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KCC §8-28.2Which permits this rule applies to and which projects are exempt
Read the official text at ecode360.com ↗This section says which permits are covered by the new transient accommodation rules. It also lists projects that are exempt, like already-approved projects or changes that don't add more units. It explains how a project's boundaries can be changed by combining lots.
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The ordinance, as written (Kauaʻi County) — Applicability
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.
Except as otherwise provided, this Article shall be applicable to any of the following permits if such permits would allow the development of more than one transient accommodation unit on any lot or parcel entitled to more than one dwelling unit:Use Permits issued pursuant to Article 11, Article 10 or Sec. 8-3.2;Zoning Permits issued pursuant to Sec. 8-3.1;Variances issued pursuant to Sec. 8-3.3; andSubdivision approvals issued pursuant to Chapter 9 located within the Visitor Destination Area.The provisions of Sec. 8-28.3 shall not apply to:The development, construction, reconstruction, repair, renovation, or use of a permitted project;A permitted project that is the subject of a proposed modification, if the proposed modification does not increase the number of permitted transient accommodation units and the Planning Director determines that the proposed modification does not require a new Zoning Permit, Use Permit, subdivision approval or Variance Permit; orA permitted project that is the subject of a proposed modification, if the proposed modification reduces the number of permitted transient accommodation units by 33% of what was previously approved by the Planning Commission or Planning Director; provided, however, that such modification, as determined by the Director, does not create additional impacts other than those addressed by conditions outlined in the permitted project.Individual lots entitled to more than one transient accommodation unit in a previously approved subdivision shall not be exempt from the provisions of Secs. 8-28.2 and 8-28.3 with regard to any other permits, including Zoning Permits, Use Permits, subdivision approvals or Variances, as required by law to construct, develop or use a transient accommodation unit on the owner's lot or parcel unless the project is exempt as an eligible resort project pursuant to Sec. 8-28.5.Notwithstanding any other provision contained in this Article, the boundaries of a permitted project may be amended by consolidating the permitted project with one or more adjacent lot(s) pursuant to Chapter 9 of the Kaua'i County Code 1987, as amended. Provided, however, the number of transient accommodation units being applied for on the permitted project's property and the adjacent lot(s) shall not exceed the number of transient accommodation units authorized by the Planning Commission for the permitted project prior to the consolidation. Upon consolidation under these terms, the permitted project on the new lot or parcel shall not be subject to Sec. 8-28.3.
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.