Hawaii Right to Farm Act: Nuisance Protection for Agriculture

Under HRS 165-4, no court or public official may declare a farming operation a nuisance for any reason if the operation is conducted in a manner consistent with generally accepted agricultural and management practices, and there is a rebuttable presumption that a farming operation does not constitute a nuisance. The Act shields established farms from suits over ordinary farm activity such as noise, odor, dust, or vibration, typically brought by neighbors who move near existing operations. The protection does not extend to nuisances involving water pollution or flooding, and it does not bar environmental enforcement under other statutes. It applies statewide to farming operations regardless of county.

Nuisance suits against operations following generally accepted agricultural practices may be dismissed under HRS 165-4; water pollution, flooding, and environmental violations remain actionable under other laws.