Kauai County, HI Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Renewal frequency
- Annually, on permit issuance anniversary
- Required proof
- Owner's primary residence plus § 5A-11 exemption
- Also required
- Valid general excise and TAT tax licenses
- Renewal fee
- $750 per year
- Failure result
- Automatic denial of renewal
Summary
On Kaua'i (Kaua'i County), a homestay zoning permit renews only if the owner proves, every year, that the residential structure used for the homestay is still their primary residence and that they held a Sec. 5A-11 homeowner's tax exemption on that property in the year before renewal, per Sec. 8-18.3(b).
A property owner that has obtained a homestay zoning permit shall apply to renew the zoning permit annually on the date of issuance of the homestay zoning permit in accordance with the following regulations: ... (b) Each application to renew shall include proof that the primary residential structure(s) used for the homestay operation is the owner's primary residence, and the respective owner is benefiting under Sec. 5A-11 of this Code for a homeowner's exemption for the homestay site in the year preceding the date of renewal;
Full Breakdown
Kaua'i County Code Sec. 8-18.3 requires every homestay zoning permit to be renewed annually, on the anniversary of its original issuance, and Sec. 8-18.3(b) makes primary-residence status the centerpiece of that renewal: the applicant must submit proof that the residential structure used for the homestay operation is the owner's primary residence and that the owner benefited from the Sec. 5A-11 homeowner's real property tax exemption on that same site during the year immediately preceding renewal. This ties the homestay's continued legality to an objective, third-party record, the County's own homeowner's exemption rolls, rather than to a self-certification.
Renewal under Sec. 8-18.3 also requires proof of a currently valid State of Hawai'i general excise tax license and transient accommodations tax license, and failure to show either results in automatic denial, though the applicant may reapply within the annual window once a valid license is produced. The Planning Department may re-inspect the property on renewal and withhold approval, issuing cease-and-desist notices until any violations are resolved. Each renewal costs $750, deposited into the Transient Accommodation Enforcement Account within Fund 251 under Sec. 8-18.4, and enforcement of Sec. 8-18.3 generally runs through Sec. 8-3.5 of the Comprehensive Zoning Ordinance.
Violations & Fines
If an owner cannot show the homestay structure is still their primary residence with a current Sec. 5A-11 homeowner's exemption, Sec. 8-18.3(b) requires the Planning Department to deny renewal, ending the homestay's legal operation. Continuing to operate after denial is enforced under Sec. 8-3.5: a misdemeanor fine up to $2,000, civil fines up to $10,000 plus $10,000 per day of continued violation, and a lien against the property for unpaid fines.
Frequently Asked Questions
Can I rent my Kaua'i homestay if it's not my primary residence?
What tax documents do I need to renew a Kaua'i homestay permit?
How much does it cost to renew a homestay permit on Kaua'i?
Sources & Official References
Other rules in Kauai County
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