‘No Trespass’ Signs Thwart County Inspections Of Kona Dome House – Honolulu Civil Beat

Report on Unpermitted Vacation Rental Structures on Agricultural Land in Hawaiʻi

Introduction

Recent legal disputes on Hawaiʻi’s Big Island highlight challenges related to vacation rentals on farmland, which are prohibited under state law. This report examines a specific case involving an unpermitted dome shelter on agricultural land, emphasizing the implications for Sustainable Development Goals (SDGs), particularly those related to sustainable cities and communities (SDG 11), responsible consumption and production (SDG 12), and life on land (SDG 15).

Case Overview: The Dome Shelter on Agricultural Land

A dome-shaped shelter located on a 5-acre agricultural parcel at 75-5481 Hienaloli Road in Kailua-Kona offers scenic views and recreational opportunities such as yoga and stargazing. However, county property records show no building permits for this structure, indicating it was constructed without proper authorization.

• Legal Status: The structure lacks county-issued building permits and occupancy approvals, raising concerns about compliance with safety and environmental regulations.
• Potential Use as Vacation Rental: Observations suggest the dome may be used as a short-term vacation rental, which contravenes Hawaiʻi statute 205-4.5 that prohibits vacation rentals on agricultural land.

Regulatory and Enforcement Challenges

1. Inspection Difficulties: The property is landlocked with access restricted by “No Trespassing” signs, limiting county inspectors’ ability to enforce regulations.
2. Legal Precedents: The Hawaiʻi Supreme Court ruled in November 2024 that farm dwellings in agricultural districts cannot be used as short-term rentals, reinforcing the protection of agricultural land use.
3. Enforcement Gaps: Despite complaints and inspections, enforcement actions have been limited, highlighting the need for improved coordination among county departments and legal authorities.

Ownership and Land Use Details

• The 5-acre lot is owned by JKS Solutions, a Hawaiʻi-registered company involved in consulting, real estate investments, vacation rentals, and agriculture.
• The property benefits from agricultural zoning, resulting in significantly reduced property taxes ($200 annually), despite being purchased at a higher market value.
• Recent grading permits approved for adjoining blocks suggest potential further development, which requires close monitoring to ensure compliance with sustainable land use practices.

Implications for Sustainable Development Goals (SDGs)

SDG 11: Sustainable Cities and Communities

• Ensuring land use regulations are enforced supports sustainable community development by preventing unauthorized construction and preserving agricultural land.
• Proper management of vacation rentals contributes to balanced tourism that respects local environments and communities.

SDG 12: Responsible Consumption and Production

• Compliance with building permits and environmental regulations ensures responsible resource use and waste management, including septic and effluent systems.
• Preventing unauthorized vacation rentals helps avoid overuse of local infrastructure and resources.

SDG 15: Life on Land

• Protecting agricultural land from inappropriate development preserves biodiversity and supports sustainable agriculture.
• Maintaining agricultural zoning aligns with conservation efforts and sustainable land management.

Vacation Rental Regulations and Legal Context

1. In 2019, Hawaiʻi County enacted laws banning short-term vacation rentals on agricultural lots created after 1976.
2. Legal challenges by landowners were ultimately resolved in favor of the county and state, affirming that short-term rentals undermine agricultural purposes.
3. Recent amendments require registration of hosted vacation rentals, enhancing regulatory oversight.
4. Ongoing litigation may address potential loopholes related to pre-existing rental registrations.

Conclusion and Recommendations

• Enhanced enforcement mechanisms are critical to uphold land use laws and protect agricultural zones.
• Improved interdepartmental coordination and legal clarity will support sustainable land management and community well-being.
• Stakeholders should prioritize adherence to SDGs by balancing economic development with environmental protection and social responsibility.
• Public awareness and reporting mechanisms should be strengthened to identify and address unauthorized land uses promptly.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 11: Sustainable Cities and Communities
   • The article discusses land use, zoning laws, and the management of vacation rentals in agricultural areas, which relate to sustainable urban and community planning.
2. SDG 15: Life on Land
   • The protection of agricultural land and prevention of unauthorized construction supports the sustainable use of terrestrial ecosystems and land resources.
3. SDG 16: Peace, Justice, and Strong Institutions
   • The article highlights legal battles, enforcement challenges, and governance issues related to land use and compliance with laws.
4. SDG 12: Responsible Consumption and Production
   • Issues around unpermitted buildings and unauthorized vacation rentals imply concerns about sustainable land use and resource management.

2. Specific Targets Under Those SDGs Identified

1. SDG 11: Sustainable Cities and Communities
   • Target 11.3: By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management.
   • Target 11.4: Strengthen efforts to protect and safeguard the world’s cultural and natural heritage (implied by land use and zoning enforcement).
2. SDG 15: Life on Land
   • Target 15.3: By 2030, combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world.
   • Target 15.9: Integrate ecosystem and biodiversity values into national and local planning, development processes, and poverty reduction strategies.
3. SDG 16: Peace, Justice, and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
4. SDG 12: Responsible Consumption and Production
   • Target 12.8: By 2030, ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature.

3. Indicators Mentioned or Implied to Measure Progress

1. Number of unpermitted buildings identified and removed or regularized
   • The article mentions unpermitted dome structures and the lack of building permits, implying that tracking permits and unauthorized constructions could measure enforcement effectiveness.
2. Number of short-term vacation rentals registered vs. unregistered
   • The county’s requirement for registration of vacation rentals (hosted and unhosted) suggests an indicator measuring compliance with rental regulations.
3. Legal enforcement actions and court rulings related to land use
   • The article references Supreme Court rulings and ongoing litigation, which could be tracked as indicators of governance and rule of law.
4. Tax revenue from agricultural land vs. actual land use
   • The discrepancy between tax benefits for agricultural zoning and actual land use (e.g., vacation rentals) implies an indicator related to fiscal compliance and land use integrity.
5. Access and inspection rates of agricultural properties
   • Challenges with property access for inspections due to “No Trespassing” signs imply an indicator measuring the effectiveness of enforcement mechanisms.

4. Table: SDGs, Targets and Indicators

Source: civilbeat.org