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Kauai County, HI Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Kauai County, HI, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Burn ban authority
AHJ may prohibit open burning as hazard
Abatement burn pile size
8 ft diameter, 4 ft high max
Setback from structures
100 feet minimum
Allowed hours
9:00 a.m. to 6:00 p.m. only
Advance notice required
14-day letter to AHJ
Max penalty
$1,000 fine / 1 year jail

Summary

Kaua'i (Kaua'i County) lets the Authority Having Jurisdiction prohibit open burning entirely when it judges the fires a hazard, under the county's amended Fire Code. Burning to abate a fire hazard needs a permit, a burn pile no larger than 8 feet across and 4 feet high, a 100-foot setback from structures, and daytime-only hours.

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.

"10.11.1 Open Burning Fires. Open burning shall be conducted in accordance with this Section. Open burning may be prohibited when the AHJ determines such fires are a fire hazard." ... ... 3. Fires to Abate a Fire Hazard. Written permission must be granted from the property owner. A letter shall be submitted to the AHJ for approval at least 14 days prior to the event, noting the date, time and location of the fire. ... 3.1. ... The burn pile shall be no more than eight feet (8') in diameter, and no more than four feet (4') high. ... 3.2. ... All burning shall be done not less than one hundred feet (100') from any building, structure, grass, brush, or other combustibles. 3. ... ... 7. Permittee shall not burn before 9:00 a.m. nor after 6:00 p.m., by which time the fire shall be completely extinguished.

Full Breakdown

Kaua'i County Code § 15A-2.2(11) amends NFPA 1 Section 10.11.1 to state that open burning must be conducted in accordance with the Fire Code and that the Authority Having Jurisdiction may prohibit open burning entirely when it determines the fires present a fire hazard. Section 15A-2.2(12) then amends Section 10.10.1.1 to set conditions for the categories of open burning the county allows. Fires to abate a fire hazard require written permission from the property owner and a letter to the AHJ at least 14 days before the burn stating its date, time, and location; the burn site must be at least two acres, the burn pile no more than eight feet in diameter and four feet high, and all burning must occur at least 100 feet from any building, structure, grass, brush, or other combustibles.

Burning is limited to the hours of 9:00 a.m. to 6:00 p.m., only during "no wind" conditions, and the permittee must keep a constant water supply and firefighting equipment on hand, staff at least two capable adults constantly attending the fire, and someone available around the clock in case of a flare-up. The permittee must notify the Fire Prevention Bureau 48 hours before the burn for an on-site inspection, notify the local fire and police stations of the start and extinguishing times, and sign a notarized indemnification provision.

During AHJ-declared fire danger periods, no fires are allowed within 500 feet of forest, pasture, or brush land without a separate state Division of Forestry and Wildlife permit.

Violations & Fines

Section 15A-2.2(9)-(10) amends NFPA 1 so that failing to comply with the Fire Code, or violating a permit condition, is a misdemeanor with each day of continued violation a separate offense; conviction brings a fine of up to $1,000, imprisonment up to one year, or both. An unpermitted or unauthorized open burn, or one that ignores the required setbacks, hours, or notifications, exposes the responsible party to that same citation and penalty structure under § 15A-2.2(9).

Frequently Asked Questions

Can Kaua'i just ban all open burning?
Yes. Kaua'i County Code § 15A-2.2(11) amends NFPA 1 Section 10.11.1 to let the Authority Having Jurisdiction prohibit open burning outright whenever it determines that such fires present a fire hazard, regardless of any permit category otherwise available under Section 10.10.1.1.
How big can a fire-hazard abatement burn pile be on Kaua'i?
Under amended Section 10.10.1.1, item 3.1, the burn pile cannot exceed eight feet in diameter or four feet in height, must be the only pile burning at once, and all burning must stay at least 100 feet from any building, structure, grass, brush, or other combustibles.
What hours can I burn a hazard-abatement pile on Kaua'i?
Section 10.10.1.1, item 3.7, limits abatement burning to between 9:00 a.m. and 6:00 p.m., by which time the fire shall be completely extinguished, and item 3.8 further requires burning only during "no wind" conditions, per Kaua'i County Code § 15A-2.2(12), Fire Code amendments.
Who do I need to notify before an abatement burn on Kaua'i?
The permittee must submit a letter to the AHJ at least 14 days before the burn, notify the Fire Prevention Bureau 48 hours in advance for an on-site inspection, and notify the local fire and police stations of the starting and extinguishing times, per amended Section 10.10.1.1, item 3.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

How Kauai County compares: Cities with the Strictest Outdoor Burning Rules·Compare Kauai County to another location·View the Hawaii fire regulations overview

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