Kauai County, HI Accessory Structures: ADU Impact Fees (2026)

Kaua'i County Code § 8-30.1(g) creates the Additional Rental Unit (ARU) Subsidy account inside the Housing Development Fund (Fund No. 512) specifically to offset the Facilities Reserve Charge (FRC), the impact-style fee tied to ARU construction. The Council set aside a $113,200 appropriation from the Housing Development Fund to assist property owners with FRC costs, and any unspent balance does not lapse at fiscal year end; annual top-ups require Council approval, and the money can be used for no purpose other than what the section lists.

The County Housing Agency certifies whether an applicant qualifies, processing ARU Subsidy applications first come, first served subject to funding availability, and must send copies of every application, whatever the certification result, to the Planning Department and both the Public Works Wastewater Division and Building Division before any fee is waived. The catch is the repayment schedule: if the Housing Agency's affordable-rental restrictions are later violated, the owner owes back a percentage of the subsidy keyed to how long the unit stayed in the Affordable Rental Program, ranging from 100% repayment inside the first year down to 10% if the violation comes after five years.

That ARU Subsidy Repayment becomes a lien on the real property, recordable in the land record system, and if unpaid the County can pursue foreclosure and recover its full collection costs including reasonable attorneys' fees. The Kaua'i County Housing Agency was directed to write implementing rules within 12 months of the ordinance, and the section does not preempt any other Kaua'i County Code 1987 provision touching ARUs.