LIHU'E, Kaua'i — The county may have failed to get proper permits for 15 pavilions being built along the coast from Ke'alia to Kapa'a, and at least one County Council member wants them torn down.

The pavilions are part of the county's plan for a unique $30 million, 16-mile coastal trail down the island's east-facing shore, slated eventually to run from Anahola south to Nawiliwili. The paved coastal path — much of it on old plantation roadbeds — will be limited to nonmotorized activities such as pedestrians, bicycles and horses.

But while the current phase of the pathway has its Shoreline Management Area permits, it may be that the pavilions do not, or may not, be properly included in the trail permit. Also, it is not clear they have been properly set back from the shoreline. Administration officials said they raised the question about permits internally and that county engineer Donald Fujimoto and planning director Ian Costa are discussing the issue.

"We fully intend to comply with the requirements of the SMA. If the rest stops are found not to be in compliance, we will take the necessary steps to remedy the situation," said a statement from Mayor Bryan Baptiste's office, in response to an Advertiser inquiry.

No work appeared to be under way on the unfinished pavilions yesterday, and several of them have been wrapped in orange netting to keep people out. Most have concrete foundations, concrete block posts, and framed roofs that do not yet have shingles on them. Some have completed picnic tables, while in others, the tables were still being built.

"I think the work has been halted until we can figure out the noncompliance issues," said Councilman Mel Rapozo.

County Council members said they are disappointed and embarrassed by the situation, particularly since only seven weeks ago they passed a resolution that established a county "zero-tolerance" policy for permit violations on coastal land. The pavilions were already under construction when the resolution was passed.

"I am livid. We just passed that resolution, and we had been told that an SMA permit had been approved," said Council member Shaylene Iseri-Carvalho.

She said she is also concerned that plans for the pavilions were not fully disclosed in public meetings. Her primary objections are that the money for the pavilions should have been spent to extend the trail instead, and also that they are unattractive. "Those things are really ugly to me. They are not what was represented, and it's my position that they should be torn down," she said.

Community activist Barbara Robeson said she was concerned when the construction started whether the pavilions, some of which are being constructed on coastal sand, are set back sufficiently from the water.

"I wondered whether they've done a shoreline certification and whether they are properly permitted. Government needs to follow the law just like anyone else," Robeson said.

The Kaua'i County Council on Aug. 16 passed its resolution discussing the problems with construction on the shoreline.

"Sandy beaches in Hawai'i are rapidly disappearing due to shoreline armoring, sand mining, destruction of sandy dunes and other incompatible development," the resolution said. It calls for zero tolerance and establishes a county policy that any buildings within the shoreline setback area "that are illegally built or illegally repaired be removed."

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.