Kauai County, HI Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit-free height
- 6 feet or less, § 105.2
- Over 6 feet
- building permit required
- Fire Dept review
- fences over 6 ft, unzoned height areas
- Also must comply
- zoning, floodplain, traffic code chapters
- Permit lapses
- 180 days without work started
Summary
On Kaua'i (Kaua'i County), a fence over 6 feet needs a building permit; Section 105.2 exempts only fences, architectural barriers, and planter boxes measured 6 feet or less from finish grade to top. Section 423.1 also subjects any fence over 6 feet to Fire Department approval for access.
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. ... A building permit shall not be required for the following ... Fences and structures such as architectural barriers and planter boxes not over 6 feet in height, measured from the finish grade to the top of the structures and constructed in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management and Chapter 16, Traffic Code, Kaua'i County Code 1987, as amended. ... 423.1 General. Fences within required yard space shall be constructed in accordance with Chapter 8, Comprehensive Zoning Ordinance; Chapter 15, Article 1, Floodplain Management and Chapter 16, Traffic Code, Kaua'i County Code 1987, as amended. In areas where fence height is not regulated by the Comprehensive Zoning Ordinance, fences over six (6) feet in height will be subject to approval of the Fire Department as to access.
Full Breakdown
Section 105.1 makes a building permit mandatory before erecting any structure in the County, and fences are treated as structures once they exceed the exemption in Section 105.2, item 3: fences, architectural barriers, and planter boxes not over 6 feet in height, measured from finish grade to the top of the structure, and built in accordance with Chapter 8 (Comprehensive Zoning Ordinance), Chapter 15, Article 1 (Floodplain Management), and Chapter 16 (Traffic Code) of the Kaua'i County Code. A fence at or under that 6-foot threshold, built to those other chapters' standards, needs no separate building permit.
A taller fence does need one, and Section 423.1 adds a second layer: within required yard space, fences must still comply with the Comprehensive Zoning Ordinance, Floodplain Management, and Traffic Code chapters, and in any area where the Zoning Ordinance does not set a height limit, a fence over 6 feet is subject to Fire Department approval for emergency access. A temporary construction fence used only during a building project is separately exempt under Section 105.2, item 8. Applicants for a permitted fence go through the same Building Division review, fee payment under Section 109, and posting requirements under Section 105.7 as any other building permit, and the permit lapses under Section 105.5 if work is not commenced within 180 days.
Violations & Fines
Erecting a fence over 6 feet without the required building permit, or without the Fire Department access approval Section 423.1 requires, is enforced the same as any other unpermitted construction: a misdemeanor under Section 114.2 punishable by a fine of up to $2,000, up to one year in jail, or both, or an administrative civil fine appealable to the Board of Appeals.
Frequently Asked Questions
How tall can my fence be on Kaua'i without a permit?
Does a tall fence need Fire Department approval on Kaua'i?
What building code chapters apply to a Kaua'i fence besides the permit rule?
Sources & Official References
Other rules in Kauai County
Compare Kauai County to another location·View the Hawaii fence regulations overview
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