A state Senate bill that would give fire and county building permitting inspectors the power to enter private property, with notice, to investigate possible violations of agriculture building codes “could be very helpful to us,” said the Maui County deputy planning director.

The bill, SB 689, which cleared the Senate Ways and Means Committee last week, is aimed at those who are abusing exemptions for nonresidential farm structures under 1,000 square feet from building permit requirements. The exempt structures are meant for agricultural uses only.

But when inspectors see granite countertops in these structures, “we know that there is abuse,” Michele Chouteau McLean, deputy planning director, said Monday.

“We have seen a lot of abuse,” she said.

There could be yoga studios or additional dwellings, which are not permitted farm structures, she said.

Inspectors currently only go onto properties to investigate a complaint with the permission of the property owner or tenant, McLean said. It is “rare” that the county goes to court to gain access to properties with alleged violations, she said.

The bill would give county fire department and building permitting agency officials “the implicit right to enter the property, upon reasonable notice to the owner or occupier, to investigate exempted agricultural buildings for violations.”

The Senate committee report noted that the permit exemptions for certain agricultural buildings are intended to encourage and support farming.

“Those not engaging in agricultural activities should not be allowed to improperly take advantage of these exemptions,” the report said. “Therefore, the counties need to be able to, upon reasonable notice to the owner or occupier, exercise their implicit right to investigate agricultural buildings that are exempt from the building permit and building code requirements.”

McLean did not know how often the county would invoke the power to go on private property with notice should the bill become law, but she did not think it would be used often. She noted that some property owners already give permission for access to their land.

Enforcement involves a “balancing” of curbing abuse and not making it too difficult or rigid for real farmers, she said. “How high a price do we pay” for enforcement is the question.

When a notice of warning of a zoning violation is issued, the alleged offender is given time to correct the violation, she said. Many notices lead to a resolving of the violation.

“Our first goal is to achieve compliance,” McLean said.

If there is violation, the initial fine is $1,000 with possible additional fines of $1,000 a day until the violation is resolved, she said.

McLean did see the authority to access properties as a possible deterrent to violations.

The measure has received the support of the state Department of Agriculture, the Hawaii Cattlemen’s Council and the Hawaii Farm Bureau.

Agriculture Board Chairman Scott Enright offered support for the bill, noting that exempt structures “are required to be ‘located on a commercial farm or ranch and are used for general agriculture or agricultural purposes.’

“If this fundamental requirement does not exist, the exempt agricultural building should not be permitted,” he testified.

* Lee Imada can be reached at leeimada@mauinews.com.