HRS Chapter 165, Hawaii's Right to Farm Act, protects farming operations from nuisance lawsuits when they have operated for at least one year and were not nuisances at their inception, supporting agricultural land use across the state.
The Hawaii Right to Farm Act, codified at HRS Chapter 165, declares that farming operations conducted on land zoned for agriculture and operating in conformance with generally accepted agricultural practices shall not be deemed a nuisance after one year of operation, provided the operation was not a nuisance when it began. The law protects farms from suits brought by neighbors who later move near established agricultural operations and seek to restrain ordinary farm activity such as noise, odor, dust, or pesticide use. Plaintiffs must prove the operation has substantially changed in nature or has not adhered to accepted practices. The statute does not protect operations from public nuisance suits or from environmental enforcement under other statutes. It applies statewide regardless of which county the farm is located in.
Nuisance suits filed contrary to HRS 165 may be dismissed; willful agricultural pollution remains actionable under environmental law.
Ewa Gentry, HI
ROH Sec. 16-6.2 requires Ewa Gentry residential swimming pools to be fully enclosed by a compliant fence or protective device designed to prevent unsupervise...
Ewa Gentry, HI
Ewa Gentry follows Honolulu's adoption of the IRC via ROH Chapter 16, incorporating IRC R314 for smoke alarms and R315 for CO alarms. Detectors are required ...
Ewa Gentry, HI
Honolulu uses a minimum-stay rule rather than an annual night cap. Under ROH §21-5.730 (Ord. 22-7), every reservation under 30 consecutive days at a resident...
Ewa Gentry, HI
Ewa Gentry is residentially zoned, so under ROH §21-5.730 (Ord. 22-7) and Ordinance 25-52 DPP will not register sub-30-day STRs here. Registration is reserve...
Ewa Gentry, HI
Ewa Gentry residents may not enter or remain in public parks during posted closure hours under ROH Sec. 10-1.2, though direct traverse of beach parks to reac...
Ewa Gentry, HI
Honolulu has no separate juvenile curfew ordinance, so Ewa Gentry follows HRS Sec. 577-16: children under 16 are prohibited from public places between 10 p.m...
See how Ewa Gentry's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.