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KCC §8-12.3Rules for building near streams and drainage areas
Read the official text at ecode360.com ↗This section protects streams and drainage areas by controlling how land can be developed or changed. It requires a county drainage plan, limits changes to water channels, and bans pollution or harmful runoff. Developers must get approval and show plans before building.
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The ordinance, as written (Kauaʻi County) — Drainage Districts (S-DR)
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.
Purpose.To protect the function of natural and existing water courses as a part of the system for surface water collection and dispersal.To maintain the quality of surface and marine water as a valuable public resource.To regulate the modification of water.Lands Included in the Drainage District.The Drainage District includes all rivers, streams, storm water channels, and outfall areas indicated in the Development Restriction Zones of the General Plan and other areas of similar physical characteristics and conditions.Within two years after September 1, 1972, the Department of Public Works on the basis of available information, shall prepare a master drainage plan for the County that shall include:The boundaries of watershed areas 100 acres or larger.A classification of all rivers, streams, and water carrying channels based on calculated existing carrying capacities and potential carrying capacities.The limitations on increased quantities of water by watershed which may be added to any channel.Water quality control standards and criteria for all constant flowing rivers and streams and marine outfalls.Proposed and anticipated channel revisions, new channels, and all required structural appurtenances or conditioning to channels, with estimated costs and projected scheduling of improvements.Standards, regulations and procedures concerning drainage practices in connection with development that effects water quality and quantity.Upon approval by the Planning Commission and adoption by the Council, this master drainage plan shall supplement the requirements of this Section.Requirements for Development Within a Drainage District. Prior to the adoption of a master drainage plan, no Zoning, Building or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Drainage District be permitted, unless the applicant establishes conformity with the requirements of this Section.No water course or outfall of a water course shall be modified, constricted, altered, piped, lined or substantially changed in any way unless first approved by the Department of Public Works.Development shall not be allowed on land adjacent to water courses which increases the flow at peak discharge above the capacity of its present channel, or materially increases the flood plain of downstream water courses.Pollutants shall not be discharged into any natural water course that are considered harmful or dangerous by State, Federal or County health or water control authorities to the public or to vegetation and wildlife.Development shall not be allowed that causes discharge or runoff of substantial amounts of silt, construction materials, trash, solid waste or other deleterious material.The Department of Public Works shall require that detailed plans and calculations accompany applications for development or modifications of any water course or of any development, grading or clearing of any land area.Modification of Requirements. The requirements of this Article shall not apply to any area within the Drainage District where the applicant demonstrates to the satisfaction of the Department of Public Works, that the area in question should not have been included in the Drainage District under the criteria established in this Section.
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.