← Back to search

KCC §8-9.1

Why the Open District exists and what it protects

Read the official text at ecode360.com ↗

This section explains the purpose of the Open District: to keep enough open land for recreation, beauty, and natural systems, and to protect people from hazards and bad environmental effects. It also says that land marked as open or special treatment open space on county plans must stay that way unless the Council changes it.

everyone

The ordinance, as written (Kauaʻi County) — Purpose

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.

The Open District is established and regulated to create and maintain an adequate and functional amount of predominantly open land to provide for the recreational and aesthetic needs of the community or to provide for the effective functioning of land, air, water, plant and animal systems or communities.To preserve, maintain or improve the essential characteristics of land and water areas that are:Of significant value to the public as scenic or recreational resources;Important to the overall structure and organization of urban areas and which provide accessible and usable open areas for recreational and aesthetic purposes;Necessary to insulate or buffer the public and places of residence from undesirable environmental factors caused by, or related to, particular uses such as noise, dust, and visually offensive elements.To preserve, maintain or improve the essential functions of physical and ecological systems, forms or forces which significantly affect the general health, safety and welfare.To define and regulate use and development within areas which may be potentially hazardous.To include areas indicated on the County General Plan as open or as parks.To include areas clearly indicated on the County General Plan or on Zoning maps as "Special Treatment-Open Space" if an applicant represents to government authorities that any properties or areas within a development proposal or subdivision application will remain in either permanent open space or private park areas, or if the Council in the exercise of its zoning power requires as a condition of rezoning that an area be designated for permanent open space or private park. This does not preclude the Council from exercising its zoning authority as provided in Sec. 46-4, Hawai'i Revised Statutes. Within areas so designated, no uses, structures, or development inconsistent with such designation shall be generally permitted or permitted by Use Permit without express provision to the contrary. The Council is hereby authorized to make such factual determinations as necessary incident to this Section.To provide for other areas which because of more detailed analysis, or because of changing settlement characteristics, are determined to be of significant value to the public.
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.