Friday

06-13-2025 Vol 1990

Hawaiʻi Department of Agriculture to Overhaul Land Use Rules for Farmers

The Hawaiʻi Department of Agriculture is preparing to invite the public to provide input on proposed changes regarding the activities allowed on agricultural land leased from the state.

This initiative comes as the department seeks to enhance the use of approximately 25,000 acres of land under a new agricultural enterprise lands program.

Among the new activities under consideration are educational programs, tourist attractions, food hubs, farmers’ markets, livestock feed mills, and slaughterhouses.

Public hearings on the proposed changes will commence early next month to gather community perspectives on these potential developments.

At Ron Weidenbach’s North Shore fish farm, students from Waipahu High School learned about aquaculture while engaging in hands-on activities like cleaning tanks and releasing juvenile tilapia into ponds.

However, these students’ participation required special permission, highlighting the current limitations of land use regulations.

Amidst a backdrop of increasing concerns about land misuse, Weidenbach, who runs Hawaiʻi Fish Co., has voiced cautious optimism regarding the proposed changes.

He hopes that the expansion of permissible activities will not lead to exploitation of the rules, especially following past incidents where agricultural land was misused for non-agricultural activities, such as zip-lining or drag racing.

A defining element of this proposed overhaul will revolve around the concept of a ‘bona fide operator,’ aimed at distinguishing legitimate farmers from those who could potentially take advantage of these changes.

Weidenbach emphasized the need for clear definitions to ensure that only true agricultural operations benefit from these additional activities, preventing non-farmers from undermining the integrity of the program.

The agriculture department has acknowledged that its rules governing public land leases have not adapted to the evolving agricultural landscape in Hawaiʻi.

For decades, regulations have lagged behind shifts away from large-scale sugarcane and pineapple plantations towards smaller, diverse farms that engage in multiple crop productions, averaging around 149 acres.

The introduction of the new agricultural enterprise lands program aligns with the department’s efforts to modernize land use policies following its expansion into managing facilities like the Kamuela Vacuum Cooling Plant and slaughtering facilities that do not currently fit within existing regulations.

Agriculture chair Sharon Hurd remarked on the challenges posed by individuals operating on leased public lands without adhering strictly to authorized activities, which has often occurred unintentionally.

This initiative represents a significant shift, recognizing that agriculture today encompasses a variety of activities beyond traditional food production.

Micah Munekata of the Ulupono Initiative described this move as a response to the diversified income models that are emerging in agriculture, reminiscent of the historical family farm model where multiple revenue sources coexist on a single property.

Senator Tim Richards emphasized the innovative opportunities for layering income on the same land, such as combining cattle farming with renewable energy generation from wind turbines.

Members of the Hawaiʻi Board of Agriculture engaged in discussions where concerns were raised about the potential for tenants to exceed the boundaries of agricultural use and venture into unregulated activities, risking the program’s integrity.

Hurd expressed the need to ensure that the public’s insights contribute to identifying possible risks and clarifying the limits of acceptable activities.

She acknowledged the uncertainty surrounding the definitions of agricultural use, suggesting that even experts may struggle to draw clear lines.

Richards highlighted a longstanding debate within the Legislature over how to define agriculture in a way that prevents misuse while still fostering legitimate innovations.

Past attempts at definition have often faltered, particularly with instances of so-called ‘gentlemen farms’ where minimal agricultural activities are claimed.

Weidenbach pointed out that simply having a luxury residence with a pool and a couple of trees does not equate to farming.

Recent developments in Honolulu County showcased efforts to set clearer standards by passing Bill 64, which stipulates that agricultural land use necessitates active production of crops or livestock on at least 51% of a parcel’s farmable land.

While this requirement may seem stringent, practical considerations such as challenging land conditions can complicate feasible production efforts on certain parcels.

Additionally, Maui County is also deliberating over the inclusion of new activities for agricultural lands, including the sale of produce from food trucks and other forms of agricultural tourism, reflecting a growing acceptance of diverse agricultural activities.

Draft rules proposed for state-level leases will require that any new activities must remain secondary to core agricultural production, though the specifics regarding minimum production levels are not yet clearly defined.

The Board of Agriculture will review and approve business plans submitted by tenants, ensuring that the legitimacy of operations is prioritized.

Weidenbach believes the new program has significant potential to support farms if executed with appropriate regulations to prevent misconduct.

He stressed the necessity of resisting the ‘gentleman farmer’ mentality that could undermine efforts to promote genuine agricultural practices.

image source from:https://www.civilbeat.org/2025/06/what-is-farming-hawai%CA%BBi-moves-to-broaden-allowed-agricultural-uses/

Abigail Harper