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Board preliminarily approves compilation of Agricultural Enterprise Lands rules, authorizes public hearings
Summary
The Board of Agriculture gave preliminary approval to proposed Hawaii Administrative Rules chapter 4‑1‑59 to establish an Agricultural Enterprise Lands Program and authorized the chair to schedule public hearings and appoint hearing officers.
The State of Hawaii Board of Agriculture on Wednesday gave preliminary approval to a proposed compilation of Hawaii Administrative Rules chapter 4‑1‑59 to create an Agricultural Enterprise Lands Program and authorized the chairperson to schedule public hearings and appoint hearing officers.
Brian Kyle, administrator of the Agriculture Resource Management Division, told the board the program was established by Act 221, Session Laws of Hawaii 2022, and that the proposed rules would clarify allowable ancillary and supportive activities on HDOA lands. Kyle said the rules would allow tenants to operate a broader set of activities tied to agriculture, including, but not limited to, agricultural education centers, food hubs, farmers markets and feed mills. He said the rules are intended to encourage activities that promote agricultural diversification, production and self‑sufficiency by supporting business facets tied to agriculture.
Board member Diane Le asked several clarifying questions: whether agritourism would be allowed under the program (Kyle answered that agritourism tied directly to active farming—such as farm tours or educational activities—could qualify, while commercial recreational developments like zip lines would not), how the rules treat definitions such as “consumer” (Le flagged a definition on page 6 and requested clarification), and whether a private entrepreneur could bring a project forward or whether projects would be department or legislature driven. Kyle said projects could originate from the department, the legislature, or private proposers and that preliminary due diligence would generally be expected before full project development.
Le also asked about the rules’ consent‑to‑mortgage language for lessees seeking financing; staff asked Le to submit a specific question by email so the division could provide a researched response and, if necessary, place a follow‑up item on a future agenda.
After brief discussion and no public testimony, the board approved the preliminary compilation and the authorization for the chair to proceed with hearings and hearing‑officer appointments. Chair Sharon Hurd said staff will publish required public notices when hearings are scheduled.
