§46-88  Agricultural buildings and

structures; exemptions from building permit and building code requirements.  (a) 

Notwithstanding any law to the contrary, the following agricultural buildings,

structures, and appurtenances thereto that are not used as dwellings or lodging

units are exempt from building permit and building code requirements where they

are no more than one thousand square feet in floor area:

     (1)  Nonresidential manufactured pre-engineered

commercial buildings and structures;

     (2)  Single stand alone recycled ocean shipping or

cargo containers that are used as nonresidential commercial buildings and are

properly anchored;

     (3)  Notwithstanding the one thousand square foot

floor area restriction, agricultural shade cloth structures, cold frames, or

greenhouses not exceeding twenty thousand square feet in area per structure;

provided that where multiple structures are erected, the minimum horizontal

separation between each shade cloth structure, cold frame, or greenhouse is

fifteen feet;

     (4)  Aquacultural or aquaponics structures, including

above-ground water storage or production tanks, troughs, and raceways with a

maximum height of six feet above grade, and in-ground ponds and raceways, and

piping systems for aeration, carbon dioxide, or fertilizer or crop protection

chemical supplies within agricultural or aquacultural production facilities;

     (5)  Livestock watering tanks, water piping and

plumbing not connected to a source of potable water, or separated by an air gap

from such a source;

     (6)  Non-masonry fences not exceeding ten feet in

height and masonry fences not exceeding six feet in height;

     (7)  One-story masonry or wood-framed buildings or

structures with a structural span of less than twenty-five feet and a total

square footage of no more than one thousand square feet, including farm

buildings used as:

         (A)  Barns;

         (B)  Greenhouses;

         (C)  Farm production buildings including

aquaculture hatcheries and plant nurseries;

         (D)  Storage buildings for farm equipment or

plant or animal supplies or feed; or

         (E)  Storage or processing buildings for crops;

provided that the height of any stored items shall not collectively exceed

twelve feet in height;

     (8)  Raised beds containing soil, gravel, cinders, or

other growing media or substrates with wood, metal, or masonry walls or

supports with a maximum height of four feet;

     (9)  Horticultural tables or benches no more than four

feet in height supporting potted plants or other crops; and

    (10)  Nonresidential indigenous Hawaiian hale that do

not exceed five hundred square feet in size, have no kitchen or bathroom, and

are used for traditional agricultural activities or education;

provided that the buildings, structures, and

appurtenances thereto comply with all applicable state and county zoning codes.

     (b)  Notwithstanding the one thousand square

foot floor area restriction in subsection (a), the following buildings,

structures, and appurtenances thereto shall be exempt from building permit

requirements when compliant with relevant building codes or county, national,

or international prescriptive construction standards:

     (1)  Nonresidential manufactured pre-engineered and

county pre-approved commercial buildings and structures consisting of a total

square footage greater than one thousand square feet but no more than eight

thousand square feet; and

     (2)  One-story wood-framed or masonry buildings or

structures with a structural span of less than twenty-five feet and a total

square footage greater than one thousand square feet but no more than eight

thousand square feet constructed in accordance with county, national, or

international prescriptive construction standards, including buildings used as:

         (A)  Barns;

         (B)  Greenhouses;

         (C)  Farm production buildings, including

aquaculture hatcheries and plant nurseries;

         (D)  Storage buildings for farm equipment,

plant or animal supplies, or feed; or

         (E)  Storage or processing buildings for crops;

provided that the height of any stored items shall not collectively exceed

twelve feet in height.

     (c)  The exemptions in subsections (a) and (b)

shall apply; provided that:

     (1)  The aggregate floor area of the exempted

agricultural buildings shall not exceed:

         (A)  Five thousand square feet per zoning lot

for lots of two acres or less;

         (B)  Eight thousand square feet per zoning lot

for lots greater than two acres but not more than five acres; and

         (C)  Eight thousand square feet plus two per

cent of the acreage per zoning lot for lots greater than five acres; provided

that each exempted agricultural building is compliant with the square foot area

restrictions in subsection (a) or subsection (b);

     (2)  The minimum horizontal separation between each

agricultural building, structure, or appurtenance thereto is fifteen feet;

     (3)  The agricultural buildings, structures, or

appurtenances thereto are located on a commercial farm or ranch and are used

for general agricultural or aquacultural operations, or for purposes incidental

to such operations;

     (4)  The agricultural buildings, structures, or

appurtenances thereto are constructed or installed on property that is used

primarily for agricultural or aquacultural operations, and is two or more

contiguous acres in area or one or more contiguous acres in area if located in

a nonresidential agricultural or aquacultural park;

     (5)  Upon completion of construction or installation,

the owner or occupier shall provide written notice to the appropriate county

fire department and county building permitting agency of the size, type, and

locations of the building, structure, or appurtenance thereto.  Such written

notification shall be provided to the county agencies within thirty days of the

completion of the building, structure, or appurtenance thereto.  Failure to

provide such written notice may void the building permit or building code

exemption, or both, which voidance for such failure is subject to the sole

discretion of the appropriate county building permitting agency;

     (6)  No electrical power and no plumbing systems shall

be connected to the building or structure without first obtaining the appropriate

county electrical or plumbing permit, and all such installations shall be

installed under the supervision of a licensed electrician or plumber, as

appropriate, and inspected and approved by an appropriate county or licensed

inspector or, if a county building agency is unable to issue an electrical

permit because the building or structure is permit-exempt, an electrical permit

shall be issued for an electrical connection to a meter on a pole beyond the

permit-exempt structure in accordance with the installation, inspection, and

approval requirements in this paragraph;

     (7)  Disposal of wastewater from any building or

structure constructed or installed pursuant to this section shall comply with

chapter 342D; and

     (8)  Permit-exempt structures shall be exempt from any

certificate of occupancy requirements.

     (d)  As used in this section:

     "Agricultural building" means a

nonresidential building or structure, built for agricultural or aquacultural

purposes, located on a commercial farm or ranch constructed or installed to

house farm or ranch implements, agricultural or aquacultural feeds or supplies,

livestock, poultry, or other agricultural or aquacultural products, used in or

necessary for the operation of the farm or ranch, or for the processing and selling

of farm or ranch products.

     "Agricultural operation" means the

planting, cultivating, harvesting, processing, or storage of crops, including

those planted, cultivated, harvested, and processed for food, ornamental,

grazing, feed, or forestry purposes, as well as the feeding, breeding,

management, and sale of animals including livestock, poultry, honeybees, and

their products.

     "Appurtenance" means an object or

device in, on, or accessory to a building or structure, and which enhances or

is essential to the usefulness of the building or structure, including but not

limited to work benches, horticultural and floricultural growing benches,

aquacultural, aquaponic, and hydroponic tanks, raceways, troughs, growbeds, and

filterbeds, when situated within a structure.

     "Aquacultural operation" means the

propagation, cultivation, farming, harvesting, processing, and storage of

aquatic plants and animals in controlled or selected environments for research,

commercial, or stocking purposes and includes aquaponics or any growing of

plants or animals in or with aquaculture effluents.

     "Manufactured pre-engineered commercial

building or structure" means a building or structure whose specifications

comply with appropriate county codes, and have been pre-approved by a county or

building official.

     "Nonresidential building or

structure" means a building or structure, including an agricultural

building, that is used only for agricultural or aquacultural operations and is

not intended for use as, or used as, a dwelling.

     (e)  This section shall not apply to buildings

or structures otherwise exempted from building permitting or building code

requirements by applicable county ordinance.

     (f)  This section shall not be construed to

supersede public or private lease conditions.

     (g)  This section shall not apply to the

construction or installation of any building or structure on land in an urban

district.

     (h)  The State or any county shall not be

liable for claims arising from the construction of agricultural buildings,

structures, or appurtenances thereto exempt from the building code and

permitting process as described in this section, unless the claim arises out of

gross negligence or intentional misconduct by the State or county.

     (i)  This section shall not apply to buildings

or structures used to store pesticides or other hazardous material unless

stored in accordance with federal and state law.

     (j)  Failure to comply with the conditions of

this section shall result in penalties consistent with county building

department provisions. [L 2012, c 114, §2; am L 2013, c 203, §2]