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Kauai County, HI Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing law
Kaua'i County Code Ch. 22, Art. 16 Drainage
Adopted
Ordinance No. 778, November 2001
Standard adopted
Stormwater Runoff System Manual, July 2001
Enforcing office
County Engineer, Dept. of Public Works
Fine range
$1,000 to $25,000 per violation
Applies to
all land on Kaua'i and Ni'ihau

Summary

Kaua'i County regulates stormwater and drainage through its Drainage Ordinance, Kaua'i County Code Article 16 of Chapter 22, which adopts the County's Stormwater Runoff System Manual by reference. The Department of Public Works' County Engineer reviews drainage plans, and discharging pollutants or effluent into a drainage facility without approval is a violation with fines up to $25,000.

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.

The purpose of this Article is to provide drainage principles and policies as set forth in the Stormwater Runoff System Manual dated July 2001, and to safeguard the public health and safety, and to protect property in the County of Kaua'i. ... (a) No person shall discharge any effluent other than stormwater runoff onto any public right-of-way and/or into a drainage facility without the approval of the County Engineer.

Full Breakdown

Adopted by Ordinance No. 778 in November 2001, Kaua'i County Code § 22-16.1 states the Drainage Ordinance's purpose as setting drainage principles and policies in the Stormwater Runoff System Manual dated July 2001, to safeguard public health and safety and protect property across the County. Section 22-16.3 applies the article to all land within the County's jurisdiction, meaning both Kaua'i and Ni'ihau, plus facilities built within County rights-of-way, public-use easements, and privately owned systems that are part of required subdivision infrastructure; the Manual's standards are minimum standards only, not a guarantee against flood or drainage damage.

The County Engineer in the Department of Public Works administers the Manual and this article under § 22-16.6, reviewing every drainage submittal for compliance and interpreting the Manual as needed under § 22-16.7. Under § 22-16.9, no one may discharge any effluent other than stormwater runoff onto a public right-of-way or into a drainage facility without the County Engineer's approval, and that approval can issue only if the discharge will not violate the State's Water Quality Standards in Hawai'i Administrative Rules Chapter 11-54. Section 22-16.10 separately bans discharging any pollutant that creates a pollution problem in State waters or violates state water quality standards, and bans any stormwater discharge onto a public right-of-way that creates a drainage problem or nuisance.

The County Engineer enforces through notices of violation and cease-and-desist orders under §§ 22-16.11 and 22-16.13, and can seek civil enforcement in court under § 22-16.12.

Violations & Fines

Under § 22-16.15, willfully, intentionally, recklessly or negligently violating the Drainage Ordinance carries a fine of $1,000 to $25,000, up to 90 days in jail, or both, with each day a continuing violation persists after notice counting as a separate offense. Falsifying a record or tampering with a monitoring device draws a fine up to $25,000 or up to six months in jail, or both.

Frequently Asked Questions

What governs stormwater on Kaua'i?
The Drainage Ordinance at Kaua'i County Code Article 16 of Chapter 22, adopted by Ordinance No. 778 in 2001, which incorporates the County's Stormwater Runoff System Manual and applies to all land on Kaua'i and Ni'ihau.
Do I need approval before discharging into a drainage facility?
Yes, if it's anything other than stormwater runoff. Section 22-16.9 requires County Engineer approval before discharging effluent into a drainage facility or public right-of-way, and the discharge can't violate State water quality standards.
What are the penalties for violating the Drainage Ordinance?
Section 22-16.15 sets fines from $1,000 to $25,000 and up to 90 days in jail for willful, reckless or negligent violations, with continuing violations charged day by day.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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