Any vacation homes, cottages, B&B etc. located on Conservation Land in Kauai are illegal and WILL NOT BE GRANTED nonconforming use certificates.
Bill 2204 states that because the State has sole jurisdiction over Conservation Lands vacation rentals on such lands are not addressed in the Bill.
Several Haena property owners were served papers by the State of Hawaii to close down their vacation rental activity by June 30, 2007 (an extension may be pending). All of these properties are located on Conservation Land, which is regulated by the State of Hawaii, and not by the County of Kauai directly. Apparently there are special regulations in place (some of them written into the deeds) that do not allow properties on conservation land any commercial activity. (This should also apply to long-term rental).
Our hearts go out to those folks affected. The sad thing is that these property owners were most likely reported by their neighbors. The County of Oahu, where similar laws were enacted in 1989, knows painfully well what this spying and telling on neighbor's activities has been doing to local communities. One thing is for sure: It's not conducive to the "Spirit of Aloha" we've all come to love about the islands.
If you own a vacation rental property on Conservation Land in Hawaii please click here to contact the group that is focusing on Conservation Land issues.
Based on latest available version of Bill No.2204 Download & read Bill No.2204
Because vacation home owners on Conservation Land will not be affected by Bill 2204, the annual membership dues are calculated by the number of properties, and are $100 per property per annum.
