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KCC §8-8.3Rules for splitting up farmland in agriculture districts
Read the official text at ecode360.com ↗This section limits how agricultural land can be split into smaller parcels to protect farming. It sets different minimum sizes for new parcels based on the original parcel's size, and restricts resubdivision of parcels created after September 1, 1972. It also requires periodic review and sets minimum lot dimensions.
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The ordinance, as written (Kauaʻi County) — Limitations on Subdivisions of Parcels in Agriculture Districts
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 limit, retard and control subdivision of agriculture land that will destroy agriculture stability and potential;To avoid the dissipation of agriculture lands by excessive or premature parceling for other than agriculture uses;To establish and maintain a proportionate mix of parcel sizes to accommodate optimum sizes for existing or potential agricultural uses;To establish a relationship between the size of the parcel to be subdivided and the size of the smaller parcels created by the subdivision, in order to maintain large parcels for agricultural uses and activities best carried out on large parcels and to maintain and provide smaller parcels of various sizes for agricultural uses that can be carried out most efficiently on smaller parcels.Method of Calculating Allowable Subdivision of Agriculture Lands.Contiguous lots or parcels of record in common ownership existing prior to or on September 1, 1972, no larger than 300 acres may be subdivided only in accordance with the following criteria:Parcels not more than 10 acres may be subdivided into parcels not less than one acre in size.Parcels larger than 10 acres, but not more than 20 acres, may be subdivided into parcels not less than two acres in size, except that not more than four lots in the parcel may be one acre in size.Parcels larger than 20 acres, but not more than 30 acres, may be subdivided into parcels not less than three acres in size, except that not more than four lots in the parcel may be one acre in size.Parcels larger than 30 acres, but not more than 50 acres, may be subdivided into parcels not less than five acres in size.Parcels larger than 50 acres, but not more than 300 acres may be subdivided into 10 or fewer parcels, none of which may be smaller than five acres.Contiguous lots or parcels of record in common ownership existing prior to or on September 1, 1972, larger than 300 acres may be subdivided only in accordance with the following criteria:A maximum of 75 acres may be subdivided into not more than 10 parcels, none of which shall be smaller than five acres.An additional 20% of the total parcel area or 300 acres, whichever is less, may be subdivided into parcels, none of which shall be smaller than 25 acres.The balance of the parcel area, shall not be subdivided.Limitations on Resubdivision of any Parcel in an Agriculture District Subsequent to September 1, 1972. Except as provided herein, no parcel resulting from a subdivision approved after September 1, 1972, shall be resubdivided unless the parcel is transferred to the Urban or Rural Districts under the provisions of the State Land Use Law and is transferred to a use district other than Agriculture or Open, under the provisions of this Chapter. The restriction in this Subsection shall not apply to any lot resulting from:Subdivision requested by any governmental agency;Subdivision resulting from the construction of public improvements by governmental action;Subdivision requested for public utility purposes;Consolidation and resubdivision of properties where no additional lots or parcels are created provided that the resulting properties would not permit greater density.However, any parcel of record 30 acres or less existing prior to August of 1972 and subsequently subdivided which has not maximized density as prescribed in Subsection (b)(1), may be further subdivided in accordance with said Subsection.Automatic Review of the Provisions of this Section. The provisions of this Article and the boundaries of the Agriculture District shall be comprehensively reviewed by the Planning Commission in accordance with the requirements and procedures of Subsection (c) no later than two years after September 1, 1972 and every succeeding five years thereafter.Minimum Lot Size Requirements.The minimum average lot width shall be 150 feet.The average length of any lot shall not be greater than four times its width.
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.