{"id":16200,"date":"2024-11-08T13:02:41","date_gmt":"2024-11-08T23:02:41","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=16200"},"modified":"2025-05-24T15:12:29","modified_gmt":"2025-05-25T01:12:29","slug":"board-talk-east-hawai%ca%bbi-landowners-are-fined-for-conservation-district-violations","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=16200","title":{"rendered":"BOARD TALK: East Hawai\u02bbi Landowners Are Fined For Conservation District Violations"},"content":{"rendered":"\n

On October 11, the state Board of Land and Natural Resources voted unanimously to fine Juan and Judith Silva $85,000 for unauthorized modifications to a single-family residence and placement of accessory structures within their 11.8-acre property in the Conservation District of North Hilo.<\/p>\n\n\n\n

In August 2001, the Land Board approved a Conservation District Use Permit (CDUP) requested by the property\u2019s previous owners for the establishment of agricultural uses, the construction of a work shed, a shade house, a water catchment system, and other improvements. With an amendment to the permit in 2004, the owners had until February 24, 2006, to complete those improvements. No plans were ever submitted to the DLNR.<\/p>\n\n\n\n

An August 2005 site visit by the staff with the DLNR\u2019s Office of Conservation and Coastal Lands found that the shed authorized by the CDUP had been converted into or was built to be a single-family residence.<\/p>\n\n\n\n

The landowner paid $650 and secured an after-the-fact CDUP from the Land Board to cover a house of 413 square feet, plus a 368-square-foot porch and a 286-square-foot carport. The total area of the residential features would be 1,067 square feet.<\/p>\n\n\n\n

The Silvas bought the property in 2020 for approximately $550,000 and proceeded over the next few years to expand the residence to 3,390 square feet and to make other unauthorized improvements. They then tried to sell the property for $1,249,000 in late 2023.<\/p>\n\n\n\n

\"\"<\/a>
Silva residence in North Hilo. Credit: DLNR<\/figcaption><\/figure>\n\n\n\n

\u201cSoon after the marketing of Parcel 044 began, OCCL received inquiries from potential buyers of the parcel,\u201d an OCCL report to the Land Board states. The office issued a notice of alleged violation on February 5 of this year.<\/p>\n\n\n\n

The Silvas responded in March, stating that they wanted to pursue an after-the-fact permit for the modifications.<\/p>\n\n\n\n

The OCCL reported to the Land Board, \u201cCursory conversations with the State of Hawai\u2018i Department of Health Wastewater Branch note that the unauthorized improvements made to the SFR [single-family residence] potentially would have triggered the need to convert or upgrade the dwelling\u2019s individual wastewater treatment system. It appears no applications or authorizations to upgrade the individual wastewater treatment system have been received or issued according to the Department of Health Wastewater Branch.\u201d<\/p>\n\n\n\n

The OCCL continued, \u201cIt has been OCCL\u2019s position to discourage speculative activities in the Conservation District. Speculation often leads to an increase in the intensity of land uses on the area or land, and these activities do not often align with the purpose of the Conservation District. Given the above information regarding unauthorized improvements made to Parcel 044, its SFR, and the parcel\u2019s potential valuation, staff has concerns about the message this may send to speculators and developers of Conservation District lands if the landowners are allowed to seek ATF authorizations for their unauthorized improvements.\u201d<\/p>\n\n\n\n

At the October 11 board meeting, the OCCL recommended imposing a maximum fine of $85,000 fine for the various unauthorized improvements. The office added that the Land Board could either require removal of the unauthorized modifications or allow the Silvas or a future owner to submit an application for an after-the-fact CDUP.<\/p>\n\n\n\n

OCCL administrator Michael Cain reported that in addition to ignoring Conservation District rules, the Silvas failed to obtain building permits from Hawai\u02bbi County. He noted that a county website describes the house on the property as still being 1,067 square feet.<\/p>\n\n\n\n

Judith Silva admitted that they had the additions made but asked the board to grant an after-the-fact permit and to reduce the fines. <\/p>\n\n\n\n

\u201cWe were told part of [the property] was Conservation, but I didn\u2019t know which part. We have 11 acres. \u2026 The structure was already there. We added where it was already flat. \u2026 To us, we didn\u2019t do any damage,\u201d she said.<\/p>\n\n\n\n

Board member Kaiwi Yoon, an architect, said he found it hard to believe the Silvas did not know where the Conservation District was. (Cain reported later that the entire property is within the Conservation District.) Yoon also did not understand how no building permits were ever applied for.<\/p>\n\n\n\n

\u201cI don\u2019t buy ignorance. To build anything anywhere, any state in the United States, you need a building permit. Before we get to the after-the-fact permit \u2026 you got some larger issues to deal with. Your house is a non-conforming structure. I\u2019m not sure how you want us to negotiate. In my mind, there is no negotiation. We have a non-compliant structure. \u2026 We cannot put ourselves in a legally untenable situation,\u201d he said.<\/p>\n\n\n\n

He continued, \u201cThere are building codes for a reason. \u2026 Should a storm come through, your house is toast. That\u2019s the problem. It\u2019s not the board or me trying to be unfair. This is a matter of life and safety.\u201d<\/p>\n\n\n\n

Board member Riley Smith, who represents the Big Island, made a motion to approve the fines and to require the removal of the unauthorized improvements. <\/p>\n\n\n\n

“I\u2019d like to add, I would ask when this decision is finalized, the county property tax office be informed of the numerous violations on this property,\u201d he said.<\/p>\n\n\n\n

Yoon seconded the motion.<\/p>\n\n\n\n

Before the board voted, Judith Silva asked, \u201cThere\u2019s no way we can make this legal?\u201d<\/p>\n\n\n\n

\u201cNeither of you are licensed in any building trade or field. No one is going to say, \u2018OK, looks good,\u2019 because they\u2019re liable. Then insurance companies are liable,\u201d Yoon said.<\/p>\n\n\n\n

Judith Silva then asked whether the board would consider cutting the fine in half.<\/p>\n\n\n\n

Cain then informed her that the OCCL\u2019s recommendation regarding removal of the unauthorized structures allowed the Silvas to \u201cuse your fines as credit against cost of removal.\u201d<\/p>\n\n\n\n

  After Smith\u2019s motion was amended to require monthly updates from the Silvas on compliance, the board approved it.<\/p>\n\n\n\n

\u2014 Teresa Dawson<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

On October 11, the state Board of Land and Natural Resources voted unanimously to fine Juan and Judith Silva $85,000 for unauthorized modifications to a single-family residence and placement of accessory structures within their 11.8-acre property in the Conservation District … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":16201,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,338,530],"tags":[3],"class_list":["post-16200","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-board-talk","category-land-use","category-november-2024","tag-teresa-dawson"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/16200","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16200"}],"version-history":[{"count":0,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/16200\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/media\/16201"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16200"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}