The biggest issues facing Kauai County are the ongoing policies that favor major landholders around Lihue and Koloa, restricting housing and density rights of the residents. From 1990 to 2000 over 70,000 acres of agricultural land from Lihue to Kilauea changed hands as the plantations shut down. That land was sold for between $3,000 and $5,000 an acre. Rather than plan for future housing for the local population, the county put into effect a multi-pronged attack against agricultural subdivisions. The same time AMFAC and Grove farm were sold, the 2000 General Plan Update was implemented. The GPU attacked and targeted agricultural subdivisions, they took away the density and additional dwelling unit.
Instead of trying to develop Agriculture Subdivisions that are more assessable to locals residents by reducing infrastructure and increasing density, they chose to weaponize and target Agricultural Subdivisions, position them as Gentlemen Estateskauai and not real agricultural enterprises that produce income and are profit driven. In this regard, they created a widespread doubt of legitimacy as the right to occupy the farm dwelling.
It states in the GPU 5.2.2 Rationale for Policy: “In fact, at least 90% of the dwellings in the Agriculture district on Kauai are primarily used as single-family residences and do not support income producing agriculture.”
First, the County does not require any submittals on economic production of agricultural dwellings. Additionally, the State law for the agricultural district requires agriculture production, which in the event none is taking place, allows the State the right to remove the house with an additional fine of $5000. However, the State has not set the requirement of what amount production needs to be. The scam is that the State has not set any criteria for the amount of agricultural production, and the County wants to enforce the production, that the State has no parameters on.
“5.2.1 Policy (a) Lands included within the Agriculture designation-shall-be predominantly used for or held in reserve to be used in the future for agricultural activities.”
Billionaires owning the land is not a “reserve”. Does the County have a plan to force agricultural production on those large agricultural parcels? Or are the expecting the owners will sell some of that land back when needed?
“(b) The primary intent of the Agriculture designation is to conserve land and water resources in order to:
(1) insure an excellent resource base for existing and potential agricultural uses;
(2) assure a sufficient supply of land available for sale or lease at a cost that is economically feasible for agricultural enterprise; and
(3) promote and preserve open agricultural lands as a key element of Kaua‘i’s rural character and lifestyle, essential to its image as “The Garden Island” and to the continued viability and development of Kaua‘i’s visitor industry.”
Furthermore, you can see from 5.1.2. (b), the intent was to conserve the land. How has this land been conserved as a “resource base” and how have they 5.1.2. (b)(2) “assured a sufficient supply of land available for sale or lease at a cost that is economically feasible for agricultural enterprise;”
The only intent the GPU had “Preserving Kauai’s Rural Character” was to promote the “image as ‘The Garden Island’ and to the continued viability and development of Kaua‘i’s visitor industry.”
In other words, the scenic drive from one resort to the next should not be disturbed by any visible sign of housing dotting the land.
5.1.2 (e) The secondary intent of the Agriculture designation is’ to provide an opportunity for Kaua‘i citizens to reside in an agricultural community. An “agricultural community”
Clearly the primary intent was so predominate that it did not allow for the importance of secondary intent, which provides housing for the people.
View Full Policy PDF Here
