Kauai County, HI Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Unit increase
- 10% more residential units allowed
- Lot size cut
- 10% smaller minimum lot size
- Qualifying condition
- Full integration of workforce and market units
- Excluded districts
- Agricultural and rural land use districts
- Administering agency
- Kaua'i Housing Agency
Summary
Kaua'i County Code § 7A-2.3 grants developers who fully integrate workforce units with market-rate units a density bonus: 10% more residential units and a 10% smaller minimum lot size than the comprehensive zoning ordinance otherwise allows, evaluated by the Housing Agency against the project's actual numbers.
(a) Notwithstanding any other County ordinance to the contrary, the County shall make available a density bonus to developers that integrate all workforce units with market units. The density bonus shall increase the total number of residential units that may be constructed on the project site by 10% and decrease the minimum lot size allowed by 10%, after evaluating the actual number of residential units and minimum lot sizes allowable pursuant to the comprehensive zoning ordinance. (b) This density bonus shall not be available in the State land use agricultural district or rural districts.
Full Breakdown
Kaua'i's workforce housing density bonus sits in Article 2 of Chapter 7A, the county's Housing Policy, which requires most residential and resort projects to set aside workforce units in the first place: § 7A-2.1(a) assesses a 20% workforce housing requirement on residential developments of 10 units or more, sold to households earning 80% to 120% of Kaua'i's median household income. Section 7A-2.3(a), added by Ord. No. 860 on November 20, 2007, layers a reward on top of that baseline: notwithstanding any other County ordinance to the contrary, a developer who integrates every required workforce unit with the market-rate units, so the two are interspersed rather than segregated, may build 10% more residential units on the site and shrink the minimum lot size by 10%, once the Housing Agency has evaluated the project's actual unit count and lot sizes against what the comprehensive zoning ordinance would otherwise allow.
That integration condition mirrors the separate incentive in § 7A-2.2(a), which cuts the underlying 20% workforce requirement itself by 25% for full integration, so an integrated project can qualify for both a smaller set-aside and the extra density in the same application. Section 7A-2.3(b) draws a hard line around where the bonus can apply: it is unavailable in the State land use agricultural district or in rural zoning districts, regardless of how the workforce units are configured, keeping the extra density confined to residential and resort-zoned land.
Violations & Fines
There's no separate fine tied to § 7A-2.3 itself, but the bonus rides on the underlying requirement it rewards: § 7A-2.1(b) bars final building inspections or a certificate of occupancy for a resort's facilities until the required workforce units are built, and Housing Agency approval depends on verifying the project's real unit counts and lot sizes against the zoning ordinance. Claiming the 10% bonus without delivering fully integrated units risks losing the incentive and withheld permits.
Frequently Asked Questions
How much extra density can a developer get on Kaua'i for building workforce housing?
Can agricultural land use the workforce housing density bonus?
Does the density bonus replace the 20% workforce housing requirement?
Who decides if a project qualifies for the density bonus?
Sources & Official References
Other rules in Kauai County
Compare Kauai County to another location·View the Hawaii zoning overlays & bonuses overview
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