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File #: ADEPT-3 Bill 75 (2025)    Version:
Type: Bill Status: Agenda Ready
File created: 5/19/2025 In control: Agriculture, Diversification, Environment, & Public Transportation Committee
On agenda: 6/5/2025 Final action:
Title: BILL 75 (2025), AMENDING THE COMPREHENSIVE ZONING ORDINANCE ON AGRICULTURAL TOURISM (ADEPT-3)
Attachments: 1. Bill 75 (2025), 2. Amendment Summary Form from Councilmember Paltin 05-29-2025, 3. Correspondence from Committee Chair 05-30-2025, 4. Correspondence from Corporation Counsel 05-29-2025, 5. Testimonies received through 06-04-2025, 6. Presentation from Planning 06-04-2025, 7. eComments Report 06-05-2025
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Title

BILL 75 (2025), AMENDING THE COMPREHENSIVE ZONING ORDINANCE ON AGRICULTURAL TOURISM  (ADEPT-3)

 

Description

The Committee is in receipt of the following:

1.                     Bill 75 (2025), entitled “A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE ON AGRICULTURAL TOURISM.” Bill 75’s purpose is to establish agricultural tourism as an accessory use in the Agricultural District.

2.                     An Amendment Summary Form, dated May 29, 2025, from Councilmember Tamara Paltin, proposing to amend Bill 75 (2025) by:

a.                     Removing the requirement to consult with the Department of Fire and Safety when the farm’s primary point of ingress and egress is less than 20 feet wide and instead require a site plan approved by the department as part of the agricultural tourism registration process;

b.                     Authorizing enforcement of agricultural tourism cultural misappropriation violations only after consultation with the Department of ʻŌiwi Resources and authorizing the Planning Director to revoke the producer’s registration for up to five years and disallow continued agricultural tourism activities in the case of repeated violations demonstrating intentional disregard for compliance;

c.                     Requiring approval by the Department of ʻŌiwi Resources to operate agricultural tourism activities based on traditional, ancestral, indigenous, or cultural activities as part of the registration process; and

d.                     Removing agricultural tourism activities operating after 6:00 p.m. and before 8:00 a.m. and removing “traditional or ancestral activities related to the location and movement of celestial and elemental bodies” from the activities that a producer may offer.

3.                     Correspondence from the Department of the Corporation Counsel, dated May 29, 2025, transmitting a proposed CD1 version of Bill 75 (2025), entitled, “A BILL FOR AN ORDINANCE AMENDING TITLE 19, MAUI COUNTY CODE RELATING TO THE COMPREHENSIVE ZONING ORDINANCE ON AGRICULTURAL TOURISM,” approved as to form and legality. The proposed CD1 version amends the hours traditional or ancestral activities related to the location and movement of celestial and elemental bodies may operate and makes nonsubstantive amendments for consistency, clarity, and style.

4.                     Correspondence dated May 30, 2025, from the Committee Chair, transmitting County Communication 84-25, including the Department of Planning’s recommended revisions to the proposed bill attached to Resolution 24-172, CD1, FD1, which was later introduced as Bill 75 (2025).

 

Status

The Committee may consider whether to recommend passage of Bill 75 (2025), with or without revisions. The Committee may also consider the filing of Bill 75 (2025) and other related action.