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KCC §8-12.7Building rules for unstable or poorly draining land
Read the official text at ecode360.com ↗This section sets rules for building on land in the Soils District, which includes areas with poor drainage, weak soil, or erosion risk. Before getting a permit, you must show the county that your project is safe and won't make problems worse. The county can waive some rules for a single home if state and county health and building rules are met.
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The ordinance, as written (Kauaʻi County) — Soils District
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 minimize the threat to public health and safety as a result of development on soils that are unstable, have inadequate drainage characteristics, or require abnormal structural solutions because of load bearing or drainage characteristics.Lands Included. The Soils District shall include all land areas where:The characteristics of the surface soils to a depth of five feet inhibit water percolation to the point that it is unacceptable to State and County health officials for use as septic effluent discharge, or allows surface water to stand for over 12 hours.The characteristic of the soil and subsurface geology makes the soil inadequate as a bearing surface for standard building or road construction.The characteristic of the soil in combination with slope, water, wind, or other physical factors makes the soil unstable and subject to sliding, slipping, or water or wind erosion.Requirements for Development Within a Soils District. No Zoning, Building or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Soils District be permitted, unless the applicant establishes conformity with the requirements of this Section.Applications shall include soils and geologic reports by a soils engineer submitted to the Department of Public Works indicating the structure, drainage characteristics, and bearing capacities of the land to be developed. The report shall include a topographic map of the parcel indicating existing or potential slip, slide, or highly erosive areas, and areas with poor surface drainage or inadequate percolation rates.The applicant shall demonstrate through detailed drawings that the development will not contribute to the instability of the land and that all structural proposals including roads and pavement have adequately compensated for soil characteristics.The applicant shall demonstrate through detailed drawings that the proposed development will eliminate the potential of casual standing water through positive drainage and that percolation rates are adequate for the type of development proposed.For the development of not more than one dwelling unit, the Department of Public Works may waive any of the requirements of this Article provided that requirements of the State Health Department and County Building Code are met or exceeded.Modification of Requirements. The requirements of this Article shall not apply 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 Soils District under the criteria established in Subsection (b).
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.