SB2915

Report Title:

Commercial Silviculture; Nuisance

 

Description:

Deems commercial silvicultural activity during the nighttime hours a nuisance and is prohibited.

THE SENATE	S.B. NO.	2915
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to farming.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 165-4, Hawaii Revised Statutes, is amended to read as follows:

"§165-4 Right to farm. No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. There shall be a rebuttable presumption that a farming operation does not constitute a nuisance[.]; provided that commercial silvicultural facility operation and related commercial silvicultural activities conducted between the hours of 6:00 p.m. and 6:00 a.m. are deemed a nuisance and is prohibited."

SECTION 2. Statutory material to be repealed is bracketed and stricken.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________