Purpose: This guide helps property owners and buyers quickly determine whether their parcel is likely to be subject to the proposed shoreline setback changes, and how to obtain an official determination from the County.
The Simple 3-Step Process
STEP 1: Answer This Question
“Does my property directly front the ocean or certified shoreline?”
Quick indicators:
- Water (ocean/shoreline) is on one of your property boundaries
- You can walk from your property directly onto the beach/shoreline without crossing another parcel
- You have a certified shoreline survey showing the shoreline on your property boundary
If YES: Your property is oceanfront/beachfront and these bills are very likely to affect your shoreline setback requirements. Continue to Step 2.
If NO: Continue to Step 1B.
STEP 1B: If You Don’t Front the Ocean
“How far is my property from the shoreline?”
Within ~500 feet of the shoreline (common “near-shore” range)
- Example: “second row” property with another parcel between you and the ocean
- Planning may impose conditions where evidence exists that a proposed structure may be affected by coastal hazards or erosion
- Action: Continue to Step 2 to confirm your status
Beyond ~500 feet inland
- Shoreline setback rules often do not apply directly, even if your property is within the broader SMA
- Action: Optional confirmation with Planning is still recommended if you plan improvements or want certainty
STEP 2: Contact the Kauai Planning Department (Official Answer)
Phone: (808) 241-4050
Email: [email protected]
Suggested email (copy/paste):
To: [email protected] Subject: Shoreline Setback Determination – [YOUR ADDRESS] Aloha, I own property at [YOUR ADDRESS], Tax Map Key (TMK) [YOUR TMK if known]. I am trying to understand whether proposed Bills 2969 and 2984 would affect my property. Please advise: 1) Does my parcel directly front/abut the certified shoreline? 2) If yes: What is the approximate distance from the certified shoreline to: • My property line? • My existing structure(s)? 3) If no: Is my parcel within approximately 500 feet of the shoreline (a “non-abutting” lot that could be subject to conditions)? 4) Under current shoreline setback requirements: • Is my existing structure within the shoreline setback area? • Is it compliant? 5) Under the proposed changes in Bills 2969/2984: • Would my structure fall within the revised setback area? • Would it become nonconforming? Mahalo for your guidance, [YOUR NAME] [YOUR PHONE] [YOUR EMAIL]
Typical response time: 1–3 business days (varies).
STEP 3: What Their Answer Means
Scenario A: “Yes, your property fronts the shoreline”
You will want to document:
- Distance from certified shoreline to property line
- Distance from certified shoreline to structures
- Current compliance status
- Potential compliance status under proposed changes
Practical takeaway: Review the bills carefully and consider participating in the March 18 hearing.
Scenario B: “No, but you are near the shoreline (non-abutting lot)”
Practical takeaway: The bills may apply depending on Planning’s hazard evidence and your site specifics. This matters most if you plan future improvements or permits.
Scenario C: “No, and you are beyond the near-shore range”
Practical takeaway: The bills likely do not apply directly to your shoreline setback requirements, though you may still be subject to SMA permitting for certain development (existing rules).
Information to Gather (If You Are Likely Affected)
Property basics
- Address and TMK (often found on your property tax bill)
- Lot size
- Purchase year
- Structure build year
- Annual property tax amount (for context)
Shoreline characteristics
- Shoreline type: sandy beach / rocky shoreline / elevated bluff
- Observed trend: actively eroding / stable / accreting
- Elevation and topography (if relevant)
Plans
- Any pending permits or future improvements
- Whether the parcel is a small lot with limited depth
Where to Find Your TMK
- Your property tax bill
- Your deed/title documents
- Online: qpublic.net/hi/kauai (search by address)
Key Dates
- Public hearing & vote: March 18, 2026
- Remote testimony signup deadline: March 17, 2026 (Noon)
Written testimony: [email protected]
Remote signup: [email protected]
