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Kauai County, HI Fence Regulations: Retaining Walls (2026)

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

Key Facts

Permit-free height
4 feet or less, § 105.2
Rip-rap exemption
slope ≥1:1, ≤4 ft vertical
Engineer/architect stamp
required at 5 feet or more
Governing sections
§ 105.2 exemption, § 107.1 stamp
Max fine for violation
$2,000 or 1 year jail

Summary

On Kaua'i (Kaua'i County), retaining walls up to 4 feet are exempt from a building permit under Section 105.2. Walls 5 feet or taller need a permit, and their plans must be prepared, designed, approved, and stamped by a registered architect or engineer under Section 107.1.

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.

Retaining walls, which are not over 4 feet in height, measured from the finish grade to the top of the wall. Rip-rap type retaining walls with a slope of not less than 1:1 and having a vertical dimension not over 4 feet in height, 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. ... All plans for retaining walls five (5) feet or more in height shall be prepared, designed, approved and stamped by a duly registered licensed architect or engineer in the structural or civil branches.

Full Breakdown

Section 105.2, item 4, exempts retaining walls not over 4 feet in height, measured from finish grade to the top of the wall, from needing a building permit, provided they are built to the Comprehensive Zoning Ordinance, Floodplain Management, and Traffic Code chapters. Rip-rap retaining walls get a slightly different measure: they are exempt at a slope of not less than 1:1 with a vertical dimension not over 4 feet. Once a retaining wall exceeds those 4-foot thresholds, it needs a building permit under Section 105.1, and Section 107.1 adds an engineering requirement that kicks in at a lower height than the permit exemption itself: any retaining wall design for a wall 5 feet or more in height must be prepared, designed, approved, and stamped by a duly registered, licensed architect or engineer in the structural or civil branch before the Building Division will accept the submittal.

That stamped-plan requirement sits within the same Section 107.1 that requires construction documents generally to be prepared by a registered design professional when the work affects public safety or health, so a taller retaining wall cannot rely on an unstamped, owner-drawn plan even if a similar wall under 4 feet could go up without any plan review at all. Walls in the 4-to-5-foot range need the permit but not necessarily the professional stamp, since the stamp threshold in Section 107.1 is specifically set at 5 feet.

Violations & Fines

Building a retaining wall over 4 feet without the required permit, or submitting an unstamped design for a wall 5 feet or taller, is treated as a Section 114.2 violation: a misdemeanor punishable by a fine of up to $2,000, imprisonment of up to one year, or both, or an administrative order with a civil fine appealable to the Board of Appeals.

Frequently Asked Questions

How tall can a retaining wall be on Kaua'i without a permit?
Up to 4 feet, measured from finish grade to the top of the wall, under Section 105.2. Rip-rap retaining walls get the same 4-foot exemption as long as the slope is not less than 1:1. Anything taller needs a building permit under Section 105.1.
When does a Kaua'i retaining wall need an engineer's stamp?
At 5 feet in height or more. Section 107.1 requires plans for any retaining wall of that height to be prepared, designed, approved, and stamped by a duly registered, licensed architect or engineer in the structural or civil branch before the Building Division will process the permit.
Is there a gap between the permit exemption and the stamp requirement?
Yes. The permit exemption in Section 105.2 covers walls up to 4 feet, but the professional-stamp requirement in Section 107.1 does not apply until 5 feet, so a wall between 4 and 5 feet needs a permit but not necessarily a stamped engineering design.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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