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Kauai County, HI Historic Preservation: Historic-Cultural Monuments (2026)

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

Key Facts

Reviewing body
Kaua'i Historic Preservation Review Commission, 9 members
Governing article
County Code Article 14, §§ 8-14.1-8-14.5
Meeting frequency
At least quarterly, Sec. 8-14.4
Role
Advisory to Planning Commission, not a permitting body
Primary funding
Annual Federal Historic Preservation Grant
General penalty backstop
CZO misdemeanor fine up to $2,000, Sec. 8-3.5

Summary

On Kaua'i (Kaua'i County), the Kaua'i Historic Preservation Review Commission (KHPRC) protects cultural, archeological and historic resources under County Code Article 14. The nine-member commission advises the Planning Commission on projects touching historic districts or resources with special historical, cultural, architectural or aesthetic value, and recommends National and State Register nominations, but holds no independent permitting power over a private monument itself.

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.

(d) Promoting the goals and programs contained in the Kaua'i County General Plan, Chapter 7 (Ordinance No. 461), relating to Historic, Archeological and Cultural Resources and contained in Chapter 6E (Historic Preservation) of the Hawai'i Revised Statutes. ... (h) To assist the Planning Commission to develop standards and guidelines applicable to uses of historic resources and uses proposed within historic districts or neighborhoods, and to otherwise advise the Planning Commission in all matters affecting historic resources.

Full Breakdown

Article 14 of the Kaua'i County Code establishes the Kaua'i Historic Preservation Review Commission (KHPRC) to protect, preserve and promote the historic resources of the County of Kaua'i, including goals in General Plan Chapter 7 on Historic, Archeological and Cultural Resources and in Hawai'i Revised Statutes Chapter 6E. "Historic resource" or "historic site" is defined in Sec. 8-1.5 as any property, area, place, district, building, structure, site, neighborhood, scenic viewplane or other object listed on the National or State Register or having special historical, cultural, architectural or aesthetic value to the County. A "Monument" is separately defined as a commemorating freestanding structure supported by an internal framework or integrated into landscaping.

The KHPRC has nine members: eight appointed by the Mayor and Council under Charter Sec. 23.02(B)(2), with disciplines including architecture, archaeology, history, planning and Hawaiian culture, plus a ninth member chosen by those eight. Members serve staggered three-year terms after the initial appointments, capped at two successive terms, and receive no compensation beyond expense reimbursement. The Commission must meet at least quarterly and hold public hearings under HRS Chapter 91.

Under Sec. 8-14.3, KHPRC's powers are advisory: it adopts criteria for identifying historic resources, maintains a countywide inventory per Sec. 7-3.7 of the General Plan, recommends National Register nominations to the State Historic Preservation officer, administers the Local Certified Government federal assistance program, and assists the Planning Commission in developing standards for uses proposed within historic districts. Funding comes primarily from the annual Federal Historic Preservation Grant; if that grant program ends, the Council may repeal the KHPRC and this Article unless substitute funds are secured.

Violations & Fines

Article 14 itself sets no direct fine for altering a monument or historic resource because the KHPRC only advises the Planning Commission rather than issuing or denying permits. Where a project the KHPRC reviewed proceeds under a Planning Commission-imposed condition and that condition is violated, enforcement runs through the Comprehensive Zoning Ordinance's general penalty provision, Sec. 8-3.5: a misdemeanor fine up to $2,000, plus civil fines up to $10,000 and up to $10,000 per day for a continuing violation, enforceable by a lien on the property.

Frequently Asked Questions

Does Kaua'i County require a permit to alter a cultural monument?
Not directly through the KHPRC. Article 14 gives the nine-member Kaua'i Historic Preservation Review Commission only advisory powers under Sec. 8-14.3: it recommends National Register nominations and advises the Planning Commission on standards for historic districts, but actual permitting authority over a specific parcel rests with the Planning Commission or Planning Director, not with the KHPRC itself.
What counts as a historic resource under Kaua'i County Code?
Sec. 8-1.5 defines "historic resource" or "historic site" as any property, area, place, district, building, structure, site, neighborhood, scenic viewplane or other object listed on the National or State Register of Historic Places or having special historical, cultural, architectural or aesthetic value to the County of Kaua'i, a broad definition that can cover monuments and markers.
Who serves on the Kaua'i Historic Preservation Review Commission?
Nine members serve: four appointed by the Mayor, four by the County Council under Charter Sec. 23.02(B)(2), and a ninth chosen by those eight. At least five must be professionals in architecture, archaeology, history, planning or Hawaiian culture, and terms are staggered three-year terms capped at two consecutive terms.
What happens if the KHPRC's federal grant funding ends?
Sec. 8-14.5 allows the County Council to repeal the KHPRC and Article 14 entirely if the Federal Historic Preservation Grant program is terminated, unless the County secures substitute State or County funds to keep the program running, since that grant is the Commission's primary funding source.

Sources & Official References

Other rules in Kauai County

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