Hawaii County is still grappling with how to develop rules following a new state law exempting nonresidential structures on farms from building permits and plan reviews.
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.
The county Agriculture Advisory Commission heard an update about the new law on Tuesday, but most left the meeting with more questions than answers. The commission is asking for a report from the county Department of Public Works for its next meeting, scheduled for Dec. 17 in Kona.
In particular, commissioners wanted a list of what structures were exempt, and asked whether the county has to change the county code to accommodate the new state law.
“This is a tough law to implement,” said Commissioner David Tarnas, who chairs the Legislative Committee. “Working out the details is going to be a challenge.”
Farm groups lobbied extensively for the new law, saying it would help the state become more sustainable. Several state agencies, such as the Office of Planning and the Department of Agriculture, opposed the bill on the question of safety.
The bill passed both houses of the Legislature with only one lawmaker, Sen. Laura Thielen, an Oahu Democrat and former chairwoman of the state Department of Land and Natural Resources, voting no.
Gov. Neil Abercrombie signed the measure into law after changes were made to take opposing testimony into account.
But some members of the local commission still had concerns about safety and liability. They questioned how someone building a new structure would know to follow setback rules, if there is no building permit or plan review by the Department of Planning, and they wondered who would inspect and enforce the law to ensure people weren’t living in the structures illegally.
“The intent of the law was right and useful, but you know there are abuses and regulatory overlaps,” said Jeff Melrose, program development officer for the county Department of Research and Development.
He said currently enforcement is complaint-driven.
Calls to DPW Director Warren Lee were not returned by press time Tuesday.