Kauai Additional Dwelling Unit Building Permit Sunset to Expire soon…
The Kauai Additional Dwelling Unit (ADU) clearance sunset on agricultural land has been one of the latest concerns in Kauai real estate. An ADU is a second house (not a guest house) that can be built legally as long as proper permits are obtained. The deadline to get a building permit for an approved ADU parcel is quickly approaching on December 15th, 2014.
This bill originated 25 years ago as the Ohana zoning amendment that was past. For the 6th time in 2009 the Kauai County Council had extended the time that people can obtain their building permits to build their ADU on Ag land.
Buyers are now re-thinking if they should buy a 1-3 acre parcel of Ag land if they cannot put a second house on it.
From reading county council meeting notes in 2009 it seems that the intent of the bill was to keep agricultural land for Ag land purposes such as farming. Many council members at the time stated that this was the last time for extending this bill. Although all 7 council members voted to extend the bill to December 15, 2014.
Back in 2009 council man Derek Kawakami was the only person who said that he would not be against extending the deadline again in 2014.
As for this bill affecting vacant agricultural land prices on Kauai I have not noticed any major price drops. Nobody will be able to predict the market but I don’t see sellers dropping their prices by much. If prices do end up dropping this could present a good opportunity for those looking to build 1 home on Ag land.
Olohena Road Lot 42-J, Wailua Homesteads – MLS# 265102
$449,000- This lot is 3 acres located on Olohena Road, Kapa`a. A level lot with a few trees. The ADU clearance form has been obtained although both buildings would have to have plans drawn before Dec. 15th 2014 in order to build 2 houses.
Additional Dwelling Unit Sunset Expiration Update Jan. 2015:
The Additional Dwelling sunset on vacant Agricultural land has been extended. This sunset had expired in Dec. 2014 and now has been extended another 10 years. Those that have already obtained their ADU permit for Ag. Land now have another 10 years to acquire plans to build.
