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As Kim Falinski sees it, beekeeping is an ideal practice for Oahu, something that uses minimal space and no water, yet produces pounds of valuable golden honey, enhancing the island’s ability to grow its own food.

But a new bill seeking to alter Honolulu’s Land Use Ordinance could create a flurry of new restrictions for beekeeping on Oahu’s agricultural lands. Proposed changes include a limitation on the number of beehives per property and a cap on the size of individual hives.

“These regulations would put me out of business, at least in terms of my own honey production,” said Falinski, head of .

Beekeepers aren’t the only ones projected to be impacted by Bill 64, which represents the second phase of the Department of Planning and Permitting’s attempts to revise the ordinance. Commonly referred to as Honolulu’s zoning law, the ordinance governs the use of land for everything from agriculture and amusement parks to wind farms and zoos.

The bill has sweeping implications for landowners across Oahu.

It would create new rules for things like accessory dwelling units and parking spaces. It would also prohibit certain home businesses. But what really bothers small farmers like Falinski is what Bill 64 means for agricultural lands.

People who have studied the bill say one purpose appears to be to close a loophole that allows people to use agricultural lands for residential homes, a practice known as “gentleman farming.” Often derided as fake farms, the properties generally include a home designated as a “farm dwelling,” which is currently allowed by the ordinance with only a token amount of agriculture, such as a few fruit trees.

With this new bill, landowners would need to limit the size of their agricultural support facilities, such as farm dwellings, to 25% of their zoning lots. For those involved in agritourism, at least 51% of all activity on their property will need to be crop production or livestock keeping, and any buildings that are not required for these purposes will be limited to 10,000 square feet.

Micah-Seth Munekata, director of government affairs at , said the changes are intended to limit gentleman farming while benefitting the agricultural community and food production.

In recent years, Ulupono Initiative has been working to educate the public about the bill and to center the concerns of community members.

Still, for agricultural landowners and operators like Falinski, the introduction of Bill 64 threatens to upend their livelihoods, raising concerns about the accessibility of Hawaii’s agricultural land and the impact of state efforts to control it.

“Agricultural land is the place for this practice, and right now, this bill intends to limit that,” Falinski said. “I just don’t know where people are supposed to have farms if it’s not on agricultural land.” 

Bill 64 Could Hurt Beekeeping

If passed, Bill 64 will strictly regulate beekeeping. The bill sets a minimum zoning lot size requirement of 5,000 square feet, with the amount of beehives permitted depending on any additional size. No more than six beehives may be established on any given property, and the volume of each beehive is capped at 7 cubic feet.

Falinski said that these kinds of restrictions already exist in urban areas, where people live in close quarters and beehives need to be set back from property lines. For agricultural lands, though, she said that they’re brand new.

“I’m just hoping it was a mistake,” Falinski said, referring to the proposed restrictions. “I don’t really understand how limiting beekeeping and apiaries on ag land seems like it makes a lot of sense.”

Falinski suspects that, if passed, the bill will push many beekeepers to go underground, concealing their hives in bushes and warehouses. Still, she says that the restrictions will force the island to cut back on beekeeping just as it is gaining traction.

“It’s a rising industry as people are forced away from prime agricultural land and to kind of marginal lands,” she said. “All the prime agricultural land is going for new developments and getting converted.”

‘Catastrophic Consequences’ For Oahu’s Pets

Things could also look different for the island’s pet owners and animal enthusiasts.

The bill proposes a series of restrictions for animal care facilities based on agricultural land, requiring that they be set back at least 100 feet from any adjoining zoning lots. Facilities based in homes will only be able to care for a maximum of three non-household pets at a time.

According to Sandy Van, who owns and operates a rescue shelter for German Shepherds, this will be especially detrimental for animal kennels and shelters. These kinds of facilities are often built on agricultural lands, she said, where dogs can benefit from the large outdoor spaces.

“If you just put them in a more densely populated, commercial area, all there is is concrete,” she said. “They don’t have the ability, for the most part, to go out and run and play and be dogs.”

Still, running these kennels and shelters on agricultural land could become a lot more difficult if Bill 64 is passed, Van says. She said that the proposed standards are “nearly impossible” for small animal shelters to meet.

Without the option to run these facilities on agricultural land, Van questions whether or not they will run at all. Her own business, she said, will likely shut down.

“My livelihood, that dog boarding kennel, will be forced to close,” she said. “How am I going to live?”

She also said that the passing of Bill 64 would have catastrophic consequences for an island that is already struggling to house abandoned, lost and surrendered animals. All of the island’s shelters are currently filled to capacity, according to Van.

“If there’s one thing we need more of here, it’s shelters,” she said.

Horse Owners Saddled With New Challenges

The bill could also impact landowners with livestock. Fowl, poultry and swine enclosures, as well as feedlots, would need to be set at least 300 feet back from all property lines. Additionally, any zoning lots used to raise confined animals will need to be at least 3 acres in size.

For Bobbie-Jo Griffith, whose family owns the calf and cow operation Griffith Livestock Co., the latter restriction is particularly concerning. In addition to maintaining an estimated 980 head of cattle on various properties throughout the island, Griffith cares for several horses on her home properties, which sit at about 2.98 and 2.95 acres of land.

As it stands, Bill 64 would prevent Griffith from caring for her horses, she said. The same goes for sick cattle and newborn calves. Griffith said that these animals are typically cared for at her home-based cow pen until they are fit to return to larger pastures.

“I have to bring them home and doctor and monitor them and make sure that they’re OK,” she said. “But with the way Bill 64 is worded, I will not be able to do that, and so that will definitely affect my business.”

Van, who also owns several horses, described the 3-acre requirement as absurd. She said that it’s not safe to leave such high-value animals out in unattended pastures.

“Horses have always been allowed here,” she said. “So I guess my question is, if we can’t keep horses on ag or country land, where can we keep them? Where will they live?”

Why Is Bill 64 Proposing These Restrictions?

Planning and the Economy Committee Chair Esther Kiaaina, who introduced Bill 64, declined to discuss the bill and its impact on agricultural landowners. According to Kiaaina, the City Council is methodically addressing the bill’s various components. Agricultural use will likely not be addressed until early August.

Munekata, however, said that the department is prioritizing agricultural land and seeking to protect its benefits for genuine agricultural workers, despite the “knee-jerk reaction” that some of Bill 64’s changes might initially prompt among landowners.

At times, this means implementing restrictions to weed out the people taking advantage of agricultural land for non-agricultural purposes, according to Munekata.

“They’re building houses on top of ag land,” he said. “You really got to question, are these folks actually doing agriculture, producing food and agricultural products for our communities, and really trying to help move the industry forward?”

Kalani Morse, an attorney working to oppose the bill, expressed a similar understanding of the bill.

“It’s very clear that a lot of what’s being proposed is designed to try and limit gentlemen farming,” he said. “The problem is, it’s also going to, at the same time, harm legitimate agricultural farmers and people that live on their agricultural lands.”

The state has been working to curb these gentleman’s farms for years with little success. But Van said Bill 64 is not the solution.

“There are ways to address it, but by this wholesale approach, they’re throwing the baby out with the bath water,” she said.

The Agricultural Voice

Some landowners have expressed frustration with the bill’s process, especially following a meeting on its previous draft last year. Morse said that many people left the meeting feeling like the “agricultural voice” had been heard, but that it ultimately yielded little change.

“Looking at the draft currently in front of the committee on Bill 64, it seems like very few of those comments were adopted or incorporated into the existing draft,” Morse said. “So I know that a lot of people are feeling the frustration and feeling like their voice really doesn’t mean much.”

While Munekata said that the department has been working closely with community organizations like the and the to address community concerns, some still feel like their voices aren’t being accounted for.

“The people whose lives are dependent on this, whose lives will be impacted, are not being heard,” Van said. “They need to be part of the decision-making process and the planning, and their input needs to be taken seriously because they are the experts.”

“Hawaii Grown” is funded in part by grants from the Stupski Foundation, Ulupono Fund at the Hawaii Community Foundation and the Frost Family Foundation.