Kauai County, HI Environmental Rules: Stormwater Management (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.
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?
Do I need approval before discharging into a drainage facility?
What are the penalties for violating the Drainage Ordinance?
Sources & Official References
Other rules in Kauai County
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