Can You Live on Agricultural Land in Hawaii? Rules for Building Homes

Many people considering buying land in Hawaii ask the same question:

Can you live on agricultural land in Hawaii?

The answer is yes—but there are important rules. Both the State of Hawaii and the individual counties regulate what can be built on land zoned for agriculture. Understanding these rules is essential before purchasing property.

State Law on Agricultural Land

Here’s one to ponder! Hawai`i Revised Statutes, the laws that govern our State, do not allow residential dwellings on agricultural land unless the dwelling is related to an agricultural activity (i.e., a farm dwelling). In other words, dwellings on agricultural lands are supposed to be used in conjunction with the operation of a farm. The statute imposes a $5,000 fine for each violation. If you fail to remove the violation within 6 months, an additional $5,000 fine can be levied.

County Rules in Hawaii County

At the same time, Chapter 25 (25-5-70b) of our County Code allows for the construction of one single-family dwelling on each building site in the Agricultural District. This is especially interesting because all Puna Subdivisions, many building lots in Hilo (Sunrise Estates for example) and almost all Hamakua lots are zoned Agricultural. Because the County of Hawai`i issues building permits, we generally regard their authority as controlling in this matter. Hence, we follow the County Code.

The same chapter of the County Code dictates that second and additional dwellings are not allowed on Agricultural land unless they are farm related. In other words, Ohana dwellings are not allowed on Agricultural land unless their use is farm related. Basic farm dwelling requirements are contained in the County Code. It may still be possible to build a guesthouse/maid’s quarters or a detached master bedroom without a full kitchen, but a second dwelling with a kitchen is a definite no-no without an approved farm plan.

Ohana Dwellings on Ag Land

Keep in mind that Ohana dwellings have not always been excluded from Ag land in the County of Hawai`i. Because each County sets and administers Ohana permits, it was common to find Ohana dwellings on Ag lands until about 15 years ago. There are many legal Ohana homes on Ag land. At times, an Ohana permit was issued but never used. The current validity of the permit depends on the date of issue. If the validity of an Ohana permit is important to your purchase, the County Planning Department should be contacted.

What Buyers Should Know Before Purchasing

Explaining these, along with other island peculiarities like Coqui frogs, catchment tanks, lava zones, lava tubes, fee simple vs. leasehold, permitting, insurance, vog, etc, etc, takes a good deal of finesse, patience, historical knowledge, and experience! It’s all in a day’s work for REALTORS® on the world’s most beautiful island!