Clamp down on abusers of ‘farmlands’

Any law-abiding citizen who heeds zoning and building codes should be offended by the 20-plus house-like structures that have cropped up at Kunia Loa Ridge Farmlands despite a state law and landowner rules that expressly prohibit dwellings there. Outraged, too, should be homeowners who pay property taxes at rates based on their land’s permitted use and expect others to likewise comply with land-use designations.

At issue are at least 20 structures that have been built on leased lots within the 854-acre Kunia Loa Ridge project, which a 2006 state law enabled. Aimed at aiding agricultural ventures across the state, the law allows ag lands to be subdivided and leased minus county standards such as sidewalks and street lights — but only for actual farming or ranching. The law is clear: Homes are not allowed, not even temporary dwellings such as trailers and campers.

Tell that to the city, which has inexplicably looked the other way as more and more house-like structures go up at Kunia Loa. While other counties have been more vigilant against allowing dwellings, the city Department of Planning and Permitting (DPP) says citing violators has been too difficult, so it has done little.

But such laxness is wrong — and has only emboldened some lot owners. It’s gotten to the point where one of the biggest buildings seen is said to be a Buddhist temple, reported the Star-Advertiser’s Rob Perez, who also saw the balcony of one houselike structure draped with clothing and sheets.

DPP blames two state-law exemptions in excusing its hands-off approach:

» In July 2012, farmers and ranchers were exempted from the timely, costly process of obtaining building permits for small agricultural-related buildings, such as tool sheds, to help them compete with imported food suppliers. Conditions, though, require that structures be nonresidential, essential to the ag operation, and limited to 1,000 square feet of floor space.

This exemption notwithstanding, DPP has issued 30 building permits for Kunia Loa structures, mainly for storage sheds, barns and fences. But in a dubious lapse from normal procedure, DPP failed to inspect any of those buildings upon completion to ensure plans were followed.

» Then last year, the situation was exacerbated by a broadened exemption allowing even bigger structures, including prefabbed commercial buildings of up to 8,000 square feet; models are pre-approved by the counties. But this has only added to enforcement difficulties, with some farmers using the models to obtain building permits but then not following plans. The Legislature needs to repeal this broadened exemption that clearly has been misused.

The DPP is now conducting an investigation based on the Star-Advertiser’s stories and inquiries, and violation notices are said to be forthcoming for six structures not conforming with their permit plans. Good. Further, the city should consider a moratorium on such ag-structure permitting until lessees can justify their farming enterprises.

Taxpayers expect government to enforce land-use laws, not dither or look away while dwellings proliferate with impunity. The original intent of Kunia Loa Ridge Farmlands — the purpose for which it earned Land Use Commission approval in the first place — was farm lots. The project’s website states clear conditions, among them: "LOTS FOR SALE are for FARMING ONLY. … No dwellings allowed (city may limit other structures)."

Also of concern are Native Hawaiian and cultural sites at Kunia Loa farmlands, and the lack of plans for preserving dozens of significant archaeological sites within.

"It’s like the wild, wild west," said Sheila Valdez, of Na Wahine o Kunia, a group pushing for preservation of historic sites in Kunia.

Valdez is right, and forceful action must be taken quickly, before the situation worsens beyond all control.

It’s increasingly clear that the well-intended initiative to support local farming at Kunia Loa Ridge Farmlands is being overtaken by those gaming a severely dysfunctional system. The city DPP must step up and clamp down on these audacious structures.

In tandem, the state law needs to be tightened — not broadened as it was in 2013 to allow bigger buildings. Stop carving out exemptions; instead, close them. As proven by the scofflaws, exemptions are only enabling the problem by making enforcement more difficult.

All those associated with this Kunia Loa project, as well as other farmland enterprises allowed by the 2006 law, need to hear and heed the message: Such lots are strictly for farming and ranching, and only those who abide by these conditions will be allowed to use the land.