Kaua’i Bill 2961 (2025): Wildfire Mitigation and Managed Retreat Ordinance for Plantation Camp Districts

On September 8, 2025 the Kaua’i County mayor signed Bill No. 2961 into law, advancing wildfire mitigation efforts in Kaua’i’s plantation camp districts. As the first bill in Hawai’i to implement wildfire safety and risk reduction into the zoning and permitting process, Bill No. 2961 is a response to growing wildfire risk and the historic value of the area. Through the implementation of these regulations, the county aims to “provide a comprehensive framework for addressing wildfire hazards in these areas” and “minimize the threat to public health and safety.” This is accomplished by stringent zoning requirements and public outreach and education for the communities within the wildland-urban interface. 

Kaua’i has five historic camps that are protected by this law. The plantation camps have separate zoning requirements due to their historical significance and distinctly rural way of life. These communities, some 100 years in the making, are in drastic contrast to the newer surrounding towns being built-up and thus have been given special protections from development, and now wildfire. The plantation camps are owned by corporate management companies who are primarily responsible for the cost of the law’s requirements.

The zoning requirements laid out in Bill No. 2961 address structural and spatial requirements. These requirements can differ based on whether the structure’s location is classified as vacant or undeveloped (Area A) or developed (Area B). Structural requirements include types of building materials, ventilation requirements, and construction mandates. The Bill requires noncombustible flooring, walls, and elevation lifts, with a roof that complies with a Class A rating when tested under ASTM E108 fireproofing standards. Windows must be multi-paned with fire protection and ventilation must be made from noncombustible material and installed in enclosed attic spaces. Gutters are also regulated, as they must also be made of noncombustible material and covered to prevent the accumulation of debris. 

Spatial zoning requirements depend on the distance from the primary structure, with each zone having different requirements for vegetation and building management. 

  • Zone 0, or the Noncombustible Zone (NCZ) is the area 0-5 feet from the primary structure. Zone 0 should be entirely concrete hardscape with a depth of 4 inches. Due to its proximity to the primary structure, this zone has the most stringent fuel reduction and maintenance requirements. The ground cover shall be noncombustible and free of debris and fire-prone vegetation overhanging the roof is prohibited. Fences within 5 feet of the primary structure must also be constructed with noncombustible materials.
  • Zone 1, or the Defensible Space, is the area 5-30 feet from the primary structure. This area must be regularly maintained, including: removal of accumulated vegetative debris; pruning of canopied vegetation; ensuring trees are at least 10 feet apart and there is a minimum of 5 feet, horizontally, between a tree canopy and primary structure. Firewood is also prohibited in the defensible space area, as is any fire-prone vegetation. No more than 3 accessory structures are allowed within 30 feet of the primary structure. 
  • Zone 2, or the Resilient Landscape, is the area 30-100 feet from the primary structure. Fire-prone vegetation above 18 inches cannot be within this zone and any other vegetation with canopies are required to be 10 feet apart with their limbs and branches pruned to a minimum of 6 feet off of the ground. This area requires a routine removal of accumulated vegetative debris.

The Bill includes public outreach and participation requirements to educate and protect from wildfire risks. Landowners are required to conduct a workshop for plantation camp tenants that teach the principles of fire prevention and evacuation. Landowners must also hold a defensible space clean-up with camp tenants once per year. They then must submit a report on the event and participation to the Fire and Planning Department. 

Unrelated to wildfire management, the Bill also includes a managed retreat provision for Pakala Camp, which is situated within the plantation camp district and subject to high-risk coastal hazards. The provision reserves a mauka area (meaning “towards the mountain” or “inland”) as a “Coastal Hazard Receive Zone.” The currently inhabited area of Pakala Camp is labeled the “Coastal Hazard Send Zone.” If any dwelling is demolished or destroyed in the Send Zone it is prohibited to rebuild in the original site or anywhere else within the Send Zone. Instead, the provision mandates that the dwelling be rebuilt in the reserved Receive Zone, so long as the structure is not larger than the original and it complies with the wildland-urban interface regulations. In addition to mere reservation of the Receive Zone, the provision prohibits any dwellings to be built there that were not first located in the Send Zone, preserving the space for current Pakala Camp residents. 

Publication Date: July 16, 2025

Related Organizations:

  • County Council of Kaua'i

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Impacts:

  • Coastal Flooding
  • Wildfires

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