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Kauai County, HI Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

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.

(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?
Under § 7A-2.3(a), a developer who integrates 100% of the required workforce housing units with market-rate units may build 10% more residential units than the comprehensive zoning ordinance otherwise allows, and cut the minimum lot size by 10%, once the Housing Agency confirms the project's actual numbers.
Can agricultural land use the workforce housing density bonus?
No. Section 7A-2.3(b) expressly excludes the State land use agricultural district and rural zoning districts from the density bonus, regardless of how the workforce units are configured or how fully they are integrated with the market-rate units on the site.
Does the density bonus replace the 20% workforce housing requirement?
No. The bonus in § 7A-2.3 is layered on top of the Housing Policy's baseline requirement in § 7A-2.1, which sets a 20% workforce housing set-aside for most projects; the bonus rewards full integration of workforce and market units rather than replacing that underlying obligation.
Who decides if a project qualifies for the density bonus?
The Housing Agency evaluates the project's actual unit count and minimum lot sizes against what the comprehensive zoning ordinance would otherwise allow, confirming the 10% unit increase and 10% lot-size reduction § 7A-2.3(a) authorizes before the density bonus is applied to a specific development.

Sources & Official References

Other rules in Kauai County

All Kauai County rules

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