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No chicken allowed in Ag Zone?
#31

Hmmm, expanding on the chickens just a bit, are there any exclusionary rules or CCR's in Puna regarding Guinea fowl or peafowl, whether hens or ...what are male Guinea fowl called? Drakes? Cocks? Noisy guys?

Guinea fowl and peafowl probably make most roosters sound like a white noise machine, but they sure do eat the slugs and bugs off the veggies (which matters, if you have been watching the rat lungworm problems on the rise in Puna) and peacocks can defend the hens and chicks way better than roosters from not just mongoose but feral cats, stray dogs, and even nonfeathered two-legged problems.

Agricultural land is not Palm Beach, folks. Why buy in and live amidst Puna's agricultural land if you want the sort of shuffleboard, manicured lawns, and quiet which is required by rules in Palm Beach and places like that? Farms and farm critters are noisy and smelly, and thank the goddess for them when it comes time to feed the kids & grandkids!


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#32
quote:
Why buy in and live amidst Puna's agricultural land if you want the sort of shuffleboard, manicured lawns, and quiet which is required by rules in Palm Beach
to be fair, an inability to cope with a rooster farm next door is a long way from wanting Palm Beach. It's very simple; it's about SLEEP.

Polynesian roosters crow all night long, not at sunup, and if they're close and numerous it can be next to impossible to sleep. And if you read how HPP and these other spaghetti lots on lava land were created, they weren't envisioned as farm operation lots.

I'm not saying there shouldn't be farming, just that the developers didn't think this land was all that fertile for farming. The land surprised everyone ...

Roosters are a pain all around. It's not exclusively an ag land problem. People keep them on RS lots too. And they're raised to fight each other for gambling purposes, not food, not to control bugs and slugs.
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#33
quote:
Originally posted by Hotzcatz

There are several cities on the mainland that are changing their "no livestock" rules to allow a few backyard hens.


Interesting. Can you name some?
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#34
I love Sea View !

Here's "Unofficial Sea View Census 2007":

"Residences- 181

Dogs 87

Adults 251

Birds 11

Children 47

Chickens 16

Cats 81

Gecko 777,777".

It's from the newsletter - great sense of humor all over it.

Though it would be nice if chicken were "official".
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#35
I stumbled across this looking for something else

ยง205-4.6 Private restrictions on agricultural uses and activities; not allowed. Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subject such agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes. Any such private restriction limiting or prohibiting agricultural use or activity shall be voidable, subject to special restrictions enacted by the county ordinance pursuant to section 46-4; except that restrictions taken to protect environmental or cultural resources, agricultural leases, utility easements, and access easements shall not be subject to this section.


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#36
Very interesting.
I hope John Rabi and our legal minds will comment on.
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#37
quote:
Originally posted by Seeb

...private agreement contained in any deed, agreement of sale, or other conveyance of land...
I would let the lawyers tackle this, but the way I read it, it refers to individual parcels only and not subdivisions. However, as I mentioned it in one of my earlier posts, Judge Ibarra recently ruled in a case to uphold the CC&Rs of Kula Kai Estates, a subdivision zoned A-1A.

Aloha,
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#38
And to expand on what John stated, Judge Ibarra ruling is partially based on the "July 8, 2003" provision (which was included to avoid constitutional problems). If the CC&Rs was adopted on or before July 7th 2003 and prohibited agricultural use on agricultural Zoned land, it's legal and binding on current and future owners.

John, are new subdivisions required to get approval from LUC and do they have to get approval for CCR's that would restrict land use?
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