Unpermitted cabins on Agricultural Land?

[gypsyforlife]

Hey folks!

I have a cabin up in Mountain View, a beautiful place without a permit or electricity. I've been looking over permitting and all that, and I came across information about un-permitted structures on Agricultural land (I'm zoned Ag). Apologies if this has already been discussed.


"The law, which went into effect July 1, allows structures such as sheds, barns, greenhouses and other buildings not intended for living space to be built without permits on commercial farmland within the agricultural district. The law, Act 203, absolves the state or county from liability for unsafe structures."

(http://westhawaiitoday.com/news/local-ne...ilding-law)

But Act 203 is for Maui County, or at least that's what I found online. From what I can tell though, it provides a significant loophole for those of us off-grid on Ag land.

Anyone have any more info on this? I called today, but as per usual, most everyone in the permit office doesn't know their ass from their elbows, but are very eager to tell you all kind of thing.

I live primarily in Alaska, so I'm not used to having to use permits at all (we aren't required to have any, for really any reason). I've been working to build up my permaculture food forest, so I'm there for a few months at a time throughout the year, but it'd be nice not to have to worry about the county coming down on my for not having electricity or A/C.

[Seeb]

There must be a permitted use ( like a house ) on the land to use the shed exemption.

[gypsyforlife]

Do you have any links to that info? The permitting office said that in residential areas, (anything zoned) you now have to get a permit, even for just a shed, but they weren't sure on Ag land, and sent me to someone's dead-end voice mail. That isn't the case as far as Act 203 in Maui, so it'd be weird if they changed that for Hawaii.

That said, I was shocked that you need 3 sets of plans stamped by an architect for a shed. A SHED. It seems excessive to me, but I know most people from the States are used to it.

[MarkP]

I second that about needing another permitted structure. On the other hand the county has been so deeply and widely tolerant of un-permitted structures in the past that it is difficult to imagine them seeking them out now to make trouble unless there was some greater issue at large. For example I live in a shipping container and nobody has ever said boo (knock on wood).

[VancouverIslander]

If nobody complains the county likely won't look into anything. Half the places in Mountain View are unpermitted, including many that are currently listed on MLS (alohaliving, bigislandreale, etc). The county even taxes unpermitted houses.

My wife and I spent a lot of money and jumped through all the hoops to get our place permitted. It was a PITA, took way too long and cost a lot of money. But at least we now have the privilege of paying HELCO insane electricity costs and higher taxes, lol! OK, our resale value is a lot higher as well and the house is much nicer to live in. In any case, half the places on my road are unpermitted and nobody cares so far. It all depends who your neighbors are and whether or not you can get along with them as far as I can tell.

[gypsyforlife]

That's kind of my thought, but people tend to talk about it online like the County is going to show up and tear down your house. You can't even see it from the road (there is a small footpath leading in, about 100 yards)so I can't imagine it ever being a bother to anyone, but I'd feel better if it fell under the new Ag exemptions. It's actually styled after Hawai'ian Hales, so it MIGHT possibly fall under that too.

It's just crap that there isn't better information available.

[Rob Tucker]

Ag exemptions do not include dwellings. Wishful thinking on your part.

[gypsyforlife]

But that's the thing--it looks like a yoga studio in that it's empty save for some tables, benches and storage, and a kitchen, all legit there to process fruit. There is no bedroom, no bathroom, and we do not dwell there, but use it for a few weeks a time a year, and we do process jams, compotes and syrups with the fruit we grow on the land. If Hawai'i County instated the same rules as the Maui code, it would pass as an Ag building, easy.

[Rob Tucker]

My experience is don't worry about it. The House of Cards was in Seaview for something like 17 years and the county did little or nothing effective that whole time and it was right out in public big as day. Eventually it burned down.

The only thing that historically will trip you up are written complaints from neighbors.