COUNTY OF KAUAI PLANNING COMMISSION – 4444 Rice Street, Suite A473, Lihue, Kauai, Hawaii, 96766, tel: (808) 241-4050, email: planningdepartment@kauai.gov.
NOTICE IS HEREBY GIVEN of a public hearing and an opportunity for public testimony from all interested persons to be held by the Kaua’i Planning Commission pursuant to the provisions of Hawaii Revised Statutes (HRS) Chapter 205A, Chapter 92, and Chapter 91, and the Rules of Practice and Procedure of the County of Kauai Planning Commission. The hearing will be held regarding the following:
AMENDMENT SPECIAL MANAGEMENT AREA RULES AND REGULATIONS OF COUNTY OF KAUA’I (SMA Rules)
Proposal: Amendment of the County of Kaua’i’s SMA Rules.
* The proposed amendments to the SMA Rules will implement amendments to HRS Chapter 205A that were adopted in 2020 and 2025 by incorporating additional definitions and including formatting and procedural amendments.
Meeting Lihu’e Civic Center, Moikeha Building, Meeting Room 2A-2B,
Location: 4444 Rice Street, Lihu’e, Kaua’i, Hawai’i
* Interested parties should look to the Planning Commission Agenda for January 13, 2026, for final determination of location.
Date: January 13, 2026, Tuesday
Time: 9:00 a.m. or shortly thereafter
Statement of Topics in the SMA Rule Amendments:
Grammatical/Formatting Amendments: Former sections were consolidated and reorganized for clarity, including former sections 1.0, 2.0, 3.0 to become a new Section 1.0, General Provisions; additional grammatical, formatting, and reorganization edits were made throughout.
Substantive Amendments: Definitions for “development” were amended according to recent legislation that amended HRS Chapter 205A; guidelines regarding whether a parcel is impacted by coastal hazards are proposed; and ocean view corridor mitigation requirements are proposed.
Procedural Amendments: The procedures for SMA assessments, SMA minor permits, SMA use permits, SMA permit modifications, and SMA emergency permits were amended and clarified; new fees for assessments and modifications are proposed; increases to SMA Use permit fees are proposed; rights to appeal any Planning Director actions involving SMA permits were clarified.
All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing on the proposed rule amendments at the time of the public hearing: Oral testimony will be taken on specific agenda items, in-person at the public meeting location indicated on the meeting agenda. Written testimony indicating your 1) name or pseudonym, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, may be submitted on any agenda item in writing to planningdepartment@kauai.gov or mailed to the County of Kaua’i Planning Department, 4444 Rice Street, Suite 473, Lihue, Hawai’i 96766. Written testimony received by the Planning Department at least 24 hours prior to the meeting will be posted as testimony to the Planning Commission’s website prior to the meeting (https://www.kauai.gov/Government/Boards-and-Commissions/Planning-Commission). Any testimony received after this time will be retained as part of the record, but we cannot assure the Commission will receive it with sufficient time for review prior to the meeting.
A copy of the proposed rule amendments will be mailed to any interested person who requests a copy and pays the required fees for copying and postage. Please submit your request to the Planning Department. Copies of the proposed rule amendments may be picked up from the Planning Department at the above address between the hours of 7:45 a.m. and 4:00 p.m., Monday through Friday, excluding holidays. In addition, the full text of the proposed rule is available on the web site of the Planning Commission:
http://www.kauai.gov/Government/Boards-and-Commissions/Planning-Commission.
IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ADAVIS@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY.
COUNTY OF KAUAI PLANNIN COMMISSION – 4444 Rice Street, Suite A473, Lihue, Kauai, 96766, tel: (808) 241-4050, fax: to (808) 241-6699, email: khull@kauai.gov. Pursuant to Hawaii Revised Statutes Chapter 91-3 and the Rules of Practice and Procedure of the County of Kaua’i Planning Commission, notice is hereby given that the County of Kauai Planning Commission ("Commission") will hold a public hearing on Tuesday, September 12, 2017, at 9:00 p.m. in the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Kauai, Hawaii to hear testimony and comments from all interested persons regarding the following:
1. Proposed Amendments to Chapter 6, Agency Hearing Procedures, Rules of Practice and Procedure of the County of Kauai Planning Commission.
2. Proposed Amendments to Chapter 9, Appeals from Actions of the Planning Director, Rules of Practice and Procedure of the County of Kauai Planning Commission.
3. Proposed Amendments to the “Interpretative Administrative Zoning Rules and Regulations (2014) of the Kauai Planning Commission,” Relating to Chapter 8, 9, and 10 of the Kauai County Code (1987), Enforcement of KPAR 8-19, Kauai County Code, Chapter 8, Article 17, Relating to Transient Vacation Rentals of the Kaua’i County Code.
Regarding the proposed amendments to Chapter 6, Agency Hearing Procedures, Rules of Practice and Procedure of the County of Kauai Planning Commission, the Planning Commission is proposing amendments to its rules governing contested cases by eliminating civil style discovery, clarifying the time for filing motions, requiring resolution of motions by the Presiding Officer without a hearing unless the Presiding Officer requires otherwise, and specifying that no reply or supplemental memoranda shall be filed unless required by the Presiding Officer. These amendments are designed to encourage an expeditious and inexpensive contested case process while providing for procedural due process at the administrative level.
Regarding Proposed Amendments to Chapter 9, Appeals from Actions of the Planning Director, Rules of Practice and Procedure of the County of Kauai Planning Commission, the Planning Commission is proposing amendments to its rules governing appeals of Planning Director’s actions by clarifying the types Planning Director actions under the Comprehensive Zoning Ordinance and Subdivision Ordinance that may be appealed to the Planning Commission, and clarifying that any person, not just applicants, can petition to appeal actions pursuant to the Shoreline Setback Ordinance. Finally, the amendment clarifies the deadline for filing petitions to appeal for each type of action. These amendments are designed to clarify the process contested case appeals of Planning Director actions.
Regarding the proposed Amendments to the “Interpretative Administrative Zoning Rules and Regulations (2014) of the Kauai Planning Commission,” Relating to Chapter 8, 9, and 10 of the Kauai County Code (1987), Enforcement of KPAR 8-19, Kauai County Code, Chapter 8, Article 17, Relating to Transient Vacation Rentals of the Kaua’i County Code, the Planning Commission is proposing amendments to bring the rules in line with the requirements of KCC Chapter 8, Article 17. Namely, the amendment explains what items must be submitted to the Planning Department along with applications to renew non-conforming use certificates (NCUC), the deadlines for NCUC applications, and the repercussions for failing to submit an application by the NCUC’s annual expiration date. In addition, the amendment increases the per day fine amount for Class I or II type structural violations from $250 to $500 and non-compliance with the ordinance violations, which include posting no NCUC sign from $250 to $1,000.
All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing on the proposed rule amendments at the time of the public hearing. Persons wishing to submit written testimony are requested to their written testimony to the Planning Department at the addresses noted above. Persons presenting oral testimony are requested to also submit their testimony in writing to the Planning Department at the addresses noted above. All submissions for the record must be received at or prior to the scheduled public hearing.
A copy of the proposed rule amendments will be mailed to any interested person who requests a copy and pays the required fees for copying and postage. Please submit your request to the Planning Department. Copies of the proposed rule amendments may be picked up from the Planning Department at the above address between the hours of 7:45 a.m. and 4:00 p.m., Monday through Friday, excluding holidays. In addition, the full text of the proposed rule is available on the web site of the Planning Commission: http://www.kauai.gov/Government/Boards-and-Commissions/Planning-Commission. Individuals who require special needs accommodations may request assistance by writing or contacting Mrs. Shanlee Jimenez at (808) 241-4050 at least five (5) working days prior to the scheduled public hearing.
(WHT1513204 12/12/25)
