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Council bill seeks to ease permit restrictions for ag lot owners
#1
Council bill seeks to ease permit restrictions for ag lot owners
By MICHAEL BRESTOVANSKY Hawaii Tribune-Herald | Sunday, October 6, 2024, 12:05 a.m.

Agricultural landowners could encounter less red tape when trying to make small improvements to their properties, under a County Council proposal.

At Wednesday’s Planning, Land Use and Development Committee meeting, Puna Councilwoman Ashley Kierkiewicz introduced Bill 212, which would exempt greenhouses and other small structures from requiring building permits on agricultural lots.

Currently, permits are not required for “detached one-story accessory structures” used as tool sheds, storage sheds, gazebos, playhouses, animal sheds and the like on residential-zoned land, as long as the structure’s total floor area doesn’t exceed 200 square feet.

Bill 212 would extend that exemption to ag land and expand it, with no permits required for accessory structures up to 1,000 square feet of floor area.

Kierkiewicz told the committee that the bill, among other things, corrects an oversight caused by the current building code. She said a constituent attempted to build a greenhouse on his property without realizing he needed a building permit to do so.

“These structures, greenhouses in particular, are very critical to our food sustainability, and they’re subject to a very bureaucratic building permit process,” Kierkiewicz said. “We are here to encourage people to be more food-resilient.”

Kierkiewicz said greenhouses were previously granted a longstanding permit exemption that was inadvertently removed during a prior update to the building code, and that her bill is merely restoring that policy.

At the same time, the bill also greatly increases the scope of repairs allowed on a property without requiring a permit. Currently, any repair work to a structure that exceeds $7,500 in cost over a 12-month period requires a building permit. Bill 212 would change that limit to $25,000.

“This change recognizes the increasing costs of materials and labor and allows for essential maintenance efforts to occur again without triggering a cumbersome permit process,” Kierkiewicz said.

Public Works Director Steve Pause agreed that “it is very difficult to get anything done” under the $7,500 threshold and said the bill would be a boon for the Planning Department simply by virtue of removing a large number of maintenance project building permit applications from its workload.

Pause also reassured community members that accessory structures cannot be used as residences, so people will not be able to use the bill as a loophole to create cheap housing units.

Some rural property owners testified in favor of the proposal. Amedeo Markoff, president of Mainstreet Pahoa, said the 2018 Kilauea eruption destroyed a lot of Puna’s agricultural land, exacerbating the need for easier greenhouse construction.

“We lost our soil,” Markoff said. “I don’t know if you’ve driven down there lately, but it’s mostly lava now. So, if you want to stimulate agriculture in lower Puna, you need greenhouse farming.”

The committee voted unanimously to forward the bill to the full council with a favorable recommendation.

Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
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#2
State law already exempts ag structures on ag-zoned land. Plumbing and electrical still require County permits.
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#3
"Pause also reassured community members that accessory structures cannot be used as residences, so people will not be able to use the bill as a loophole to create cheap housing units."

Because heaven forbid we have cheap housing, *right*?  Cuz, y'know, we can't have all these people going out and wanting, *trying*, to live affordably and simply, off-grid, and gosh, growing food also, on land they own, right?

Cuz there's no money then for all those contractors, engineers, architects, plumbers, electricians, unions, bureaucrats, not to mention *bringing down the property values in all these faaaaaancy neighborhoods*? Oh, the horror!

Just playing good ol' devil's advocate here, y'know... :::eyeroll:::

Well! This was a fun exercise!
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#4
Turns out there's a lot of fire in that ferret.
I wish you all the best.
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#5
You found me out, 'Tang... ;-)

I am a huge proponent of tiny homes, alternative homes and alternative building materials (aircrete, cobb, rammed earth, wattle-and-daub, repurposed, recycled, upcycled, etc.,...all the things), sustainable living, off-grid living...letting people have what is a basic fundamental part of life...a place to live!

Consider other parts of the world, and how and where people live in what sorts of structures. Are they bothering anyone else?

Why, here in the US (and particularly here in HI , where we inexplicably follow CA's outlandish over-engineered building requirements...we're in  *jungle*, here, in and around Puna, a rainforest!

I drive around and see so many funky, creative, alternative little builds that are somehow seemably still surviving "under the radar", and I congratulate them for their ingenuity.

But noooo, some bureaucrat or nosy neighbor steps in and interferes, because heaven forbid someone should be allowed to live the way they want, that isn't affecting anyone around them? Maybe *they* didn't get to do their own thing, so they gotta piss on anyone else who does?

I get that there could be the danger of a fire due to poor building practices, but realistically, how often would something like that happen, and considering the state the insurance industry is in now, how would it be any different than if you did have a standard legal permitted structure and a fire happened, you know the insurance companies will do everything they can to avoid paying out.

Please, can't people live and let live? Mind their own damned business?

Ok, I've said a lot and had no coffee (yet!) so I'll let this stand, and maybe elucidate further later or answer any other thoughts that come up.

~'Ferret, out... (but not down!)
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#6
Speaking of doing things right, how would you like to be this guy?

At what time do we just clean out this pile of garbage in the Public Works Department and get in someone remotely close to competent?

EPIC fail? Homeowner sues county over building permits

By JOHN BURNETT Hawaii Tribune-Herald | Monday, October 7, 2024, 12:05 a.m.

The owner of a home in Milolii Beach Lots is suing Hawaii County, claiming its Electronic Processing and Information Center system — known as EPIC — has trapped him in a permitting Catch-22 that only will allow him to demolish his house, not to remodel or live in it.

Specifically named in the lawsuit is the Board of Appeals and Public Works Director Stephen Pause.

Shazaad Ausman is a principal of 88-129 KAI LLC, the plaintiff, a limited liability corporation that uses the name of the home’s address, 88-129 Kai Ave.

County tax records indicate that Ausman purchased the 336-square-foot beachfront cottage — which was granted a building permit in 1987 and completed in 1989 — on May 6, 2021, for $275,000.

The original building permit, issued on Dec. 10, 1987, is listed as expired, while an alterations permit issued to the previous homeowner on Jan. 8, 2020 — just prior to the novel coronavirus pandemic — appears to be on hold, with its status listed as “incomplete visit.”

“When I bought it, they sold it to me with permits to remodel the home and bring the remodeled parts to code. It was kitchen, bathroom, solar, deck, stairs, electrical, plumbing, catchment — that kind of stuff,” he said.

“And when I bought it, I did all the due diligence. I called the county to check all the permits. Everything was OK in 2021. Fast forward, I started the work in 2022, because in 2021, everything was kind of, like, locked. I called the county for inspection in March. They never came. They’d call to push it. They’d say, we’ll come in a week or two, and then, they’d never show up.”

Ausman said a building inspector “eventually showed up” in June 2022.

“He looked at me, and he said, ‘Your permit has expired,’” Ausman recalled. “I said, ‘How come? It’s supposed to expire in 2025.’ He said to me, ‘No, it expired yesterday, June 1, 2022.’ They said the day the EPIC system went live, it expired.

“I showed him the permit, and he said, ‘No, not the remodeling permit. The building permit doesn’t have a final (inspection),” he continued. “I said, ‘That’s not possible. If the building permit doesn’t have a final, you would not have issued me a remodeling permit.’

“And in October of 2022, I got a letter from the Department of Public Works saying that the entire house is unpermitted because they cannot find the records of a filed permit, of a final inspection for the permit of ’87. It says I have to pull all new permits, bring the house to current code, lift it and move it out of the (shoreline management area) and all that — basically, asking me to tear the house down.

“And I’m like, ‘No, I can’t do that. It’s just not possible.’”

Ausman then went to the county’s Board of Appeals where, in his words, “I lost.”

“At the Board of Appeals, they said that the director, Pause had been right in canceling all my permits, because my permits had been issued in error,” he explained.

“There’s nothing I can do. I can’t move the house. I can’t bring it to current code. And they don’t want me to live in the house. They have not offered any reasonable accommodations, nothing. They’ve just been like, ‘no’ the entire way, except, move your house, pull your permits — which I’m not going to get, because I don’t have an SMA permit.”

The alterations permit, which was issued to the previous homeowner — Walter Fullerton of Washington state — also was revoked, in an Oct. 6, 2022, letter from DPW to the current homeowners’ real estate attorney.

Kailua-Kona attorney Patrick Wong filed an agency appeal lawsuit on behalf of Ausman in October 2023, seeking immediate reinstatement of the original building permit, stating that his clients’ good-faith expenditures of money and reliance on the building permit’s validity “clearly outweigh the irregularity in DPW’s permitting process dating back some 33 years ago.”

“DPW cannot point to any evidence to substantiate its contention that (the 1987 building permit) expired without completion or final inspection,” the lawsuit states. “DPW’s own records indicate that (the permit’s) expiration date was ‘not available’ … . Meanwhile, DPW issued several notices claiming to extend ‘permit application cancellation amnesty’ to the general public.”

The Office of Corporation Counsel, the county’s civil attorneys, said Thursday it “does not comment on pending litigation.”

Email John Burnett at jburnett@hawaiitribune-herald.com.
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#7
What Julie said (not gonna copy/paste).

This is just what I am talking about. Bureaucratic bullsh*t just to line the county's (and contractor's) pockets.
A huge waste of resources, just to ruin some guy's life who just wants to *live* his own life, and thrive. All the time and money he spent, wasted.

I was remiss in actually discussing anything ag-related in my earlier reply, but this sort of allows me to add to it. 

Let people live as they want, and if it is also on ag land, that way they can live there, guard their fields, and produce *food*! Either just for themselves, or to sell/barter/trade to their community.

Why is this so wrong?

(Rhetorical question, of course...answer: because there's no money for the county, nor electricians, plumbers, etc., etc., etc.)

Coffee...need more coffee...
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#8
"Why do people build without permits?"
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#9
aircrete, cobb, rammed earth, wattle-and-daub, repurposed, recycled, upcycled, etc.,...all the things),

Hempcrete?

https://www.hawaiipublicradio.org/the-co...me-on-maui
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#10
I read about that hempcrete house when that article first came out, and have it bookmarked in my "Big File of Housing Stuff". ;-)

I have been trying to keep up with any sort of progress on allowing tiny house/alternative communities to be built anywhere here in Puna, as I would really like to help get involved with building them to help people have affordable homes. The few that are located behind Tin Shack were a good start, but...
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