A popular North Shore business accused of illegally offering horseback rides and ATV tours is resisting orders from the county to shut down. 

North Shore Stables is in Waialua near Kaiaka Bay. It’s on agricultural land, which by law is intended for farming. Owner Adam Lee says he does use the property to grow crops and manage animals. But for the last two years, the business has also sold beachfront trail rides and four-wheeler tours.

The Honolulu Department of Planning and Permitting has issued multiple violation notices and finally issued notices of order — including fines — in mid-November. The department says the business must cease the horse rides and ATV tours and pay fines that have been accumulating at a rate of $500 a day.

Racquel Achiu, vice chair of the North Shore Neighborhood Board, said she and other community members are pleased to see the city take action to ensure agricultural land is used for its intended purpose.

“You’ve got ranchers and farmers working their fingers to the bone to be good stewards of the land,” said Achiu, a farmer herself. “Having these people come in and do those kinds of things … that cheats the system, and it’s unfair to those who work really hard to stay compliant.”

Adam Lee and Bronson Calpito, who have been operating North Shore Stables, aren’t giving up that easily.

While North Shore Stables will no longer offer horseback rides, Calpito just incorporated a new company – the Hawaii Horsemanship Academy – that is advertising lessons at the same Waialua address. Calpito did not respond to a request for comment.

And Lee said the ATV rides will continue. He is adamant that the business’ offerings are – and have been – in compliance with the law, and he said the permitting department is harassing him. 

“I’m going to appeal it, and I’m going to win,” he said. “I know the code better than them.”

What Can You Do With Ag Land?

The intent of a restricted agricultural district, called AG-1, is to “conserve and protect important agricultural lands,” according to the city’s land use law. 

To comply, the land must be used to “perpetuate the retention of these lands in the production of food, feed, forage, fiber crops and horticultural plants.” Farms can have additional operations on site to keep themselves afloat, the law says, but there are limits. 

“Agribusiness activities must always be accessory and incidental to the primary agricultural use of the lot,” the law states. 

The aim of the law is to preserve local farming, said Councilman Matt Weyer, who represents the North Shore.

“If a parcel is zoned agricultural, that’s supposed to be the main use for it,” Weyer said. “Given the misuse of land on Oahu, it’s really important that we preserve what’s out there.”

DPP has apparently determined North Shore Stables doesn’t meet the requirements, because the department has been issuing violation notices since just a few months after the business began in September 2021.

Lee says the department is wrong. He said he has “hundreds” of animals, including goats, sheep, pigs, cows and ducks. He also has an aquaculture operation that raises shrimp and tilapia, he said. According to Lee, city inspectors have never bothered to look at his operation.

“They should look at my feed bill of $5,000 a week and shut their mouths,” he said. 

Crops are also grown on the site, he said, including bananas, tomatoes, eggplant, lettuce and coconuts. And his team has made an effort to install native plants on the property’s shoreline, a project recognized by the Hawaii Tourism Authority’s Malama Hawaii program. 

“There is no way this is a fake farm,” Lee said. “This is the farthest thing from a fake farm you’ve ever seen.”

Lee declined to specify the scope of his agricultural activities. Other than saying he is a wholesaler for the seafood, he wouldn’t say how much he sells or to whom. And after laying off some 40 people who worked with the horses, Lee wouldn’t say how many employees are working the farm. 

“I’m not real into talking about the business of things,” he said. “I’d rather keep that in-house.”

Even if the horseback riding and ATVs were considered accessories to a main agricultural business, Achiu said Lee would still need a permit from DPP for the commercial activity. 

Again, Lee begs to differ. 

Having open land is a permissible use of agricultural land that doesn’t require a permit, Lee said.

“Open land” is defined as land that has no structures and is meant for recreation, including but not limited to “picnic grounds, beaches, beach accesses, greenways, and areas for hiking, fishing, hunting, and other scenic interests.” 

ATVs are not mentioned in the law, but Lee believes they qualify as open land recreation. 

“It’s obvious they don’t know what they’re talking about,” Lee said of DPP. 

There have already been several instances of DPP issuing Lee violation notices, only to rescind them later after Lee pushed back, records show. NOVs are considered warnings to fix problems within 30 days, at which time they can become notices of order, or NOO, that incur fines. But on more than one occasion, DPP has issued an NOV without following it up with an NOO, Lee said.

Now that an order has been issued, Lee said he is taking the matter to the Zoning Board of Appeals, which will schedule a hearing on his case. 

“I’m pono. I’m local. I’m born and raised here,” he said. “I’m doing permitted uses.”