HAR §4-161-3. Nuisance

(a) Hemp shall not be grown within 500 feet of a preexisting playground, childcare facility, or school; provided that this restriction shall not apply to a person or entity: (1) That was licensed to grow hemp under the state industrial hemp pilot program prior to August 27, 2020; (2) Whose licensed area to grow hemp under the state industrial hemp pilot program is within 500 feet of a preexisting playground, childcare facility, or school; and (3) Who is growing hemp under a license to produce hemp issued by the USDA in the same area approved under their industrial hemp pilot program license that is within 500 feet of real property with a preexisting playground, childcare facility, or school. (b) Hemp shall not be grown within 500 feet of any pre­existing house, dwelling unit, residential apartment, or other residential structure that is not owned or controlled by the licensee; provided that this restriction shall not apply to a person or entity: (1) That was licensed to grow hemp under the state industrial hemp pilot program prior to August 27, 2020; (2) Whose licensed area to grow hemp under the State industrial hemp pilot program is within 500 feet of any pre­existing house, dwelling unit, residential apartment, or 8 other residential structure that is not owned or controlled by the license; and (3) Who is growing hemp under a license to produce hemp issued by the USDA in the same area approved under their industrial hemp pilot program license that is within 500 feet of any pre­existing house, dwelling unit, residential apartment, or other residential structure that is not owned or controlled by the license. (c) Hemp shall not be grown in any house, dwelling unit, residential apartment, or other residential structure. (d) Hemp shall not be grown outside of a state agricultural district. (e) Licensees shall comply with all applicable regulations, including nuisance regulations, environmental regulations, and county land usage ordinances. (f) Upon notice from the regulatory agency with primary enforcement authority over nuisance, environmental, or land usage regulations, as applicable, that a licensee who was previously licensed to grow hemp under the state industrial hemp pilot program is not in compliance with nuisance, environmental, or land usage regulations, the department may issue a notice of violation and assess fines for the violation in accordance with section 4- 161-5.[Eff: Upon approval] (Auth: Act 014 SLH 2020)