The Kauaʻi County Council has deferred consideration of a proposed ordinance that would establish new wildfire and wildland-urban interface standards for residential construction and development across the county.
Bill 2998, introduced by Councilmember Addison Bulosan, would amend portions of the Kauaʻi County Code to include stricter construction, defensible-space and access requirements, all to reduce the risk of property loss and protect residents from wildfires.
The council’s decision to defer the bill was to further “flush out all of the questions and concerns” and allow more time to process and vet with the Planning Department.
Council Chair Mel Rapozo said, “I think one of the testifiers today talked about clarifying some of the language in this bill.” “That is why I’m more open to taking our time.”
The proposed regulations would apply a range of wildfire-resistant construction standards to new residential structures and additions.
Under the new requirements, homes would generally need Class A-rated roofs or approved noncombustible roofing materials, metal gutters and downspouts, ember-resistant vents and dual-pane windows with at least one tempered-glass pane.
The bill also would establish a 5-foot noncombustible zone around residential structures and a 30-foot defensible-space area where vegetation and other combustible materials would be subject to restrictions and maintenance requirements.
Within the 30-foot zone, the proposal would require vegetation management, including pruning and spacing requirements for larger trees. Certain fire-prone grasses and plants would be prohibited in the area, while kalo (taro) and banana plants would be exempt from those requirements.
The proposal also calls for restrictions on the storage of firewood and combustible materials near homes.
Under the bill, a second county-standard access road would generally be required for subdivisions of 20 or more lots, condominium properties with 20 or more units, or zoning permits for 20 or more dwelling units.
County officials may require additional access or grant an exemption with the fire chief’s written approval.
Councilmember Felicia Cowden said she also wanted to spend more time working on the bill to get it right because it might become a model across the country.
“We’re the first county in the nation, at least that is what we have been told, … to create a Wildland-Urban Interface Bill, which is very important and sets a standard that will probably be looked at in many different places,” she said. “I think possibly looked at nationally.”
The bill would further require larger residential developments to maintain wildfire-prevention requirements through recorded covenants and property-management organizations. Homeowners associations or other applicable property-management entities would also be required to conduct at least one annual wildfire-prevention and evacuation workshop for residents.
The proposed ordinance cites growing wildfire risks in Hawaiʻi and nationwide as justification for the changes. The bill references federal wildfire-risk data that places homes in Kaua‘i County at higher wildfire risk than approximately 91% of U.S. counties.
The bill also points to recommendations from the Lahaina Fire Incident Analysis Report, including adoption of wildfire and wildland-urban interface codes, ember-resistant construction, defensible space and improved evacuation and access measures.
Bill 2998 also would remove county zoning provisions for single-family attached dwellings, modify standards for single-family detached and multifamily development, revise certain setback and building requirements, and reduce the floor-area threshold for some detached accessory buildings that are exempt from building permits from 300 square feet to 200 square feet.
The proposed Wildland-Urban Interface setback standards would establish minimum distances between residential structures and property lines, including a 15-foot rear setback, a 15-foot side setback, and a 30-foot separation between residential structures in covered developments, subject to specified exceptions.
The ordinance would take effect July 1, 2027, if ultimately adopted.
