§165-1 Findings and
purpose. The legislature finds that when nonagricultural land uses
extend into agricultural areas, farming operations often become the subject of
nuisance lawsuits that may result in the premature removal of lands from
agricultural use and may discourage future investments in agriculture.
The legislature also finds that under the Hawaii State Planning Act, it is a
declared policy of this State to "foster attitudes and activities conducive
to maintaining agriculture as a major sector of
§165-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Farming
operation" means a commercial agricultural, silvicultural,
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, apiary products, and plant and animal
production for nonfood uses; the planting, cultivating, 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:
(1) Marketed produce at roadside
stands or farm markets;
(2) Noises, odors, dust, and
fumes emanating from a commercial agricultural or an aquacultural
facility or pursuit;
(3) Operation of machinery and
irrigation pumps;
(4) Ground and aerial seeding and
spraying;
(5) The application of chemical
fertilizers, conditioners, insecticides, pesticides, and herbicides; and
(6) 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 nonagricultural 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.
"Nuisance" means any interference with reasonable use and enjoyment
of land, including but not limited to smoke, odors, dust, noise, or vibration;
provided that nothing in this chapter shall in any way restrict or impede the
authority of the State to protect the public health, safety, and welfare.
"Nuisance" as used in this chapter, includes all claims that meet the
requirements of this definition regardless of whether a complainant designates
such claims as brought in nuisance, negligence, trespass, or any other area of
law or equity; provided that nuisance as used in this chapter does not include
an alleged nuisance that involves water pollution or flooding. [L 1982, c 256,
pt of §1; am L 1986, c 242, §2; am L 1993, c 162, §2; am L 2001, c 26, §1]
[§165-3] Declaration of public
purpose. The preservation and promotion of farming is declared
to be in the public purpose and deserving of public support. [L 1982, c 256, pt
of §1]
§165-4 Right
to farm. No court, official, public servant, or public employee
shall declare any farming operation a nuisance for any reason if the farming
operation has been conducted in a manner consistent with generally accepted
agricultural and management practices. There shall be a rebuttable presumption that a farming operation does not
constitute a nuisance. [L 1982, c 256, pt of §1; am L 1986, c 242, §3; am L
2001, c 26, §2]
Revision Note
Subsection
designation deleted pursuant to §23G-15.
[§165-5] Frivolous
lawsuits. Any nuisance action, found to be frivolous by the
court, in which a farming operation is alleged to be a nuisance as defined in
section 165-2, shall be governed by section 607-14.5. [L 1993, c 162, pt of §1]
Cross References
Vexatious
litigants, see chapter 634J.
[§165-6] Liberal
construction. This chapter is remedial in nature and shall be
liberally construed to effectuate its purposes. [L 1993, c 162, pt of §1]