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Kauai County, HI Environmental Rules: Flood Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

FEMA flood zone rules in Kauai County, HI, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Governing rule
No construction without Art. 1, Ch. 15 compliance
Approval authority
County Engineer
Flood zones covered
AE/AO/AH, floodway, VE, A/X/D
Certificate of occupancy
Required before use in hazard area
Max criminal fine
$500 / 90 days (§ 15-1.9)
Additional enforcement
Civil nuisance abatement action

Summary

Kaua'i County Code Article 1 of Chapter 15 bars any construction or land alteration in flood-prone areas without full compliance with the county's Floodplain Management Ordinance. The County Engineer must approve building, grading, and subdivision permits in special flood hazard areas before they issue, and violators face misdemeanor fines and forced abatement.

These county ordinances apply to unincorporated areas of Kauai County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Compliance. ... No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations. ... No building permit, certificate of occupancy, or grading permit shall be issued or subdivision shall be approved without the approval of the County Engineer or his/her authorized representative, with respect to compliance with the provisions of this Article. ... Any person, firm, or corporation violating any provision of this Article shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Article is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.

Full Breakdown

Kaua'i County Code § 15-1.2(c) declares that no structure or land may be constructed, located, extended, converted, or altered without full compliance with Article 1 of Chapter 15, the county's Floodplain Management Ordinance, which implements the National Flood Insurance Program under Hawai'i Revised Statutes §§ 46-1.5 and 46-11. Section 15-1.4(a) requires County Engineer approval of every building permit, certificate of occupancy, grading permit, and subdivision proposal affecting flood-prone land before it is issued, so the county can determine whether a project sits within the special flood hazard areas mapped on FEMA's Flood Insurance Rate Maps.

The article covers five hazard classes: flood fringe (AE, AO, AH zones), floodway, coastal high hazard or tsunami zones (VE), general floodplain (A, X, D zones), and land adjacent to drainage facilities. Section 15-1.5 requires new construction, repetitive loss structures, and substantial improvements in the flood fringe to be anchored against flotation or lateral movement and built with flood-resistant materials. A certificate of occupancy cannot issue for new construction or substantial improvement in a special flood hazard area until compliance is confirmed. The County Engineer keeps public records of certified lowest-floor elevations, floodproofing certifications, and encroachment certifications, and must notify FEMA within six months if base flood elevation data changes. A structure lacking its elevation certificate is presumed noncompliant under the ordinance's own definition of a "violation."

Violations & Fines

Section 15-1.9(a) makes any violation of the Floodplain Management Ordinance a misdemeanor, with each day of continuing violation a separate offense; conviction brings a fine of up to $500, imprisonment up to 90 days, or both. Section 15-1.9(b) also declares noncompliant construction an unlawful public nuisance that the County may abate or remove through a civil action, and Section 15-1.9(c) makes these remedies cumulative rather than exclusive.

Frequently Asked Questions

Can I build in a Kaua'i flood zone at all?
Yes, but only after the County Engineer approves the building permit, certificate of occupancy, grading permit, or subdivision under Kaua'i County Code § 15-1.4(a), confirming the project satisfies the flood construction standards for its specific hazard zone, whether flood fringe, floodway, coastal high hazard, or general floodplain.
What flood zones does Kaua'i's ordinance regulate?
Section 15-1.2(b) identifies flood fringe areas (AE, AO, AH zones), the floodway, coastal high hazard or tsunami areas (VE zone), general floodplain areas (A, X, D zones), and land adjacent to a drainage facility that the County Engineer determines is subject to special flood hazards.
What is the penalty for violating Kaua'i's flood rules?
Under § 15-1.9(a), a conviction carries a fine of not more than $500 or imprisonment of not more than 90 days, or both, with each day a violation continues counted as a separate offense; the County can also sue to abate the noncompliant structure as a public nuisance.
Does Kaua'i require an elevation certificate for flood-zone construction?
Yes. Under the ordinance's definition of "violation" in § 15-1.3, a structure without an elevation certificate or other required compliance documentation is presumed to be in violation of the Floodplain Management Ordinance until that documentation is produced to the County Engineer.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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