Bolthole Index

Kauai County, Hawaii

Building permits, zoning and septic rules in Kauai County, Hawaii

62Index Score / 100
#1 of 5 in Hawaii

Kauai County, Hawaii requires a building permit for typical home construction, and the Planning Department administers zoning countywide1,2. Septic systems, called individual wastewater systems, require approval from the Hawaii Department of Health rather than the county3. Building-permit fees depend on project valuation, with a separate plan-review charge4.

Do you need a building permit in Kauai County, Hawaii?

Yes.

Yes. Kauai County requires a building permit for typical single-family residential construction, with a completed Building Division application and contractor's statement1. The County adopted the 2018 International Building Code, Residential Code, Existing Building Code and Energy Conservation Code, with local amendments, in 20249. Applicants begin online or with a paper application and generally submit a zoning permit application at the same time1,10. Building-permit fees follow a valuation schedule, and the nonrefundable plan-review fee is 15% of the building fee4. Starting work without approval can trigger an investigation fee, while after-the-fact building and plan-review fees are doubled4.

Who is the Kauai County building department, and how do you reach them?

The County of Kauai Department of Public Works Building Division is at 4444 Rice Street, Lihue, HI 96766, and its building inspection line is (808) 241-4872.

The County of Kauai Department of Public Works Building Division is at 4444 Rice Street, Lihue, HI 96766, and its building inspection line is (808) 241-48729. Put the correct Tax Map Key on the application and submit the separate zoning permit application to the Planning Department10. The County can issue a building, electrical or plumbing permit to an owner-builder who provides the required statement about contractor licensing or exemption, but the state exemption remains conditional1. An owner-builder must register, supervise the work, use properly licensed trades where required and generally cannot offer the property for sale or lease within one year after completion11. The licensing exemption does not waive building permits or inspections12.

Does Kauai County have zoning?

Yes.

Yes. The Planning Department's Regulatory Permit Division administers zoning throughout Kauai County and tells applicants whether a zoning, use, variance, special or Special Management Area permit is required2. For a single-family home in residential zoning, the published minimums are 10 feet at the front and rear and 5 feet or half the wall height at the side, whichever is greater; building separation varies with orientation13. Residential subdivision lots average at least 6,000 square feet, no individual lot may be under 4,500 square feet, and no more than 20% of the lots may be below 6,000 square feet14. Residential homes generally have a 30-foot roof limit and a 20-foot wall-plate limit14. From Haena to Princeville, the roof limit is 25 feet, subject to flood-hazard variation15. Subdivision is regulated countywide16.

How do septic and wastewater permits work in Kauai County?

Individual wastewater systems, Hawaii's term for septic systems, are permitted by the State of Hawaii Department of Health's Wastewater Branch through the Kauai District Health Office, not by the county.

Individual wastewater systems, Hawaii's term for septic systems, are permitted by the State of Hawaii Department of Health's Wastewater Branch through the Kauai District Health Office, not by the county3,17. A Hawaii-licensed civil engineer must prepare the plans, and a new system carries a $100 state filing fee18. After construction, the engineer must file a final inspection report within 30 days, and the system cannot be used until the director authorizes it in writing18. If public wastewater service is available, the property must connect and abandon its individual system19. Only 8.2% of Kauai County soils rate favorably for a conventional drain field, so obtain the engineer's site evaluation before finalizing a house site7. A qualifying agricultural building exemption does not waive wastewater compliance20.

Can you live in an RV or tiny home on your land in Kauai County?

Kauai County limits a recreational trailer used as a temporary dwelling to travel, recreation or vacation under applicable camping and land-use rules; otherwise, an RV cannot be used for human habitation.

Kauai County limits a recreational trailer used as a temporary dwelling to travel, recreation or vacation under applicable camping and land-use rules; otherwise, an RV cannot be used for human habitation6,21. A factory-built or trailer home can be a dwelling where its use district permits, but it must meet district standards, be permanently affixed, have its wheels and axles removed and receive a separate building permit and certificate of approval21. Kauai County defines a tiny house as a dwelling of 500 square feet or less, excluding lofts, and applies its adopted residential-code appendix for tiny-house construction8. Tiny-house occupancy is conditional, not unrestricted: zoning, building, wastewater, fire and utility rules still apply8. Ask the Planning Department to confirm the parcel's use district before treating either option as buildable2.

Building a home in Kauai County: the steps, in order

Ask the Planning Department to confirm the zoning district, setbacks, height, allowed use and any special-area review.

  1. Ask the Planning Department to confirm the zoning district, setbacks, height, allowed use and any special-area review2.
  2. Decide whether to hire a licensed contractor or register for the conditional owner-builder exemption11.
  3. Complete the building-permit application and contractor's statement, and submit the zoning application with the correct Tax Map Key10.
  4. Have a Hawaii-licensed civil engineer design the individual wastewater system, or confirm the required public-sewer connection18,19.
  5. Apply to the State Commission on Water Resource Management if the project needs a well22.
  6. Obtain a driveway approach permit before connecting to a county street5.
  7. Budget for the valuation-based building fee and separate plan-review fee4.
  8. Schedule required inspections and obtain the certificate of occupancy before using the home23.

What to check before you buy land in Kauai County

Confirm the zoning district before judging acreage: in the Agriculture District, one dwelling is generally allowed on a parcel of at least 1 acre, with one more dwelling per additional 3 acres; older sub-acre parcels have a limited exception.

Confirm the zoning district before judging acreage: in the Agriculture District, one dwelling is generally allowed on a parcel of at least 1 acre, with one more dwelling per additional 3 acres; older sub-acre parcels have a limited exception24. Only 8.2% of Kauai County soils rate favorably for a conventional drain field, so get an engineer's site evaluation early7. Covered flood-prone projects need County Engineer approval before building, occupancy or grading permits or subdivision approval can issue25. A qualifying nonresidential farm structure may be exempt from a building permit, but a dwelling is not; notice, acreage, size, floodplain, electrical, plumbing and wastewater conditions remain20. A driveway connection to a county street also needs approval before construction5.

Watch-outs

  • Kauai County does not allow any short-term rental of a room or a home for less than 180 days outside the Visitor Destination Area, which matters if you're counting on rental income from the property26.
  • A recreational trailer is limited to temporary travel, recreation or vacation use and generally cannot become a homesite; ask Planning before relying on one during construction2,6.
  • New cesspools are prohibited for new buildings statewide, and all existing cesspools must be upgraded by 2050, so don't plan a new home around a cesspool18.

Sources

26 official pages, each quoted and re-checked · written October 7, 2026

  1. Article 1: General Provisions - Kaua'i County, HI
  2. Zoning and Land Use Permits
  3. Kauai District Health Office - Wastewater FAQs (2026 county census)
  4. Article 1: General Provisions — Kaua'i County Building Code
  5. kauai.gov
  6. Article 1: General Provisions - Kaua'i County, HI
  7. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  8. Article 1: General Provisions — Kaua'i County Comprehensive Zoning Ordinance
  9. Building Division
  10. Building Permit Guide
  11. Hawaii Revised Statutes §444-2.5, Owner-builder exemption (Hawaii statewide rule)
  12. Hawaii Revised Statutes §444-9.1, Issuance of building permits; owner-builder registration (Hawaii statewide rule)
  13. Residential Zoning Requirements, County of Kauai
  14. Article 4: Residential Districts (R)
  15. kauai.gov
  16. Article 1: General Provisions, Chapter 9 Subdivision Ordinance
  17. Wastewater Branch – Kauai District Health Office
  18. Wastewater FAQs – Kauai District Health Office
  19. Building Permit Requirements
  20. Hawaii Revised Statutes §46-88, Agricultural buildings and structures; exemptions from building permit and building code requirements
  21. Article 1: General Provisions - Kaua'i County, HI
  22. Applications & Forms – Commission on Water Resource Management
  23. Article 1: General Provisions — Kaua'i County Building Code
  24. Article 8: Agriculture Districts (A), Kaua'i County Code
  25. Article 1 Floodplain Management, Kaua'i County Code
  26. Transient Vacation Rentals

Written October 7, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Found land here? Start a Property Hunt →

Compared with neighboring counties

Like all 4 of its neighbors, Kauai County has countywide zoning.

RuleKauai CountyHonolulu CountyKalawao CountyMaui CountyHawaii County
Building permitRequiredRequiredLimitedRequiredRequired
County zoningYesYesYesYesYes
Septic permitsHI State Dept. of HealthHI State Dept. of HealthHI Dept. of HealthHI State Dept. of HealthHI State Dept. of Health

County locator

Kauai County in Hawaii

62
County map
Kauai County highlighted among the Hawaii counties · colored by Index score

How Kauai County scores

62 / 100 · #1 of 5 in Hawaii · six factors, land price, tax, rain and climate

Seclusion70100% ev.
Self-Sufficiency5662% ev.
Admin Boringness40100% ev.
Durability5793% ev.
Property Autonomy41100% ev.
Carry Cost45100% ev.

Evidence strength: 90%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$1025kTypical home
0.2%Property tax
$13,236Land / acre
3.6% of yrsSevere drought
0 / yr (+0)Mid-century 100°F days
1.08×Wildfire change factor
80%Forward climate coverage
$2,293Home insurance / yr
1.8% / yrInsurance growth
0.12%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
44,591Radius comparison (15 mi)
119.1People / sq mi
1%Federal land
29.5%Land at 15% slope or less
8.2%Soils rated "not limited" for septic (strict USDA rating)
32,008 acWorkable land screen
65.1%Wooded land

Scout Kauai County

Camp here before you commitBook a few nights nearby on Hipcamp →Already own land here?Earn money hosting campers — get $100 when you become a Hipcamp host →

Some links are affiliate or referral links — we may earn a commission, at no cost to you.

Property hunt

Find land. Bring the promising ones back.

Search live inventory elsewhere, then cost and vet each candidate here. No copied listings, account, or paid data feed.

Each button opens a current land search for Kauai County. Listing sites control their own results and filters.

Sell land in Kauai County? Be the only seller on this page →

Analyze a property
Add setup-cost allowances

Use rough quotes or placeholders. Blank fields count as $0.

Working estimate

—land + entered setup costs
Asking $ / acre
—
Setup allowance
—
All-in $ / acre
—

A planning estimate, not a valuation or contractor quote. The USDA benchmark includes farm land and buildings; it is context, not a parcel comp.

Before an offer

Parcel due diligence

0/8 checked

Saved properties and checklist progress stay on this device. Bolthole Index does not receive them.

Answers from the rulebook for Kauai County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Kauai County rules

  • Building permitRequired

    Erecting, constructing, enlarging, repairing, moving, altering, improving, removing, converting, or demolishing a building or structure in Kauai County.

    • A separate building permit is required for each building or structure.
    • The code separately exempts specified work, including one-story detached accessory buildings not exceeding 300 square feet when applicable zoning, floodplain, and Department of Health requirements are met; fences and certain other listed work; and other enumerated exceptions.
    • All other governmental agency codes and laws must be complied with for exempt work.

    maximum floor area for specified exempt accessory buildings: <= 300 square feet (Only for one-story detached accessory buildings used as tool and storage sheds, playhouses, animal shelters, green houses, trash enclosures and similar uses, subject to stated code and agency requirements.)

    “105.1 Required. No person, firm or corporation shall erect, construct, enlarge, repair, move, alter, improve, remove, convert, or demolish any building or structure in the County of Kaua'i, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building official.”
  • Owner-builder exemptionConditional

    Applicants seeking to perform building, electrical, or plumbing work in Kauai County under the licensure or exemption provisions of HRS Chapter 444.

    • A building, electrical, or plumbing permit may be issued for work under Chapter 444, Hawai'i Revised Statutes.
    • The applicant must provide a statement concerning licensure or exemption in accordance with Chapter 444.
    • The cited county provision does not itself state the full owner-builder eligibility conditions, restrictions on electrical or plumbing work, registration requirements, or sale/lease restrictions; those conditions remain governed by Chapter 444.
    “105.3.1 Issuance of permits. A building, electrical, or plumbing permit may be issued to an applicant to perform the work under Chapter 444, Hawai'i Revised Statutes. The applicant shall provide a statement concerning licensure or exemption in accordance with Chapter 444, Hawai'i Revised Statutes.”
  • Building code adoptedAdopted (with conditions)

    Building-code requirements administered by the Kauai County Building Division.

    • The adopted codes include local amendments.
    • Ordinance No. 1163, Bill No. 2926, Draft 1 was adopted on October 10, 2024.

    International Building Code edition: 2018 (with local amendments) · International Residential Code edition: 2018 (with local amendments) · International Existing Building Code edition: 2018 (with local amendments) · International Energy Conservation Code edition: 2018 (with local amendments)

    “Ordinance No. 1163, Bill No. 2926, Draft 1 was adopted on October 10. 2024. This ordinance adopted the 2018 International Building Code, 2018 International Residential Code, 2018 International Existing Building Code, and 2018 International Energy Conservation Code with local amendments.”
  • InspectionsRequired

    Construction or work for which a Kauai County building permit is required.

    • The work must remain visible and accessible for inspection until approved.
    • The owner or authorized agent must keep the work accessible for inspection.
    • The building official may require additional inspections to determine compliance.
    • The permit holder or authorized agent must notify the building official when work is ready.
    • Inspection requests may be required at least two working days in advance.
    • A reinspection fee of $50 may be assessed for each additional inspection, and no further inspection will occur until assessed fees are paid.

    inspection request lead time: >= 2 working days (The building official may require this advance notice.) · reinspection fee: 50 USD per additional inspection (May be assessed when the work is incomplete, corrections are not made, access is unavailable, plans are unavailable, or work deviates from approved plans.)

    “110.3 Required inspections. The building official, upon notification from the holder of the building permit or their duly authorized agent, shall make the following inspections set forth in Sections 110.3.1 through 110.3.11 and shall either approve that portion of the construction as completed or shall notify the holder of the building permit or duly authorized agent if the same fails to comply.”
  • Certificate of occupancyRequired

    Use or occupancy of a building or structure, or a change of occupancy, under the Kauai County Building Code.

    • A certificate of occupancy must be issued before use or occupancy or a change of occupancy.
    • Certificates of occupancy are not required for work exempt from permits under Section 105.2.
    • Certificates of occupancy are not required for Group U occupancies.
    • The building official has discretion to issue a certificate of inspection instead of a certificate of occupancy.
    • The certificate does not approve violations of the code or other ordinances.
    “111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein.”
  • County-wide zoningPresent (with conditions)

    County land-use regulation administered by the Kauai County Planning Department.

    • The Regulatory Permit Division administers zoning and special management area rules and regulations controlling land use in Kauai County.
    • Applicable projects may require zoning, use, variance, special, or Special Management Area permits.
    • Applicants must consult the Comprehensive Zoning Ordinance and Planning Department staff to verify the required permit.
    “The Regulatory Permit Division administers the zoning and special management area rules and regulations that control land use in Kauai County.”
  • Local zoningPresent

    County zoning and related land-use regulation controlling land use and development projects in Kauai County.

    • The County's Regulatory Permit Division administers the zoning rules and regulations.
    • Project applicants must consult the Comprehensive Zoning Ordinance and Planning Department staff to verify which permit application is required.
    • The page lists zoning permits, use permits, variance permits, special permits, and Special Management Area permits; additional forms may be required.
    “The Regulatory Permit Division administers the zoning and special management area rules and regulations that control land use in Kauai County.”
  • Zoning districtsPublished (with conditions)

    Kauai County regulatory zoning designations and special-planning-area overlays shown in the County Planning Department GIS zoning service

    • The GIS legend publishes district designations including A, C-G, C-N, I-G, I-L, O, PC, P-D, R-1, R-2, R-4, R-6, R-8, R-10, R-15, R-20, RR, SPA-A, ST-C, ST-R, and UNV, along with overlay combinations.
    • The GIS legend identifies the service as requiring the Planning Department for interpretation; parcel-specific zoning confirmation may require the Planning Department or a survey.
    “Zoning (0) SEE PLANNING DEPT A A/ST-CE C-G C-G/P-D C-G/ST-P C-N C-N/P-D C-N/ST-P CON I-G I-G/ST-P I-L O O/P-D O/ST-C O/ST-CE O/ST-O O/ST-P O/ST-R O/ST-P/ST-C O/ST-R/ST-C PC P-D PD-C P-D/ST-C P-D/ST-CE R-1 R-1/ST-P R-2 R-2/P-D R-2/ST-CE R-4 R-4/ST-CE R-4/ST-P R-6 R-6/P-D R-6/ST-P R-8 R-10 R-10/P-D R-10/ST-CE R-10/ST-P R-15 R-20 RR RR-1 RR-1/ST-C RR-4 RR-10 RR-20 SPA-A ST-C ST-R UNV”
  • Minimum lot sizeSpecified

    Residential District subdivision creating lots for single-family detached dwellings.

    • Subject to the density and acreage limitations of the particular Residential Density District.
    • No lot may be less than 4,500 square feet.
    • No more than 20% of proposed subdivision lots may be less than 6,000 square feet.

    minimum average lot area: >= 6000 square feet · minimum individual lot area: >= 4500 square feet · maximum share of lots below 6000 square feet: <= 20 percent

    “The minimum average lot area shall be 6,000 square feet;”
    2 more reviewed findings on this topic
    • District specific (with conditions) — Subdivision in the County Open District, including parcels in State Land Use Commission Urban, Rural, and Agricultural areas.
      “No parcel or lot shall be created which is less than three acres in size within an area designated as "Urban" or "Rural" by the State Land Use Commission, or less than five acres in size within an area designated as "Agriculture" by the State Land Use Commission, except within an "Urban" area a lot or parcel may be created which is one acre or more in size if the existing average slope of the lot or parcel thus created is no greater than 10%.”
    • Specified — Residential development in Kauai County Agriculture Districts.
      “Permitted residential densities shall be calculated as follows: (1) One dwelling unit for each parcel one acre or larger. (2) One additional dwelling unit for each additional three acres in the same parcel, provided that no more than five dwelling units may be developed on any one parcel. (3) A parcel or contiguous parcels in common ownership of record existing prior to or on September 1, 1972, which is smaller than one acre, may develop one dwelling unit.”
  • SetbacksSpecified

    Single-family residential development in Kauai County residential zoning, including subdivision-created lots where the CZO incorporates these standards.

    • Front setback is measured from the right-of-way line of a public thoroughfare, the property line of a private street, or the pavement line of a driveway or parking lot serving more than three dwelling units.
    • Rear and side setbacks increase when one-half of the relevant building-wall height exceeds five feet.
    • Eaves, roof overhangs, and appurtenances are limited within setbacks; balconies, overhead walkways, decks, carports, and other above-ground human-occupancy spaces may not penetrate setbacks.
    • Accessory buildings and garden or service shelters meeting the stated height, area, and rear-property-line limits may be built without setback.
    • Greater setbacks may be required as a zoning-permit condition for topographic, drainage, sun-exposure, or privacy conditions.

    front setback: >= 10 feet · rear setback: >= 5 feet (One-half the total height of the building wall nearest the rear property line, whichever is greater.) · side setback: >= 5 feet (One-half the total height of the highest building wall from ground level nearest the property line, whichever is greater.) · minimum distance between structures: >= 10 feet

    “Front setback: No structure, including but not limited to garages, carport, decks above grade, and accessory or storage structures may be closer than 10 feet to the right-of-way line of a public thoroughfare or the property line of a private street or the pavement line of a driveway or parking lot serving more than three dwelling units.”
    One more reviewed finding on this topic
    • Specified — Construction of a single-family residence in Kauai County residential zoning.
      “Building setbacks from property lines conforming to the following minimum standards: . Front... ..................... 10 feet; Side .......................... 5 feet or 1/2 the wall height, whichever is greater (check also with State Health Dept.); • Rear......................... 10 feet.”
  • Lot coverageSpecified

    Residential zoning districts in Kauai County.

    • R-1 through R-6 districts have a 60% maximum including buildings and pavement.
    • R-10 has an 80% maximum.
    • R-20 has a 90% maximum.
    • For multiple-family subdivision lots, coverage including buildings and pavement may not exceed 50%, except separate common parking or community-use lots or parcels.

    maximum land coverage in R-1 through R-6: <= 60 percent of lot or parcel area · maximum land coverage in R-10: <= 80 percent of lot or parcel area · maximum land coverage in R-20: <= 90 percent of lot or parcel area · maximum coverage for multiple-family subdivision lots: <= 50 percent of lot or parcel area (Does not apply to separate lots or parcels used in common for parking or other community uses.)

    “The amount of land coverage created for R-1 to R-6 Zoning Districts including buildings and pavement, shall not exceed 60% of the lot or parcel area. Land coverage for the R-10 Zoning District shall not exceed 80% and land coverage for the R-20 Zoning District shall not exceed 90%.”
    One more reviewed finding on this topic
    • Specified — Construction of a single-family residence in Kauai County residential zoning.
      “The ground covered by buildings, paved areas, sidewalks, and ground floor decks cannot exceed 50% of the total lot area.”
  • Building heightSpecified

    Residential development in Kauai County Residential Districts.

    • Single-family detached and attached dwellings and accessory structures are limited to two stories above and one story below finished grade at the main entry.
    • Finished grade at the main entry may not be elevated more than 4 feet from existing grade.
    • A loft counts as a story except when the dwelling is constructed in a floodplain area.
    • Lower minimums may be imposed by zoning-permit condition for topographic, light-and-air, privacy, or architectural conditions of adjacent development or uses.
    • Multiple-family buildings, hotels, and motels have separate four-story and 40-foot wall-plate limits, plus relative-height and gable/roof restrictions.
    • Floodplain rules may impose different or additional controls.

    maximum wall-plate height, single-family or accessory structure: <= 20 feet (measured from finished grade at main entry to highest exterior wall plate line) · maximum roof height, single-family or accessory structure: <= 30 feet (measured from finished grade at main entry to highest point of roof) · maximum stories, single-family or accessory structure: <= 2 stories above finished grade (one story below is allowed; loft treatment differs in floodplain) · maximum wall-plate height, multiple-family/hotel/motel: <= 40 feet (measured from finished grade at each point to highest wall plate line)

    “over 30 feet to the highest point of the roof”
    3 more reviewed findings on this topic
    • Specified — Single-family residences in Kauai County residential zoning outside the specifically identified North Shore area.
      “Ground to peak of roof *30 ft. maximum Sec. 3.017B of Ground to wall plate line 20 ft. maximum CZO, Ord. No. 164 [...] *May vary in flood hazard zones.”
    • Specified — Single-family residences in the North Shore of Kauai, identified by the source as Haena to Princeville.
      “For North Shore of Kauai (Haena to Princeville) Ground to peak of roof *25 ft. maximum Sec. 3.041 Ground to wall plate line 20 ft. maximum Ord. No 239 *May vary in flood hazard zones.”
    • Specified — Construction of a single-family residence in the North Shore of Kauai from Haena to Princeville.
      “For North Shore of Kauai (Haena to Princeville) Ground to peak of roof *25 ft. maximum Sec. 3.041 Ground to wall plate line 20 ft. maximum Ord. No 239 *May vary in flood hazard zones.”
  • Living in an RVTemporary only (with conditions)

    Recreational trailers and recreational vehicles used for human habitation or occupancy within Kauai County.

    • Recreational trailers may be used as temporary dwellings only for travel, recreational, or vacation purposes.
    • Use must comply with Chapter 16 (Recreational Trailer Camps) of Title 11, Administrative Rules, Department of Health, State of Hawaii, or other applicable state or county laws, ordinances, or rules concerning public or private lands, parks, or campgrounds.
    • Except as provided in the ordinance, no recreational trailer may be used as a dwelling or building for human habitation or occupancy.
    “Except as provided herein, no recreational trailer shall be used as a dwelling or building for the purpose of human habitation or occupancy.”
    2 more reviewed findings on this topic
    • Temporary only (with conditions) — Recreational trailers used for human habitation or occupancy in Kauai County.
      “Except as provided herein, no recreational trailer shall be used as a dwelling or building for the purpose of human habitation or occupancy.”
    • Temporary only (with conditions) — Use of recreational trailers or RVs as dwellings or for human habitation or occupancy within Kauai County.
      “Recreational trailers may be used as temporary dwellings for travel, recreational or vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps) of Title 11, Administrative Rules, Department of Health, State of Hawai'i, or any other State or County laws, ordinances or rules relating to the use of public or private lands, parks or campgrounds for camping or recreational purposes. Except as provided herein, no recreational trailer shall be used as a dwelling or building for the purpose of human habitation or occupancy.”
  • Camping on your landAllowed (with conditions)

    Campsites, recreation vehicle parks, day-use picnic areas, undeveloped campgrounds, and private recreation areas in the North Shore Development Plan area when intended for persons other than landowners and their guests.

    • A use permit is required.
    • A use permit cannot be issued for such a facility on a parcel in the State Land Use Commission Urban District that is smaller than one acre.
    • Where permitted, the use must have adequate sanitary and domestic water facilities as determined by the Department of Public Works, Water Department, and Health Department.
    • Commercial recreational uses or facilities in a residential district may not increase ambient noise levels of neighboring residential areas.
    • Issuance and renewal of the use permit requires a public hearing.
    • The use permit is valid for one year.

    minimum parcel size in State Land Use Commission Urban District: < 1 acre (A use permit shall not be issued for the facility if the parcel is smaller than one acre.) · use permit validity: 1 year

    “A use permit shall be required for the development of any campsite, recreation vehicle park, day use picnic area, undeveloped campground, or private recreation area intended for the use of persons other than the owners of the lands upon which such facilities are located and their guests.”
  • Tiny homesAllowed (with conditions)

    Construction and occupancy of a county-defined Tiny House or qualifying factory-built housing/trailer home in Kauai County zoning districts

    • For construction of a Tiny House, Kauai County incorporates the 2018 International Residential Code Appendix Q, subject to the county amendment defining a Tiny House as a dwelling of 500 square feet or less excluding lofts.
    • Factory-built housing or trailer homes must meet all applicable development standards, density limitations, and other requirements of the particular Use District.
    • Factory-built housing or trailer homes must be permanently affixed to the ground.
    • Factory-built housing or trailer homes must have their wheels and axles removed, if any.
    • If licensed under HRS Chapter 249, factory-built housing or trailer homes must be registered as a stored vehicle under HRS § 249-5.
    • Factory-built housing or trailer homes must meet Chapter 12 Building Code § 12-4.4 standards and all other applicable governmental rules, regulations, ordinances, statutes, and laws.
    • The Chapter 12 Tiny House amendment was adopted by Ordinance 1163 on October 10, 2024.
    • The cited Chapter 8 provision does not establish unrestricted occupancy; zoning, building, wastewater, fire, and other applicable requirements remain applicable.

    maximum tiny house floor area excluding lofts: <= 500 square feet (The definition states that total floor area is measured as the sum of horizontal areas of each floor and includes enclosed attached accessory structures; unenclosed attached structures are excluded.)

    “Nothing in this Chapter shall prohibit the use of factory-built housing or trailer homes as permitted dwellings, buildings, or structures for the purpose of human habitation or occupancy within the various Use Districts provided that all such factory-built housing and trailer homes must first:”
  • Manufactured homesAllowed (with conditions)

    Factory-built housing and trailer homes used as permitted dwellings, buildings, or structures for human habitation or occupancy within Kauai County use districts.

    • The housing or trailer home must meet all applicable development standards, density limitations, and other requirements for the particular use district.
    • It must be permanently affixed to the ground.
    • Its wheels and axles, if any, must be removed.
    • If licensed under Hawai'i Revised Statutes Chapter 249, it must be registered as a stored vehicle under Hawai'i Revised Statutes § 249-5.
    • It must meet the standards and requirements of Kauai County Code Chapter 12, § 12-4.4.
    • It must meet all other applicable governmental rules, regulations, ordinances, statutes, and laws.
    • The county zoning and building-code provisions also require compliance with applicable installation and permitting requirements.
    “Nothing in this Chapter shall prohibit the use of factory-built housing or trailer homes as permitted dwellings, buildings, or structures for the purpose of human habitation or occupancy within the various Use Districts”
    One more reviewed finding on this topic
    • Allowed (with conditions) — Factory-built housing and trailer homes used as permitted dwellings, buildings, or structures for human habitation or occupancy within Kauai County use districts.
      “Nothing in this Chapter shall prohibit the use of factory-built housing or trailer homes as permitted dwellings, buildings, or structures”
  • Accessory dwellingsAllowed (with conditions)

    One additional single-family dwelling unit, attached or detached, on qualifying residentially zoned lots in Kauai County, and additional single-family or farm dwellings on qualifying non-residentially zoned lots.

    • For a residentially zoned lot where only one single-family residential dwelling is permitted, one additional attached or detached single-family dwelling unit may be developed.
    • All applicable County requirements and residential zoning standards must be met, including building height, setbacks, maximum lot coverage, parking, and floor-area requirements.
    • The provision does not apply where project, multifamily, or similar development would exceed the density otherwise allowed in the zoning district.
    • Public sewer, an approved individual wastewater system or cesspool, or an approved private sanitary sewer system must be adequate; sewer availability must be confirmed in writing by the applicable agency.
    • Water availability must be confirmed in writing by the Department of Water.
    • Written approval from the Kauai Fire Department is required for all parcels.
    • Facilities clearance must be submitted with the Building Permit application, and private covenants or deed restrictions may prohibit the additional unit.
    • Guest-house allowances remain governed by § 8-1.4(i), and Chapter 22 § 22-28 may limit or prohibit additional dwelling units on residential lots.

    additional dwelling units per qualifying residential lot: 1 unit (subject to zoning, density, infrastructure, fire, permit, and private-covenant restrictions)

    “Notwithstanding other provisions to the contrary, for any residentially zoned lot where only one (1) single-family residential dwelling is permitted, one (1) additional single-family residential dwelling unit (attached or detached) may be developed, provided: All applicable County requirements, not inconsistent with Section 46-4(c), Hawai'i Revised Statutes and the County's zoning provisions applicable to residential use are met, including, but not limited to, building height, setback, maximum lot coverage, parking, and floor area requirements.”
  • Mandatory utility hookupSewer (with conditions)

    Properties in Kauai County where public wastewater service is available.

    • A sewer connection permit is required.
    • The applicable sewer connection fee and wastewater treatment capacity assessment fee must be paid.
    • Any existing individual wastewater system must be abandoned when public wastewater service is available.
    • Clean water such as air-conditioning condensate and storm/stone-water drains may not be connected to the public sewer.
    • Non-standard wastes or chemicals require Division approval or an alternative disposal method.
    • Grease traps are required for commercial kitchens.
    • Oil and grit separators are required for vehicle or equipment wash-down areas.
    “Property that has public wastewater service available to it shall connect to the public wastewater system and abandon any existing individual wastewater system.”
  • Subdividing landRegulated (with conditions)

    Subdivision of land within Kauai County.

    • Chapter 9 applies to all subdivisions or parts of subdivisions made of land within Kauai County, including preliminary maps, construction plans, final maps, improvements, and dedications.
    • The chapter's provisions do not apply to a proposed subdivision whose preliminary map was approved before July 3, 1973 if the final map was approved and recorded within one year after the ordinance's effective date.
    • Pending preliminary maps and construction plans without preliminary approval on July 3, 1973 are subject to the stated transition rule for street rights-of-way and pavement widths.
    • Chapter 9 requirements and the Comprehensive Zoning Ordinance both apply to subdivisions made after July 3, 1973.

    ordinance applicability date: 1973-07-03 (historical transition exceptions stated in KCC § 9-1.2)

    “This Chapter applies to all subdivisions or parts of subdivisions made of land within the County of Kaua'i”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision and land-division activity administered by the Kauai County Planning Department, including projects within South Kauai Special Planning Areas.
      “The County regulates land use through the Comprehensive Zoning Ordinance and other ordinances and rules. (a) Land use regulations consist of development standards, application procedures, and criteria for granting permits or other approvals. They include but are not limited to the following: 1. Comprehensive Zoning Ordinance 2. Subdivision Ordinance”
  • Driveway accessRequired

    Construction of a driveway approach between a Kauai County street pavement and abutting property for motor-vehicle ingress or egress

    • A Driveway Approach Permit is required before construction.
    • The County defines a driveway approach as the area, construction, or facility between street pavement and abutting property used by motor vehicles for ingress and egress.
    “Before constructing any driveway approach, a Driveway Approach Permit is required.”
  • Building in a floodplainRequired

    All proposed construction or other development in Kauai County, including building permits, certificates of occupancy, grading permits, subdivision approvals, and use, zoning, and shoreline management area permits, where the project may be within flood-prone areas covered by the County floodplain ordinance.

    • The ordinance applies to all areas of special flood hazards identified in the FEMA Flood Insurance Study for Kauai County dated February 26, 2021, with accompanying Flood Insurance Rate Maps and subsequent revisions and amendments.
    • The ordinance also applies to lands outside identified special flood hazard areas that encompass or are adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the County Engineer to be subject to special flood hazards.
    • No building permit, certificate of occupancy, or grading permit may be issued, and no subdivision may be approved, without approval of the County Engineer or authorized representative for compliance with the floodplain ordinance.
    • Construction and improvements must also comply with the Comprehensive Zoning Ordinance, Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance, and Sediment and Erosion Control Ordinance.
    • The ordinance's flood-loss provisions take precedence over less restrictive conflicting laws, ordinances, and regulations.
    • In flood fringe areas identified as AE, AO, and AH zones, new construction, repetitive-loss structures, and substantial improvements must be anchored, use flood-resistant materials and methods, and protect utilities from floodwater.
    • Residential new construction, repetitive-loss structures, and substantial improvements in A1-30, AE, AO, and AH zones must elevate the lowest floor, including basements, to or above base flood level; nonresidential structures must either elevate to or above base flood elevation or be floodproofed.
    • Manufactured homes must be installed on a permanent foundation and have their lowest floors elevated to or above base flood elevation plus one foot.
    • A certificate of occupancy is required before new construction or substantial improvement in a special flood hazard area may be used or occupied.
    • The 2021 amendments to the article took effect on February 10, 2021.

    covered flood study date: 2021-02-26 (FEMA Flood Insurance Study for Kauai County, including subsequent revisions and amendments) · substantial damage threshold: >= 50 percent of pre-damage market value (County floodplain ordinance definition) · manufactured-home elevation: >= 1 foot above base flood elevation (Lowest floor requirement) · ordinance amendment effective date: 2021-02-10

    “Permits for all proposed construction or other development in the County [...] are required”
  • Short-term rentalsLimited

    Short-term rental of a room within a home or an entire home for fewer than 180 days in Kauai County

    • Outside the Visitor Destination Area, a short-term rental of a room within a home or a home for fewer than 180 days is not permitted and cannot be applied for.
    • The limitation does not apply to properties within the Visitor Destination Area (VDA).
    • The County page also states that facilities not listed in the approved Homestays and Non-Conforming TVRs list should not be in operation.
    • Late renewal has no grace period; the County states that a Cease & Desist and Notice of Forfeiture will be issued for failure to renew.

    rental duration: < 180 days (The stated limitation does not apply within the Visitor Destination Area (VDA).)

    “Any short term rental of a room within a home, or a home, less than 180 days is not permitted, nor can it be applied for. This limitation does not apply for properties within the Visitor Destination Area (VDA)”
  • Permit feesPublished

    County building permit issuance and related plan-review fees in Kauai County

    • Building permit fees are computed from total estimated valuation of work under Table 1-A.
    • A building plan review fee is 15 percent of the building fee established from Table 1-A, rounded to the nearest dollar, based on preliminary estimated valuation; plan review fees are non-refundable.
    • After a building permit is issued, an additional plan review fee not greater than the original may be charged for new or revised plans or data; additional plan review fees are non-refundable.
    • An investigation fee equal to the Table 1-A permit fee may be collected for work commenced without a permit, and the combined investigation and permit fees may have a $200 minimum.
    • After-the-fact building permit and plan review fees are double the computed amount.
    • The County of Kauai and its agencies and contractors, except the Department of Water, are exempt from permit fees and plan review fees.
    • Qualifying affordable low-income housing projects are exempt from plan review fees; qualifying affordable gap-group housing projects are exempt from one-half of the Building Permit fee rounded to the nearest dollar; qualifying affordable Additional Rental Units certified by the Housing Agency are exempt.
    • Solar permits covering building, electrical, and plumbing requirements cost $100 for one- and two-family dwellings and $500 for all other buildings and structures.
    • Applications for which plan review fees were paid but no permit issued within 365 days expire by limitation; renewal requires resubmission and payment of a new plan review fee.

    permit fee for total estimated valuation $1 to $500: 15 USD · permit fee for total estimated valuation $501 to $2,000: $15 for first $500 plus $2 for each additional $100 or fraction thereof USD (to and including $2,000) · permit fee for total estimated valuation $2,001 to $25,000: $45 for first $2,000 plus $8 for each additional $1,000 or fraction thereof USD (to and including $25,000) · permit fee for total estimated valuation $25,001 to $50,000: $229 for first $25,000 plus $7 for each additional $1,000 or fraction thereof USD (to and including $50,000) · permit fee for total estimated valuation $50,001 to $100,000: $404 for first $50,000 plus $6 for each additional $1,000 or fraction thereof USD (to and including $100,000) · permit fee for total estimated valuation $100,001 to $1,000,000: $704 for first $100,000 plus $5 for each additional $1,000 or fraction thereof USD (to and including $1,000,000) · building plan review fee: 15 percent of building fee (rounded to nearest dollar; non-refundable) · after-the-fact permit and plan review fees: 2 times computed amount · solar permit for one- and two-family dwelling: 100 USD (permit covers building, electrical, and plumbing code requirements) · solar permit for all other buildings and structures: 500 USD (permit covers building, electrical, and plumbing code requirements)

    “The fees for the issuance of building permits shall be computed in accordance with the following schedule:”
  • Permit processPublished (with conditions)

    County of Kauai building-permit application, review, approval, and inspection process

    • Applicants begin by submitting a Building Permit Application.
    • Applicants may complete the online application or obtain a paper form at the Building Division office.
    • Applicants must review minimum requirements, complete the applicable residential or commercial checklist, properly complete the application and contractor statement, and submit a zoning permit application through the Planning Department.
    • The Tax Map Key must be correct.
    • The Building Code Enforcement Section circulates and consolidates County, State, and Federal agency comments before permit approval.
    • Building, electrical, plumbing, and sign-code inspections are part of the permitting process.
    “You begin by submitting a Building Permit Application. Please complete the on-line application (Found on our main webpage) or pick up a paper form at the Building Division office.”

Hawaii rules that apply here

  • Who permits septicState

    Septic systems and cesspools in Kauai County are regulated by the State of Hawaii Department of Health through the Kauai District Health Office Wastewater Branch.

    • The Wastewater Branch reviews wastewater-system plans and county permits for structures served by individual wastewater systems.
    “The Wastewater Branch regulates use of septic systems and cesspools on Kauai including the review of wastewater system plans as well as review of county permits for structures served by IWS.”
    One more reviewed finding on this topic
    • State — Statewide administration of individual wastewater systems, including septic systems, in Hawaii.
      “The Wastewater Branch administers the statewide engineering functions relating to water pollution control, municipal and private wastewater treatment works, individual wastewater systems and the Clean Water State Revolving fund.”
  • Septic permitRequired

    New or replacement septic/individual wastewater systems in Kauai County.

    • A Hawaii-licensed civil engineer must prepare the plans.
    • A percolation test, plot plan, and proposed floor plans are required for the DOH review described on the Kauai FAQ.
    • The engineer submits plans to the Wastewater Branch for review and approval.
    • The State of Hawaii filing/review fee is $100 for a new individual wastewater system, new treatment unit, or new disposal system.
    • After plan approval, construction must use a contractor holding an A, C-9, C-37, C-37a, or C-43 license.
    • No person may use an individual wastewater system until the director authorizes use in writing.
    • No cesspool may be used by a new building, and no new cesspool may be constructed after the effective date of the rule unless approved for construction before that date.

    review fee: 100 USD (for a new individual wastewater system, new treatment unit, or new disposal system)

    “The application to construct a new individual wastewater system or to modify an existing individual wastewater system shall be made by the applicant on forms furnished by the director.”
    2 more reviewed findings on this topic
  • Septic inspectionRequired

    Septic and individual wastewater-system construction and use in Kauai County.

    • The septic engineer must perform a final inspection before backfilling and submit required paperwork to DOH.
    • The engineer must furnish a final inspection report within 30 days after construction completion.
    • The report must certify construction against approved plans and include an as-built plan.
    • The owner must resolve discrepancies from inspections before written approval to use.
    • The director may inspect the system or site at any time before approval and may require advance notice of the engineer’s inspection.
    • The Kauai DOH FAQ separately states that DOH requires annual septic-tank inspection and that records may be requested for permitting.

    final inspection report deadline: 30 days after completion of construction · septic tank inspection frequency: annual (Kauai DOH FAQ states this requirement for septic tanks)

    “The engineer furnishes a final inspection report to the director within thirty days after the completion of the construction which provides the following information:”
    One more reviewed finding on this topic
  • Off-grid sanitationLimited

    On-site individual wastewater systems used instead of centralized wastewater treatment works in Hawaii.

    • Construction, modification of construction, or modification of use requires the Department of Health director's approval.
    • Individual wastewater systems may be used only as a temporary on-site means of wastewater disposal and only under HAR § 11-62-31.1 conditions.
    • For dwelling developments, the rule requires 10,000 square feet per individual wastewater system; limits total development to 50 single-family lots or 50 dwelling units, except one-dwelling-unit-per-acre-or-greater developments; generally requires a 10,000-square-foot lot; limits one system to 1,000 gallons and five bedrooms; and provides a pre-August 30, 1991 lot exception allowing only one system on a smaller recorded lot.
    • No person may use an individual wastewater system until authorized in writing by the director; approval requires resolving inspection discrepancies and an engineer's final inspection report within 30 days after construction, including construction certification and an as-built plan.
    • New buildings may not use a cesspool, and no new cesspools may be constructed unless approved for construction before the rule's effective date.
    • Composting and incinerator toilets treat only toilet waste; shower and kitchen wastewater still require treatment and disposal.
    • Composting toilets, incinerator toilets, natural systems, and other systems not specifically covered by the chapter require case-by-case review and approval by the director.

    minimum land area per IWS for dwelling development: >= 10000 square feet · maximum wastewater flow into one dwelling IWS: <= 1000 gallons per day (One system may not serve more than five bedrooms.) · new IWS application filing fee: 100 USD (New individual wastewater system, treatment unit, or disposal system.)

    “Individual wastewater systems may be used as a temporary on-site means of wastewater disposal in lieu of wastewater treatment works under the following conditions:”
    One more reviewed finding on this topic
  • Well permitRequired

    Well construction and pump installation anywhere in Hawaii, including water management areas; the Commission on Water Resource Management issues the permit

    • Application is made by the licensed well driller (well) or pump installation contractor (pump), not the owner
    • Commission may issue a permit only if construction complies with all applicable laws, rules, and standards
    • Application is reviewed by the Department of Health before action
    • Permit must be displayed at the well site until work is completed; a well completion report must be filed under section 174C-85
    • In water management areas the application includes the water use permit number
    • CWRM form notes the permit requirement also applies to sealing abandoned wells
    • The separate Domestic Use Exemption Form concerns exception from water use permitting in management areas, not from this well construction permit; no exemption from the well permit for domestic wells was found in the statute section
    “no well construction and no installation of pumps and pumping equipment shall commence without appropriate permit from the commission.”
    2 more reviewed findings on this topic
    • Required — Well construction and pump installation in Kauai County.
      “Application for a Well Construction/Pump Installation Permit **WCPI Permit requirement also applies to sealing abandoned wells.”
    • Required — Construction, modification, or sealing of water, production, exploratory, and monitor wells statewide.
      “In the State of Hawaii, work on water wells, production wells, exploratory wells and monitor wells requires a well construction permit from the Commission; work on injection wells requires a permit from the State Department of Health; and work on geothermal wells requires a permit from the Department of Land and Natural Resources, Engineering Division.”
  • Agricultural exemptionConditional

    Qualifying nonresidential agricultural or aquacultural buildings, structures, and appurtenances in Kauai County under Hawaii Revised Statutes §46-88.

    • The exemption applies only to agricultural buildings, structures, and appurtenances that are not used as dwellings or lodging units.
    • For subsection (a) structures, the ordinary floor-area limit is no more than 1,000 square feet, with listed exceptions including shade-cloth structures, cold frames, and greenhouses up to 60,000 square feet per structure, subject to 15-foot separation when multiple structures are erected.
    • Certain one-story buildings with structural spans under 25 feet and no more than 1,000 square feet are listed, including barns, greenhouses, farm production buildings, farm-equipment or supply storage buildings, and crop storage or processing buildings; stored items may not collectively exceed 12 feet in height.
    • Subsection (b) permits certain qualifying structures greater than 1,000 and no more than 8,000 square feet when compliant with relevant building codes or county, national, or international prescriptive construction standards.
    • Aggregate exempt floor area may not exceed 5,000 square feet per zoning lot for lots of 2 acres or less; 8,000 square feet for lots greater than 2 acres and no more than 5 acres; or 8,000 square feet plus 2 percent of acreage for lots greater than 5 acres, subject to the individual-building limits.
    • Structures must be on a commercial farm or ranch, used for general agricultural or aquacultural operations or incidental purposes, and located on property used primarily for those operations that is at least 2 contiguous acres, or at least 1 contiguous acre in a nonresidential agricultural or aquacultural park.
    • The owner or occupier must provide written notice to the appropriate county agency describing the size, type, and location, and no work may commence until the county agency determines that a building permit is not required for applicable floodplain-management requirements.
    • The county agency must certify the exemption within 30 calendar days after receipt of the written notice; a final as-built written notice is required within 30 calendar days after completion, occupancy, or use.
    • Electrical and plumbing permits remain required before connecting electrical power or plumbing systems, and installations must be performed and inspected as specified by the statute.
    • Wastewater disposal must comply with Hawaii Revised Statutes chapter 342D.
    • Permit-exempt structures are exempt from certificate-of-occupancy requirements, but county fire and building agencies may inspect for compliance.
    • The exemption does not apply in the state land use urban district, does not supersede public or private lease conditions, and does not cover pesticide or hazardous-material storage unless compliant with federal and state law.
    • The statute expressly does not exempt agricultural development from county, state, or federal floodplain-management permit requirements under National Flood Insurance Program requirements.
    • For Kauai County specifically, an official State of Hawaii floodplain-management page states that agricultural structures in the Special Flood Hazard Area are not exempt from building permits.

    ordinary subsection (a) floor-area limit: <= 1000 square feet (Not used as a dwelling or lodging unit) · greenhouse/shade-cloth/cold-frame area: <= 60000 square feet per structure (Multiple structures require minimum 15-foot horizontal separation) · subsection (b) floor-area range: greater than 1,000 and no more than 8,000 square feet (Must comply with relevant building codes or prescriptive construction standards) · aggregate exempt area for lots of 2 acres or less: <= 5000 square feet per zoning lot · aggregate exempt area for lots greater than 2 and no more than 5 acres: <= 8000 square feet per zoning lot · aggregate exempt area for lots greater than 5 acres: 8,000 plus 2 percent of acreage square feet per zoning lot (Each exempted building must comply with applicable individual-building limits) · minimum horizontal separation: >= 15 feet · county certification deadline: 30 calendar days (After receipt of written notice) · final as-built notice deadline: 30 calendar days (After completion, occupancy, or use)

    “Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area:”
    3 more reviewed findings on this topic
    • Conditional — Non-domestic wastewater generated by a building or facility in the State agricultural land use district, a county agricultural zoning district, or a conservation district, including agricultural operations in Kauai County.
      “Any building or facility which is located within the state agricultural land use district, county agricultural zoned districts, or conservation districts may be exempt from the provisions of subchapters 2 and 3 for its non-domestic wastewater provided that the buildings or facilities are essential to the operation of an agricultural enterprise or consistent with the conservation district use intent. The owner shall submit for the director’s approval plans or engineering reports, or both, for the wastewater systems proposed to accommodate the wastewater generated from any building or facility in this category.”
    • Conditional — Nonresidential agricultural or aquacultural buildings, structures, and appurtenances in Kauai County that qualify under HRS § 46-88.
      “Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area:”
    • Conditional — Agricultural lands subdivided and leased for agricultural uses or activities permitted in HRS §205-4.5(a).
      “Lots created and leased pursuant to this section shall be legal lots of record for mortgage lending purposes and shall be exempt from county subdivision standards.”
  • county zoning authorityGeneral

    Hawaii counties' zoning authority over lands outside forest reserve boundaries, including unincorporated county areas.

    • The authority applies to lands not contained within forest reserve boundaries established on January 31, 1957, or as subsequently amended.
    • Zoning must be accomplished within the framework of a long-range, comprehensive general plan.
    • The zoning power must be exercised by ordinance.
    • The statute identifies authority over agricultural, forestry, industrial, trade, business, residential, watercourse, special-restriction, building-location, height, bulk, setback, density, lot-coverage, open-space, lot-size, and use-duration matters.
    • The powers are to be liberally construed in favor of the county, subject to forest and water reserve limitations and the exceptions in HRS §46-4(c), (d), (g), and §46-4.8.
    “The zoning power granted in this section shall be exercised by ordinance, which may relate to:”
    One more reviewed finding on this topic
    • General — Hawaii counties adopting and enforcing zoning ordinances for lands within county jurisdiction, including unincorporated areas, subject to statutory exclusions and planning requirements.
      “The zoning power granted in this section shall be exercised by ordinance, which may relate to:”
  • county building authorityGeneral

    County authority statewide to enact and enforce building-related ordinances, including residential construction permitting and inspection measures, and to adopt, amend, and update county building-code ordinances within each county's jurisdiction.

    • County ordinance authority is subject to general law and may not be inconsistent with, or tend to defeat, a state statute whose text shows an express or implied intent to be exclusive or uniform statewide.
    • Each county must amend, adopt, and update the Hawaii state building codes as they apply within its respective jurisdiction, in accordance with HRS §46-1.5(13), without council approval.
    • Each county must adopt the HRS §107-25 codes and standards as referenced codes and standards for its county building-code ordinance no later than two years after adoption of the Hawaii state building codes.
    • If a county does not amend the Hawaii state building codes within the two-year period, the Hawaii state building codes become applicable as an interim county building code.
    • The statewide codes apply to all construction and include the International Residential Code.

    county adoption deadline after adoption of Hawaii state building codes: 2 years (If the county does not amend the Hawaii state building codes within this period, they become an interim county building code.)

    “The governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council. Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Minimum dwelling size — Minimum dwelling or dwelling-unit floor area in Kauai County under the current County Building Code and applicable occupancy or housing regulations.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Kauai County, Hawaii

Is Kauai County a good place to live off-grid or homestead?

Kauai County scores 62/100 on the Bolthole Index, a solid county profile. Its strengths: about 44,591 people within 15 miles. Watch-outs: more administrative friction around building and land use and a weaker property-autonomy legal backdrop.

How much does land cost in Kauai County, Hawaii?

Land in Kauai County runs about $13,236 per acre, based on the latest county data.

What is the water situation in Kauai County?

Water data for Kauai County is limited.

How remote is Kauai County?

A typical private-land location has about 44,591 people within 15 miles and 1,152,190 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Kauai compares in Hawaii