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Hawaii County, HI Right to Farm: Farm Nuisance Protection (2026)

Light Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

County provision: HCC § 4-5-1, findings and purpose
Scope: Apiaries and apiary products only
State statute applied: HRS chapter 165, right-to-farm act
Adopted: Ordinance 24-65 (2024)
Broader farm protection: Runs on state law, not county code

Summary

Hawai'i County's only local right-to-farm provision is narrow: HCC § 4-5-1 states the council's intent that HRS chapter 165, the state right-to-farm act, applies to apiaries and to people producing apiary products. There is no broader county-level right-to-farm ordinance covering other agriculture.

These county ordinances apply to unincorporated areas of Hawaii County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The council recognizes the critical role bees play in agriculture, pollinating food crops and furnishing useful agricultural products, such as honey, wax, and queen bees. The purpose of this article is to safeguard and promote this agricultural activity by identifying generally accepted apiary management practices for beekeeping. ... Further, through this article, it is the council's intention to establish that chapter 165, Hawai`i Revised Statutes, the Hawai`i right to farm act, applies to apiaries and individuals involved in the production of apiary products, where applicable.

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Full Breakdown

HCC § 4-5-1, enacted by Ordinance 24-65 in 2024 as the findings-and-purpose section for the beekeeping article, is the only place Hawai'i County's own code speaks to right-to-farm protection. ' That is a county declaration extending a state statute specifically to beekeeping, not a stand-alone county ordinance protecting farms generally from nuisance suits; the underlying right-to-farm rule itself, including what counts as an established agricultural operation and the nuisance defenses it provides, comes from HRS chapter 165 and belongs on the state page, not here.

No other article of the Hawai'i County Code contains right-to-farm language; protection for macadamia, coffee, livestock, or other agricultural operations on the Big Island runs entirely on the state statute, applied by state law rather than by any separate county enactment.

Violations & Fines

There is no county penalty tied to § 4-5-1 itself; it is a declaratory finding, not an enforcement provision. A farm operation asserting right-to-farm protection against a nuisance complaint relies on the defenses set out in HRS chapter 165 at the state level, not on any Hawai'i County penalty or exemption schedule.

Frequently Asked Questions

Does Hawai'i County have a right-to-farm ordinance?

Only a narrow one. HCC § 4-5-1 declares that the state right-to-farm act, HRS chapter 165, applies to apiaries and to beekeepers producing apiary products. The county code doesn't extend equivalent protection to other farm types in its own text.

Does this protect my coffee or macadamia farm from a nuisance complaint?

Not through county code; § 4-5-1 speaks only to apiaries. Protection for other agricultural operations against nuisance suits comes directly from HRS chapter 165 at the state level, which applies island-wide regardless of what the county code separately says, so check the state statute for those crops.

Why does a beekeeping section mention a state farm law?

Because the council used § 4-5-1 to formally state that it considers apiaries and apiary-product producers covered by HRS chapter 165, removing any doubt that a beekeeping operation counts as protected agriculture under the state right-to-farm act. That's the only cross-reference to chapter 165 anywhere in the county code.

Sources & Official References

[1]Hawai'i County Code, Chapter 4 (Animals)

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