Hawaii -- Waipi`O Valley Treehouse Out On A Limb For Zoning

People shopping for a car or a new roof for their home are familiar with the "Let the Buyer Beware" warning.

Tourists who stray from the beaten path also might remember the refrain.

As it turns out, the Waipi`o Valley Treehouse that seems like a unique, idyllic place to stay on Hawaii's Big Island isn't completely legitimate. (The treehouse was featured in a Seattle Times Travel-section story on Sept. 7.)

According to the county Planning and Zoning Department, the treehouse property is supposed to be used for agriculture purposes only. Other uses - like vacation rentals - require special permits, which the treehouse lacks. Nor were its owners granted permits to build the treehouse or other ground-level rental houses on the land.

A year ago, the county Planning and Zoning office saw an ad for the Waipi`o Treehouse and directed property owner Linda Beech to shut down the vacation rentals.

"We've been getting reports she's open again. She wrote us a letter (that said) she's closed down and we accepted her word for it," the County of Hawaii zoning inspector said.

In a Sept. 7 travel story, I described my Waipi`o Valley adventures, including my stay at the funky treehouse. I was there in April. During a follow-up visit to the Valley in June, the treehouse, nestled in the open palm of a monkeypod tree, was still being rented. It was open in August when I phoned.

During my April stay, I thought it odd that water from the

kitchen sink cascaded, untreated, to the ground below. But, otherwise, I gave no thought to whether Beech was operating a squeaky-clean show. What vacationer peppers a host with questions about building permits or variances to the zoning code?

Hawaiian officials know bed and breakfasts - legal and otherwise - are multiplying around the island and passed a new zoning code that requires all existing B&Bs to submit paperwork needed to become legitimate. The amnesty period lasts until Sept. 30 (Tuesday). Coming clean also costs: the filing fee is $250 plus $20 a year for a business license.

That's just the beginning for the Waipi`o Valley Treehouse.

"Her problem is she can't legitimize those structures. They're not built to code," said the county zoning inspector. He asked to not be identified by name because office policy is for the director to be quoted by name. The director, on vacation until mid-October, was not available.

The buildings, plumbing and electrical systems on the property were never inspected by county building officials. In a fragile valley where wetlands acreage and taro farming still thrive, approved septic systems are crucial, he said.

Under the new code, the property owners must prove they've complied with all permits. Big Island property owners can be slapped with $100 daily fines for vacation rentals that don't have the permits. After each 90-day period, the fine rises by $100 per day, up to $500 a day. If the owner is not in compliance after a year, the department attaches a lien to the property.

For her part, Beech says she's "pedaling hard" trying to comply with the zoning rules and is optimistic the issues can be resolved. "This is all a minuet we're doing with the planning department," she said last week.

Meanwhile, she's still offering the treehouse for vacation rentals at $225 a day. The new twist is that visitors aren't there to simply rest and relax. They get an educational experience, learning about the cultural and historic importance of taro in the valley and helping to farm a new taro patch. The price tag is for the educational session - which includes lodging - not simply for lodging.

Asking a few tough questions of your host - and probably more importantly of your host's competitors - might save you from a similar morning-after ethical pickle.

The county zoning inspector admits the agency is in a bind when it tries to enforce its rules in remote locations like the valley, where the only way in is by four-wheel-drive vehicle or on foot.

"Until we close her down, I guess you can go there," he said. "(Tourists) have got to realize all of these facilities have not been approved by the county. You go at your own risk."