The landowner for a Kunia agriculture development where more than 20 houselike structures have been constructed despite a ban on dwellings urged the city in October to inspect some of the larger properties, citing health and safety concerns and suspicions of building-permit violations.

But the city so far has taken a largely hands-off approach, referring to a 2012 state law that exempts certain ag structures from needing building permits if constructed on commercial farms and ranches.

As more structures have gone up at the 854-acre Kunia Loa Ridge Farmlands, the lax oversight has raised questions about whether sufficient protections are in place for an area considered rich with historic and cultural sites.

One Native Hawaiian group and several state agencies, including the State Historic Preservation Division and the Office of Hawaiian Affairs, have raised concerns about the lack of plans for preserving dozens of significant archaeological sites within the project.

The subdivision, which has 99 leased lots geared for small farmers, covers former sugar cane and pineapple land along the foothills of Kunia that had been mostly fallow for years. The property is off the grid, unconnected to Oahu’s power, water, sewer and telephone lines.

"It’s like the wild, wild west," said Sheila Valdez of the lax oversight at Kunia Loa. Valdez heads Na Wahine o Kunia, a Native Hawaiian group that is pushing for the preservation of historic sites in the Kunia region, including within the subdivision.

"We are concerned that there is development going on (or reported to be), and that there is no preservation plan in place for the known archaeological and cultural sites," SHPD Administrator Alan Downer said in a statement to the Honolulu Star-Advertiser. "Also, there is no burial treatment plan in place for the identified burial sites."

The project’s landowner, a nonprofit called Kunia Loa Ridge Farmlands, says significant archaeological sites have been marked and are sufficiently protected, such as being fenced off. Subdivision work so far largely has stayed clear of the sites, according to the landowner, and none has been damaged or desecrated — a contention disputed by Na Wahine.

Kunia Loa representatives also said they have worked closely with various government agencies to try to ensure that everything done at the unique project is by the book. Kunia Loa was one of the first developments to use a 2006 state law exempting leased ag land from county subdivision requirements, such as paved roads and sidewalks. A key provision of that law is that no dwellings are allowed. Kunia Loa’s own rules also prohibit residences.

The Kunia Loa representatives said they have a preservation and burial treatment plan that is in the community-comments stage and will be submitted to SHPD for approval after that.

Because of the unique nature of the project, including having many farmers owning shares in a cooperative that owns the land, government agencies sometimes are unsure how to deal with the project or are not sufficiently staffed to do so, adding to the challenges facing Kunia Loa, according to the landowner.

"We rely on government to tell us what to do," said attorney Raymond Iwamoto, who represents the landowner.

QUESTIONS ABOUT LAX oversight at the ag development have intensified since a Star-Advertiser story earlier this month cast a spotlight on unregulated buildings there. The city says it has not conducted any inspections of completed buildings, partly because it has received no notifications that the structures were completed.

An inspection normally is done when a building is finished to ensure the approved plans were followed and to close out the permit.

Iwamoto himself raised concerns about the lack of inspections in an October letter to the Department of Planning and Permitting, the city agency that enforces the building code. He questioned DPP’s interpretation of the 2012 law.

"This is a health and safety issue, as building permits give some level of assurances with respect to the safety of the structure," he wrote. "While the state law exonerates the city and county from liability for claims arising from construction of these structures that are exempt, it does not shield the city if there has been gross negligence or intentional misconduct."

Among other things, Iwamoto noted that dwellings are not exempt under the law. If any of the Kunia Loa structures meet the city’s definition of a dwelling, a violation should be issued, according to his letter.

In an interview last week, Iwamoto said most Kunia Loa farmers follow the rules and are striving to develop successful ventures, including growing taro, bananas, mango and other crops.

"The majority are hardworking farmers who have a sincere desire and dedication to farm or ranch and who have not built any illegal structures," he said. "They should not be tarnished by the few who may have done so."

In his October letter, Iwamoto noted that a city inspector had checked some of the large farm structures and would have issued violation notices to farmers who did not follow their building-permit documents.

"However, as a result of this state law, the inspector was told to not issue the violation," he wrote. "We think this could be a mistaken interpretation of the law."

Since the 2012 law was enacted, the city has issued only one citation at Kunia Loa for an unauthorized structure. And the city rescinded that citation because of the amendments made to the law last year.

One of the new exemption categories is manufactured, pre-engineered commercial buildings up to 8,000 square feet that have been preapproved by the city or county.

Kunia Loa has model plans for six structures that have been preapproved, providing farmers with examples of what is allowed within the subdivision. Five are open-air structures, and one has two stories with an open first floor and an enclosed second floor that has one room and no interior partitions.

Kunia Loa representatives said a few farmers used the models to obtain building permits — a requirement for getting a structure insured — but then did not follow the plans.

Preapproved models have added to the city’s enforcement challenge, according to DPP.

"Over the years, the city has preapproved hundreds of model buildings, including two- and three-story structures, and it would be nearly impossible to determine if an unpermitted structure was a preapproved model without comparing it with plans," DPP Director George Atta said in written responses to Star-Advertiser questions.

Because of the size of Kunia Loa and the lack of street names, numbers or landmarks, "it is very difficult for the DPP to determine which structures require permits and which ones are exempt," Atta wrote.

He said the difficulty in enforcing the building code in the wake of the 2012 law stems from the city having the burden of proof. Simply because a structure looks like a house doesn’t mean it’s being used as one, and the city doesn’t have the authority to go inside to prove residential use, a DPP spokesman said.

Asked why the city didn’t conduct inspections in response to the landowner’s October plea, Atta said the letter lacked details about specific locations or descriptions. But he did say the agency is conducting an investigation based on the Star-Advertiser’s recent story and inquiries.

Iwamoto said a city inspector told him last week that violation notices will be issued for six structures that were not built in conformance with their permit plans. The landowner is pleased the city is taking enforcement action, he added.

A DPP spokesman would not confirm that citations are being issued, saying the agency does not comment on ongoing investigations.

On a recent visit to the project, the Star-Advertiser counted more than 20 houselike structures along the dirt roads that snake through the property.

The landowner representatives said they are aware of only one person living in the subdivision, and that person is there to monitor the area. Some farmers like to spend the weekend at their lots, but that doesn’t mean they live there, the representatives said.

At least one farmer and several frequent visitors to the subdivision, however, told the Star-Advertiser that people live there and not just on weekends. Some have generators and bring in drinking water, they said.

The concept of taking largely fallow land and providing opportunities for small farmers to contribute to Hawaii’s diversified agriculture is lauded by many in the industry.

But Kunia Loa, which began marketing its lots in 2010, is experiencing growing pains, some say.

"We are still in our infancy stage," said Larry Ordonez, managing partner of C&C Farmlands, the hui that bought the 854 acres from James Campbell Co.