HAR §4-153-1. Definitions

As used in this chapter: "Abandoned property" means any and all property including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours. "Administrator" means the head of the division of agricultural resource management, department of agriculture, or any officer or employee to whom authority has been duly designated. "Agricultural or aquacultural activity" has the same meaning as defined in section 166-2, Hawaii Revised Statutes. "Agricultural park" has the same meaning as defined in section 166-2, Hawaii Revised Statutes. "Agricultural processing" means the processing of agricultural produce or products, including dairying, grown, raised or produced in Hawaii. "Applicant" means any person, association, partnership, or corporation, other than a holder of record having a security interest, which acts to acquire or obtain an agricultural park lease or any interest therein, including a sublease, or an interest in an association or a partnership which holds the §4-153-1 153-4 lease or stock in a corporation which holds the lease. "Board" means the board of agriculture. "Bona fide farmer" means a person who: (1) Was an owner-operator of an established farm conducting a substantial farming operation and for a substantial period of the person's life resided on a farm or depended on farm income for livelihood; or (2) Has not less than two years' experience as a full-time farmer or four years' experience as a part-time farmer and who, in the administrator's judgment, is likely to successfully operate a farm by reason of ability, experience, and training as a vocational trainee. The term "bona fide farmer" includes agricultural cooperatives organized under chapter 421, Hawaii Revised Statutes, or other agricultural associations or partnerships, at least seventy-five per cent of the members of which would qualify individually as bona fide farmers. It also includes corporations incorporated primarily for agricultural production purposes where at least seventy-five per cent of the stock issued by the corporation is owned by persons who qualify individually as bona fide farmers. For the purposes of this chapter, "bona fide farmer" also includes "qualified aquaculturalist" as defined in section 219-2, Hawaii Revised Statutes. "Chairperson" means the chairperson of the board of agriculture. "Corporate successor" means a solely-owned corporation which, through assignment of lease, succeeds an agricultural park lessee who shall own all of the stock issued by and be the principal officer of the corporation. "Department" means the department of agriculture. "Displaced farmer" means a person who is or will be displaced from land that was condemned, taken, or repossessed by a governmental authority or private person. "Division" means the agricultural resource management division of the department of agriculture. "Economic unit" means the minimum size land area that is economically suitable for the operation of a farm. "Farm" also means "ranch" and "farmer" also means "rancher." §4-153-1 153-5 "Farm dwelling" means a single-family dwelling or employee dwelling located on a farm and used in connection with agricultural or aquacultural activities. "Holder of record having a security interest" means a person who is the owner or possessor of a security interest in any land covered in section 4-153-35 and who has filed a copy of the interest with the department and the bureau of conveyances of the State. "New farmer" means a person who is: (1) A college or community college graduate in agriculture or aquaculture who has less than two years' experience as a full-time farmer or less than four years' experience as a part- time farmer; or (2) A person who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm, as determined by the administrator. "Non-conforming use" means a use formerly permitted but presently incompatible with the permitted land use in a zoning district. "Person" means an individual, or partnership, corporation, association, or agricultural cooperative organized under chapter 421, Hawaii Revised Statutes, except as otherwise defined in this chapter. "Public purpose", as used in this chapter, unless the context clearly indicates otherwise, means all public uses, including but not limited to the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of holdings of public lands and the development of agricultural parks and residential, commercial, industrial, or resort projects on public lands. "Qualified aquaculturalist" means a person who: (1) Is actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities; and (2) Is a bona fide farmer or new farmer as defined in this chapter. "State" means the State of Hawaii. [Eff 3/6/92; am and comp ] (Auth: HRS §166-9) (Imp: HRS §§166-2, 166-9) §4-153-2 153-6 §4-153-2 Administration of agricultural park program. Responsibility for the administration of the agricultural park program shall be placed within the agricultural resource management division, under the direction of the administrator. [Eff 3/6/92; am and comp ] (Auth: HRS §166-3) (Imp: HRS §166-3)