← Back to search

KCC §15-1.4

Construction permits and the County Engineer's flood-safety duties

Read the official text at ecode360.com ↗

This section requires permits for most construction or development in Kauai County so the County Engineer can check flood risks. It also requires a certificate of occupancy before using new or greatly improved buildings in flood zones, and lists the Engineer's duties to review permits, keep flood records, and interpret flood maps.

contractorscourtsdevelopershomeowners

The ordinance, as written (Kauaʻi County) — Administration

A copy, taken August 22, 2026. The version published by Kauaʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

Permits for All Proposed Construction or Other Development in the County. Permits for all proposed construction or other development in the County, including building permits, certificates of occupancy, grading permits, subdivision approvals, and use, zoning and shoreline management area (SMA) permits, are required so that it may be determined whether such construction or other development is proposed within flood-prone areas. No building permit, certificate of occupancy, or grading permit shall be issued or subdivision shall be approved without the approval of the County Engineer or his/her authorized representative, with respect to compliance with the provisions of this Article.Certificate of Occupancy Required in Special Flood Hazard Areas. Notwithstanding the applicable requirements of the Building Code, a certificate of occupancy shall be required before any new construction or substantial improvement in the special flood hazard areas may be used or occupied.County Engineer. The County Engineer and his or her authorized representative, with the cooperation and assistance of other County departments, shall administer the provisions of this Article.Duties and Responsibilities of the County Engineer. The duties and responsibilities of the County Engineer shall include, but not be limited to:Permit Review.Review all building permits, certificates of occupancy, grading permits, and subdivision proposals to determine whether the requirements of this Article have been satisfied.See that all other required State and Federal permits have been obtained, including permits pursuant to Section 404 of the Clean Water Act.Review permits and proposals to determine that the site is reasonably safe from flooding.Review permits and proposals to determine that the proposed construction or development will not decrease the flood-carrying capacity of the area of special flood hazard.Information to be Obtained and Maintained by the County Engineer. Obtain and maintain for public inspection:The flood insurance study and flood insurance rate maps for the County;The certified elevation of the lowest floor;The floodproofing certification for spaces in nonresidential structures that are designed to be dry floodproofed in accordance with this Section;The certified final pad elevation where the site is filled above the base flood level;The certification that an encroachment in the floodway will not result in any increase in flood levels during base flood discharge;The assurance that the flood carrying capacity of altered or relocated watercourses will be maintained; andThe certification of elevation and certification of the design of structural support for structures in the coastal high hazard (i.e., tsunami) area. This certificate of elevation shall state the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement.Interpretation of Maps. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards.Use of Other Base Flood Data. When base flood elevation data has not been provided by the Federal Emergency Management Agency, the County Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from Federal, State, or other sources, in order to administer this Article.Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data through the letter of map revision process.
Read the official text at ecode360.com ↗as published Jan 1, 2026our copy taken Aug 22, 2026

The County of Kauaʻi publishes this code through eCode360 and states that it is provided for information only and should not be considered the official version of the Code.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.