial assurances.
  • Increased opportunities for agricultural-based commerce and agritourism, with county-level regulatory oversight to balance agricultural operations with public use.
  • Emphasis on maintaining farm viability and protecting agricultural land from non-agricultural conversion, while enabling compatible non-farm uses.

Compiled from official sources — confirm details with the bill’s official record.

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