How to Start an Agritourism or Farm Stay Business in Hawaii: HRS 205-4.5 Ag Tourism Uses, 21-Day Overnight Limit in Maui County Only and County Ordinance Prerequisite

Most people who want to host visitors on a Hawaii farm start with the wrong question. They ask what to build or how to market the experience. The real first question is whether state law and your county allow the use on your land, and whether overnight guests are part of the plan. The answer changes from county to county. This guide walks through how to start an agritourism business in Hawaii in the right order: confirm the land and county rules first, then form the business, register for taxes, and handle food and staffing.

This article is informational content, not legal, tax, zoning, or land use advice. Hawaii agricultural tourism rules come from state statute and county ordinance, and county rules can change. Confirm each point with the agency named here, and talk with a qualified Hawaii land use attorney and a CPA before you sign a lease, buy land, build anything, or accept your first guest.

Understand what state law allows first

HRS 205-4.5 lists the uses permitted in Hawaii's agricultural district. Two paragraphs control most farm stay and agritourism projects.

Paragraph (a)(13) allows agricultural tourism on a working farm in the agricultural district only if two conditions are met. First, the tourism activity must be accessory and secondary to the principal farm use, which means farming has to remain the main activity on the land. Second, the county must have adopted agricultural tourism ordinances under HRS 205-5. If either condition fails, this paragraph does not authorize the use.

Paragraph (a)(14) covers agricultural tourism with overnight accommodations of 21 days or less for any one stay. This is the narrower rule. It applies only to a county that includes at least three islands, has an ordinance, and where the activity coexists with a bona fide farming operation. Maui County, which covers Maui, Molokai and Lanai, is the county that fits that description. Honolulu, Hawaii and Kauai counties do not allow farm stay overnights under this paragraph.

Two more points matter here. Bills for statewide agricultural tourism standards, HB 2585 and SB 3298, did not become law in 2026, so county rules control your project. Farm dwellings and employee housing are addressed in HRS 205-4.5(a)(4), so ask the county Planning Department how that paragraph applies to any cabin, tent platform, or staff unit you plan to add.

Materials and information to gather first

Collect these items before you call anyone or file anything. Most delays in this process come from missing documents.

• The tax map key (TMK) number for every parcel you plan to use. You will find it on your property tax bill or in county records.
• The current state land use district and county zoning designation for each parcel.
• Written evidence of active farming, such as crop or livestock records, sales receipts, or your farm lease. Bona fide farming is a condition under paragraph (a)(14), so you will need to show it.
• A copy of your county's agricultural tourism ordinance and the permit application forms the county Planning Department uses.
• Two or three business name options to check in the free BREG business name search.
• A Hawaii street address for your registered agent. A limited liability company cannot act as its own registered agent.
• A federal Employer Identification Number (EIN) from the IRS, which you need for banking, payroll and most tax filings.
• A credit or debit card for online state filings and fees.

Step-by-step: starting the business

1. Confirm your county. Your county decides whether you can host overnight guests at all. Maui County is the only county where the paragraph (a)(14) overnight option exists. If your parcel is in Honolulu, Hawaii or Kauai county, plan a day program only, and confirm with that county's Planning Department whether any other route is available before you advertise a stay.
2. Confirm the land is in the agricultural district and the farm is real. Check the parcel's state land use designation and county zoning. Then confirm that farming is the principal use and that tourism stays accessory and secondary. Agritourism that grows larger than the farm it sits on is one of the most common reasons a project gets challenged.
3. Confirm the county has an agricultural tourism ordinance. HRS 205-4.5(a)(13) requires that the county has adopted ordinances under HRS 205-5. Ask the Planning Department for the current ordinance text, the permit type you need, the application fee and the review timeline. This guide does not list county fees or timelines, so get them in writing.
4. Decide your business structure. Many operators place the farm, the tours and any lodging inside a limited liability company, formed by filing Articles of Organization (Form LLC-1) with the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division (BREG). A corporation files Articles of Incorporation (Form DC-1). Structure affects liability and taxes, so discuss it with your CPA and attorney before you file.
5. Check your name and reserve it if needed. An LLC name must contain the words Limited Liability Company, the abbreviation L.L.C. or LLC. It cannot be substantially identical to a name already registered. Search names free at https://hbe.dcca.hawaii.gov/search-and-buy. If you need time, a name reservation costs $10 and lasts 120 days.
6. File the formation document online. Use Hawaii Business Express (HBE) at https://hbe.dcca.hawaii.gov/ to file Form LLC-1. The filing fee is $50. Your Articles must state your registered agent's complete Hawaii street address. The registered agent must be an individual or an entity authorized to transact business in Hawaii and physically present in the state. A commercial registered agent files a listing statement with BREG for $100. Expedited review normally costs an extra $25, but BREG states that expedited processing is not available at this time following its July 6, 2026 move to the new registration system. Plan for routine processing and confirm current timing with BREG.
7. Register a trade name if you will operate under a different name. If your farm stay brand differs from your LLC name, register it on Form T-1 with BREG at https://cca.hawaii.gov/breg/registration/trade/. The fee is $50 plus a $1 State Archives preservation fee. Registration is valid for five years, and the Department does not send renewal notices, so calendar the renewal yourself. Hawaii has no county-level DBA filing.
8. Register for the General Excise Tax (GET) license. Hawaii has no general statewide business license, but almost every business needs a GET license from the Hawaii Department of Taxation at https://tax.hawaii.gov/. It is a one-time $20 fee, applied for on Form BB-1 or through Hawaii Tax Online. Processing is immediate in person, 5 to 7 business days through Hawaii Tax Online, and 4 to 6 weeks by mail. The license stays active until you close, surrender or lose it.
9. Understand GET before you set prices. Hawaii has no sales tax. GET is a tax on your business's gross receipts, not on the customer. The rate is 4 percent plus a 0.5 percent county surcharge, for 4.5 percent on most retail goods and services, rents and contracting. Wholesaling and producing carry 0.5 percent. Every license holder must file periodic and annual returns, even in a period with no income. If you visibly pass GET on to customers, the maximum pass-on rate is 4.7120 percent. Ask the Department of Taxation how GET applies to tours, meals, lodging and product sales, and whether any transient accommodations tax applies to overnight stays.
10. Get food approvals from the Department of Health. If you serve or sell food, the state Department of Health issues the food permit, because Hawaii has no county health department. For Maui County farm food trucks, Ordinance 5834 (2025) lets trucks and trailers operate as agricultural food establishments when they use food grown, raised or caught in Hawaii. Operations at 1,000 square feet or less need no Special Use Permit under that ordinance. Department of Health approval still applies. Confirm fees and inspection steps with the Department of Health before you buy equipment.
11. Plan staffing and employer obligations. If you hire anyone, employers must follow the Prepaid Health Care Act. Confirm wage, insurance and other employer requirements with the Department of Labor and Industrial Relations. Seasonal workers and family members who work on the farm belong on the same compliance checklist as everyone else.
12. Calendar the annual report. An LLC files an Annual Report for $12.50. It is due by the end of the calendar quarter that matches your registration quarter. No report is required in the year you register. For example, an LLC registered on March 15, 2027 files no report in 2027, and its first report is due March 31, 2028. An LLC registered between July 1 and September 30 has its report due September 30 of the following year. Set a reminder the day you register.

Fees at a glance

Item	Amount	Where to file or confirm
LLC Articles of Organization (Form LLC-1)	$50 filing fee	Hawaii Business Express
Name reservation	$10, valid 120 days	BREG
LLC Annual Report	$12.50 each year after the registration year	BREG
Trade name registration (Form T-1)	$50 plus $1 State Archives fee, valid five years	BREG
Commercial registered agent listing statement	$100	BREG
General Excise Tax license	$20 one-time	Department of Taxation
Food permit	Confirm with the agency	Department of Health
County agricultural tourism permit	Confirm with the agency	County Planning Department

Common mistakes to avoid

• Assuming overnight stays are legal in every county. Only Maui County fits paragraph (a)(14). Honolulu, Hawaii and Kauai counties do not allow farm stay overnights under that paragraph.
• Making tourism the main use. If guest activity grows larger than the farm, the use may fall outside the accessory and secondary requirement.
• Building or advertising before confirming zoning and the county ordinance. Booking platforms do not check your zoning for you, and a listing does not create a permit.
• Treating the LLC filing as a license. Filing with BREG forms the entity. It does not authorize you to host guests, serve food or sell products.
• Calling GET a sales tax. Hawaii has no sales tax. GET is a cost of doing business, and your pricing should account for it.
• Counting on expedited processing. BREG states that expedited processing is not available at this time following the July 6, 2026 system move.
• Using a registered agent without a Hawaii street address, or naming the LLC as its own registered agent.
• Missing the annual report or the trade name renewal. The Department does not send trade name renewal notices.
• Skipping the food conversation. Serving food, including from a farm food truck, requires Department of Health approval.

Expected results

Realistic expectations are more useful than optimistic ones. Once the use is approved and the business is registered, a farm stay or tour program may add income alongside farm sales. Results depend on your county, parcel, season, guest demand, pricing and marketing. Nothing in this article is a revenue projection or a guarantee of bookings. Build a budget that still works if occupancy comes in slower than you hope.

Keep marketing claims about food and farm products factual and hedged. Avoid stating or implying that a product treats, prevents or cures any condition. Check packaged food labeling with the FDA and the Department of Health before you print it.

Where to get help

Start with the agency that owns each decision. BREG handles entity formation, name reservations and trade names at https://cca.hawaii.gov/breg/. Hawaii Business Express is at https://hbe.dcca.hawaii.gov/. The Department of Taxation handles GET at https://tax.hawaii.gov/get/. For land use and ordinance questions, call the county Planning Department. For business planning and financing help, the Hawaii Small Business Development Center at https://hisbdc.org/ is a useful starting point, and the SBA's Hawaii district page at https://www.sba.gov/district/hawaii lists local resources. A Hawaii land use attorney can review zoning and ordinance questions, and a CPA can advise on entity structure and GET reporting.